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23/01/2015 15:04

HUMAN RIGHTS THE STATE OF THE WORLD’S THE STATE

REPORT 2014/15 AMNESTY INTERNATIONAL

AMNESTY INTERNATIONAL REPORT 2014/15 THE STATE OF THE WORLD’S 2014/15

Work with us at amnesty.org at us with Work The Amnesty International Report 2014/15 160 in rights state human of the documents Some 2014. during territories and countries reported. also are 2013 from events key failure the and conflict saw violent 2014 While and rights the safeguard to governments many of also progress was significant safety civilians, of of securing and witnessed safeguarding the in certain human rights. Key anniversaries, including in leak gas Bhopal the of commemoration the 1994, well in as genocide 1984 the and the of adoption the on since years reflections 30 as that us reminded Torture, against Convention UN still is there been made, leaps have while and victims for justice ensure to be to work done abuses. survivors grave of those stand who up report celebrates also This difficult often in world, the across rights human for represents It circumstances. dangerous and concerns throughout key Amnesty International’s policy- for reading essential is and world, the interest with an anyone and activists makers, rights. human in AMNESTY INTERNATIONAL INTERNATIONAL AMNESTY REPORT 2014/15 OF THE WORLD’S THE STATE HUMAN RIGHTS AIR_2014/15_cover_final.indd All Pages AMNESTY INTERNATIONAL

Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. Amnesty International’s mission is to conduct research and take action to prevent and end grave abuses of all human rights – civil, political, social, cultural and economic. From freedom of expression and association to physical and mental integrity, from protection from discrimination to the right to housing – these rights are indivisible. Amnesty International is funded mainly by its membership and public donations. No funds are sought or accepted from governments for investigating and campaigning against human rights abuses. Amnesty International is independent of any government, political ideology, economic interest or religion. Amnesty International is a democratic movement whose major policy decisions are taken by representatives from all national sections at International Council Meetings held every two years. Check online for current details.

First published in 2015 by All rights reserved. No This report documents Amnesty International Ltd part of this publication Amnesty International’s work Peter Benenson House may be reproduced, stored and concerns through 2014. 1 Easton Street in a retrieval system, or The absence of an entry in this London WC1X 0DW transmitted, in any form or report on a particular country by any means, electronic, or territory does not imply that © Amnesty International 2015 mechanical, photocopying, no human rights violations Index: POL 10/001/2015 recording and/or otherwise of concern to Amnesty without the prior permission International have taken place ISBN: 978-0-86210-488-7 of the publishers. To request there during the year. Nor is A catalogue record for this permission, or for any other the length of a country entry book is available from the inquiries, please contact any basis for a comparison British Library. [email protected] of the extent and depth of Amnesty International’s Original language: English amnesty.org concerns in a country.

II Amnesty International Report 2014/15 14/15

AMNESTY INTERNATIONAL REPORT 2014/15 THE STATE OF THE WORLD'S HUMAN RIGHTS

Amnesty International Report 2014/15 III CONTENTS ANNUAL REPORT 2014/15

Abbreviations VI Colombia 113 Preface VIII Congo ( of) 118 Côte D’Ivoire 119 Part 1. Foreword and Regional Overviews Croatia 121 Foreword 2 123 Africa Regional Overview 6 Cyprus 125 Americas Regional Overview 15 126 -Pacific Regional Overview 23 Democratic Republic of the Congo 128 Europe and Central Asia Regional Denmark 131 Overview 32 Dominican Republic 133 Middle East and North Africa Regional Ecuador 135 Overview 40 137 El Salvador 142 Part 2. Country entries Equatorial Guinea 144 Afghanistan 50 145 Albania 53 Estonia 147 54 148 Angola 58 Fiji 151 60 Finland 152 Armenia 62 154 Australia 63 Gambia 156 Austria 64 Georgia 159 65 161 Bahamas 68 Ghana 163 69 Greece 163 72 Guatemala 166 Belarus 74 Guinea 167 Belgium 76 Guinea-Bissau 169 Benin 77 Guyana 170 Bolivia 78 Haiti 172 Bosnia and Herzegovina 80 Honduras 174 82 Hungary 176 Brunei Darussalam 86 178 Bulgaria 87 182 Burkina Faso 89 186 Burundi 90 191 92 Ireland 195 Cameroon 95 Israel and the Occupied Palestinian Canada 97 Territories 197 Central African Republic 99 Italy 202 Chad 102 Jamaica 204 Chile 105 206 107 Jordan 207

IV Amnesty International Report 2014/15 Kazakhstan 209 Rwanda 310 Kenya 212 313 Korea (Democratic People’s Republic of) 216 Senegal 317 Korea (Republic of) 218 Serbia 319 Kuwait 220 322 Kyrgyzstan 222 325 224 Slovakia 326 Latvia 225 Slovenia 327 Lebanon 227 Somalia 328 Libya 229 South Africa 332 235 South 336 Macedonia 236 340 Malawi 237 342 238 Sudan 345 241 Suriname 349 242 Swaziland 349 244 Sweden 351 Mauritania 245 352 Mexico 247 353 Moldova 251 358 Mongolia 253 Tajikistan 360 Montenegro 254 Tanzania 362 /Western Sahara 255 363 Mozambique 259 Timor-Leste 366 261 Togo 367 Namibia 265 Trinidad and Tobago 369 Nauru 266 Tunisia 370 267 373 269 Turkmenistan 377 New Zealand 270 Uganda 379 Nicaragua 271 Ukraine 382 Niger 272 387 274 United Kingdom 389 Norway 279 of America 393 Oman 280 Uruguay 398 281 Uzbekistan 399 Palestine (State of) 285 Venezuela 401 Panama 288 Viet Nam 404 Papua New Guinea 289 Yemen 406 Paraguay 291 Zambia 410 Peru 292 Zimbabwe 411 294 296 Portugal 298 Puerto Rico 299 Qatar 300 Romania 303 Russian Federation 305

Amnesty International Report 2014/15 V ABBREVIATIONS

ASEAN ICCPR Association of Southeast Asian Nations International Covenant on Civil and Political Rights AU African Union ICESCR International Covenant on Economic, Social CEDAW and Cultural Rights UN Convention on the Elimination of All Forms of Discrimination against Women ICRC International Committee of the Red Cross CEDAW Committee UN Committee on the Elimination of ILO Discrimination against Women International Labour Organization

CERD International Convention against enforced International Convention on the Elimination of disappearance All Forms of Racial Discrimination International Convention for the Protection of All Persons from Enforced Disappearance CERD Committee UN Committee on the Elimination of Racial LGBTI Discrimination Lesbian, gay, bisexual, transgender and intersex CIA US Central Intelligence Agency NATO North Atlantic Treaty Organization ECOWAS Economic Community of West African States NGO Non-governmental organization EU OAS Organization of American States European Committee for the Prevention of Torture OSCE European Committee for the Prevention of Organization for Security and Co-operation in Torture and Inhuman or Degrading Treatment Europe or Punishment UK European Convention on Human Rights United Kingdom (European) Convention for the Protection of Human Rights and Fundamental Freedoms UN ICC International Criminal Court

VI Amnesty International Report 2014/15 UN Convention against Torture UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

UN Refugee Convention UN Convention relating to the Status of Refugees

UN Special Rapporteur on freedom of expression UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

UN Special Rapporteur on racism UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

UN Special Rapporteur on torture UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

UN Special Rapporteur on violence against women UN Special rapporteur on violence against women, its causes and consequences

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

UNICEF United Nations Children’s Fund

UPR UN Human Rights Council Universal Periodic Review

USA United States of America

WHO World Health Organization

Amnesty International Report 2014/15 VII PREFACE

The Amnesty International Report 2014/15 documents the state of the world’s human rights during 2014. Some key events from 2013 are also reported. The foreword, five regional overviews and survey of 160 countries and territories bear witness to the suffering endured by many, whether it be through conflict, displacement, discrimination or repression. The Report also highlights the strength of the human rights movement, and shows that, in some areas, significant progress has been made in the safeguarding and securing of human rights. While every attempt is made to ensure accuracy of information, information may be subject to change without notice.

VIII Amnesty International Report 2014/15 14/15

AMNESTY INTERNATIONAL REPORT 2014/15 FOREWORD AND REGIONAL OVERVIEWS

Amnesty International Report 2014/15 1 “I thought maybe Lebanon FOREWORD would be the least difficult option, but I heard that “Clashes between the Palestinian refugees in government forces and Lebanon are exposed to armed groups turned my racism and deprived of many neighbourhood of Yarmouk, in of their rights.” Damascus, into a beehive. It A Palestinian refugee from Syria, who was so busy. Yarmouk became eventually fled to Europe via Egypt, Turkey, a shelter for people fleeing and a dangerous sea crossing to Italy. from other neighbourhoods. This has been a devastating year for those “I worked in humanitarian seeking to stand up for human rights and for assistance and as a media those caught up in the suffering of war zones. Governments pay lip service to the activist, but the masked men importance of protecting civilians. And yet didn't differentiate between the world's politicians have miserably failed to protect those in greatest need. Amnesty humanitarian workers and International believes that this can and must armed opposition fighters. I finally change. International humanitarian - the law hid as more and more of my that governs the conduct of armed conflict friends were arrested. - could not be clearer. Attacks must never be directed against civilians. The principle “I decided it was time to get of distinguishing between civilians and out, and packed my bags. But combatants is a fundamental safeguard for people caught up in the horrors of war. where could I go? Palestinian And yet, time and again, civilians bore refugees from Syria are not the brunt in conflict. In the year marking the 20th anniversary of the Rwandan genocide, allowed to enter any country politicians repeatedly trampled on the rules without a visa. protecting civilians - or looked away from the deadly violations of these rules committed by others. The UN Security Council had repeatedly failed to address the crisis in Syria in earlier years, when countless lives could still have been saved. That failure continued in 2014. In the past four years, more than 200,000 people have died - overwhelmingly civilians - and mostly in attacks by government forces. Around 4 million people from Syria are now refugees in other countries. More than 7.6 million are displaced inside Syria.

2 Amnesty International Report 2014/15 The Syria crisis is intertwined with that of clearly shows - barely begins to scratch the its neighbour Iraq. The armed group calling surface. Some might argue that nothing can itself Islamic State (IS, formerly ISIS), which be done, that war has always been at the has been responsible for war crimes in Syria, expense of the civilian population, and that has carried out abductions, execution-style nothing can ever change. killings, and ethnic cleansing on a massive This is wrong. It is essential to confront scale in northern Iraq. In parallel, Iraq's violations against civilians, and to bring to Shi'a militias abducted and killed scores of justice those responsible. One obvious and Sunni civilians, with the tacit support of the practical step is waiting to be taken: Amnesty Iraqi government. International has welcomed the proposal, The July assault on Gaza by Israeli forces now backed by around 40 governments, caused the loss of 2,000 Palestinian lives. for the UN Security Council to adopt a code Yet again, the great majority of those - at least of conduct agreeing to voluntarily refrain 1,500 - were civilians. The policy was, as from using the veto in a way which would Amnesty International argued in a detailed block Security Council action in situations analysis, marked by callous indifference and of genocide, war crimes and crimes involved war crimes. Hamas also committed against humanity. war crimes by firing indiscriminate rockets That would be an important first step, and into Israel causing six deaths. could save many lives. In Nigeria, the conflict in the north between The failures, however, have not just been government forces and the armed group in terms of preventing mass atrocities. Direct Boko Haram burst onto the world's front assistance has also been denied to the pages with the abduction, by Boko Haram, millions who have fled the violence that has of 276 schoolgirls in the town of Chibok, one engulfed their villages and towns. of countless crimes committed by the group. Those governments who have been most Less noticed were horrific crimes committed eager to speak out loudly on the failures of by Nigerian security forces and those working other governments have shown themselves with them against people believed to be reluctant to step forward and provide the members or supporters of Boko Haram, some essential assistance that those refugees of which were recorded on video, revealed require - both in terms of financial assistance, by Amnesty International in August; bodies and providing resettlement. Approximately of the murdered victims were tossed into a 2% of refugees from Syria had been resettled mass grave. by the end of 2014 - a figure which must at In the Central African Republic, more least triple in 2015. than 5,000 died in sectarian violence despite Meanwhile, large numbers of refugees the presence of international forces. The and migrants are losing their lives in the torture, rape and mass murder barely made a Mediterranean Sea as they try desperately showing on the world's front pages. Yet again, to reach European shores. A lack of support the majority of those who died were civilians. by some EU Member States for search and And in South Sudan - the world's newest rescue operations has contributed to the state - tens of thousands of civilians were shocking death toll. killed and 2 million fled their homes in the One step that could be taken to protect armed conflict between government and civilians in conflict would be to further opposition forces. War crimes and crimes restrict the use of explosive weapons in against humanity were committed on populated areas. This would have saved both sides. many lives in Ukraine, where Russian-backed The above list - as this latest annual report separatists (despite unconvincing denials on the state of human rights in 160 countries

Amnesty International Report 2014/15 3 by Moscow of its involvement) and pro-Kyiv dissent. Leading human rights organizations forces both targeted civilian neighbourhoods. had to withdraw from the UN Human Rights The importance of the rules on protection Council's Universal Periodic Review of Egypt's of civilians means that there must be true human rights record because of fears of and justice when these reprisals against them. rules are violated. In that context, Amnesty As has happened on many previous International welcomes the decision by the occasions, protesters showed courage despite UN Human Rights Council in Geneva to threats and violence directed against them. initiate an international inquiry into allegations In , tens of thousands defied of violations and abuses of human rights official threats and faced down excessive during the conflict in Sri Lanka, where in the and arbitrary use of force by police, in what last few months of the conflict in 2009, tens became known as the "umbrella movement", of thousands of civilians were killed. Amnesty exercising their basic rights to freedoms of International has campaigned for such an expression and assembly. inquiry for the past five years. Without such Human rights organizations are sometimes accountability, we can never move forward. accused of being too ambitious in our dreams Other areas of human rights continued to of creating change. But we must remember require improvement. In Mexico, the enforced that extraordinary things are achievable. disappearance of 43 students in September On 24 December, the international Arms was a recent tragic addition to the more than Trade Treaty came into force, after the 22,000 people who have disappeared or threshold of 50 ratifications was crossed three gone missing in Mexico since 2006; most are months earlier. believed to have been abducted by criminal Amnesty International and others had gangs, but many are reported to have been campaigned for the treaty for 20 years. We subjected to enforced disappearance by were repeatedly told that such a treaty was police and military, sometimes acting in unachievable. The treaty now exists, and will collusion with those gangs. The few victims prohibit the sale of weapons to those who may whose remains have been found show use them to commit atrocities. It can thus signs of torture and other ill-treatment. The play a crucial role in the years to come - when federal and state authorities have failed to the question of implementation will be key. investigate these crimes to establish the 2014 marked 30 years since the adoption possible involvement of state agents and to of the UN Convention against Torture - ensure effective legal recourse for the victims, another Convention for which Amnesty including their relatives. In addition to the lack International campaigned for many years, and of response, the government has attempted one reason why the organization was awarded to cover up the human rights crisis and there the in 1977. have been high levels of impunity, corruption This anniversary was in one respect a and further militarization. moment to celebrate - but also a moment In 2014, governments in many parts of the to note that torture remains rife around the world continued to crack down on NGOs and world, a reason why Amnesty International civil society - partly a perverse compliment to launched its global Stop Torture campaign the importance of civil society's role. Russia this year. increased its stranglehold with the chilling This anti-torture message gained special "foreign agents law", language resonant of resonance following the publication of the Cold War. In Egypt, NGOs saw a severe a US Senate report in December, which crackdown, with use of the Mubarak-era Law demonstrated a readiness to condone torture on Associations to send a strong message in the years after the 11 September 2001 that the government will not tolerate any attacks on the USA. It was striking that some

4 Amnesty International Report 2014/15 of those responsible for the criminal acts of torture seemed still to believe that they had nothing to be ashamed of. From Washington to Damascus, from Abuja to Colombo, government leaders have justified horrific human rights violations by talking of the need to keep the country "safe". In reality, the opposite is the case. Such violations are one important reason why we live in such a dangerous world today. There can be no security without human rights. We have repeatedly seen that, even at times that seem bleak for human rights - and perhaps especially at such times - it is possible to create remarkable change. We must hope that, looking backward to 2014 in the years to come, what we lived through in 2014 will be seen as a nadir - an ultimate low point - from which we rose up and created a better future. Salil Shetty, Secretary General

Amnesty International Report 2014/15 5 (25.89%) and DRC (13.6%), account for AFRICA REGIONAL almost 40% of the continent’s poor. Africa has one of the highest youth OVERVIEW rates in the world and it remains the second most unequal region in the world, after Latin As Africa remembers the 20th anniversary America. All these point towards the nexus of the Rwandan genocide, violent conflicts between conflicts and fragility on the one dogged much of the continent throughout hand, and the denial of basic socioeconomic 2014 – unfolding or escalating in a rights, social exclusion, inequality and particularly bloody way in the Central African deepening on the other. Republic (CAR), South Sudan and Nigeria, The impacts of repression and persistent and continuing unresolved in the Democratic denial of fundamental human rights in Republic of the Congo (DRC), Sudan contributing to instability and violent conflicts and Somalia. were vivid in 2014, as demonstrated in These conflicts were enmeshed with Burkina Faso, CAR, South Sudan and Sudan. persistent patterns of gross violations of A trend of repression and shrinking of political international human rights and humanitarian space continued in many African countries law. Armed conflicts bred the worst crimes during the year. In several, security forces imaginable, injustice and repression. responded to peaceful demonstrations and Marginalization, discrimination and persistent protests with excessive force. In far too many denial of other fundamental freedoms and places, freedoms of expression, association basic socioeconomic rights have in turn and peaceful assembly continued to be created fertile grounds for further conflict and severely curtailed. The trend was not only instability. visible in countries ruled by authoritarian In many ways, Africa continued to governments but also in those which are be viewed as a region on the rise. The less authoritarian and in the process of or development context and landscape in many preparing for political transition. countries is changing. Throughout 2014, Many African countries, including Kenya, rapid social, environmental and economic Somalia, Nigeria, Mali, and countries in change continued to sweep across the the Sahel region, faced serious security continent. A fast growing population, rapid challenges in 2014, as a direct result of economic growth and urbanization combined increased violence by radical armed groups, to alter people’s lives and livelihoods at a including al-Shabab and Boko Haram. Tens remarkable pace. Many African states have of thousands of civilians have lost their made remarkable progress towards achieving lives, hundreds have been abducted and the UN Millennium Development Goals countless others continue to live in a state (MDGs) despite steep challenges. The Africa of fear and insecurity. But the response of MDG Report 2014 reveals that eight of the many governments has been equally brutal world’s top 10 best performers in accelerating and indiscriminate, leading to mass arbitrary rapidly towards the goals are in Africa. arrests and detentions, and extrajudicial However, many indicators left bitter executions. The year ended with Kenya reminders that rapid economic growth has enacting the Security (Amendment) Act failed to improve living conditions for many. 2014, which amended 22 laws and which has While the overall poverty rate in Africa far-reaching human rights implications. has dropped in the past decade, the total Another common element in conflict number of Africans living below the poverty situations across the Africa region has been line (US$1.25 per day) has increased. Two impunity for crimes under international law of the conflict-plagued nations, Nigeria committed by security forces and armed

6 Amnesty International Report 2014/15 groups. 2014 not only saw a cycle of impunity conflicts in Sudan, for example, despite a continuing unabated, including in CAR, DRC, critical need for independent human rights Nigeria, Somalia, South Sudan and Sudan, monitoring, reporting and accountability. In but it was also a year marked with a serious Darfur, a review of investigations into the UN political backlash against the International Mission in Darfur (UNAMID) was announced Criminal Court (ICC). There was also an by the UN Secretary-General in July, in unprecedented political momentum in Africa response to allegations that UNAMID staff championing immunity from prosecution for had covered up human rights abuses. serving heads of state and officials for crimes Addressing the mounting challenges of against humanity and other international conflicts in Africa calls for an urgent and crimes. This culminated in a retrogressive fundamental shift in political will among amendment to the Protocol on the Statute African leaders, as well as concerted efforts of the African Court of Justice and Human at national, regional and international levels Rights, granting immunity to serving heads of to end the cycle of impunity and address the state or other senior officials before the Court. underlying causes of insecurity and conflicts. 2014 marked the 10th anniversary of Otherwise the region’s vision of “silencing the the establishment of the AU Peace and guns by 2020” will remain a disingenuous Security Council (PSC), the AU’s “standing and unachievable dream. decision-making organ for the prevention, management and resolution of conflicts” in CONFLICT – COSTS AND VULNERABILITY Africa. The AU and its PSC have taken some Conflict and insecurity blighted the lives of remarkable steps in response to the emerging countless people in Africa, and – with varying conflicts in Africa, including the deployment degrees of intensity – affected almost all of the International Support Mission to countries. These conflicts were characterized the Central African Republic (MISCA), the by persistent abuses and atrocities establishment of a Commission of Inquiry on committed by both government forces and South Sudan, the Special Envoy for Women, armed groups. Peace and Security, and several political CAR was plagued by a cycle of sectarian statements condemning violence and attacks violence and mass atrocities, including on civilians. But in many cases, these efforts killings, torture, rape, mutilation of bodies, appeared too little and too late, pointing to abductions, forced displacement and the capacity challenges of the AU in responding recruitment and use of child soldiers. Despite to conflicts. In some instances, complicity by a ceasefire signed in July and the deployment AU missions in serious human of a UN peacekeeping mission in September, rights violations was also alleged, as with the last months of 2014 were scarred by an MISCA and specifically its Chadian contingent escalating wave of attacks in the country’s which withdrew from the mission in CAR central regions. Civilians were subjected to a following such allegations. range of human rights abuses during a surge Nonetheless, failure to address conflict in conflict between different armed groups. challenges in Africa goes beyond the level Fresh violence rocked the capital, Bangui, of the AU. In CAR, for example, the UN in October. All sides – Séléka, anti-Balaka dragged its heels before eventually sending and armed members of the Peulh ethnic in a peacekeeping force that, although saving group – systematically and with impunity many lives, did not have the full resources – targeted civilians. The deployment of the needed to stem the continued wave of human UN Multidimensional Integrated Stabilization rights violations and abuses. At other times Mission (MINUSCA) in September raised there was silence. The UN Human Rights hopes of change – yet just a month later there Council failed to respond effectively to the was a significant upsurge in violence across

Amnesty International Report 2014/15 7 the country. This demonstrated the clear rights violations and abuses committed by need to strengthen the capacity and reactivity all sides. of the international forces on the ground. Torture and other ill-treatment was routinely In neighbouring South Sudan tens of and systematically practised by Nigeria’s thousands of people – many of them civilians security services throughout the country, – were killed and 1.8 million forced to flee including in the context of the conflict in the their homes in the conflict that erupted in northeast. Security officials were rarely held December 2013. Government and opposition accountable. A pattern of mass arbitrary forces demonstrated a total disregard for arrests and detentions carried out by the international humanitarian and human rights military in the northeast visibly escalated after law, committing war crimes and crimes the declaration of a state of emergency in against humanity. All parties to the conflict May 2013, and there were ongoing reports targeted and killed civilians on the basis of extrajudicial executions by the military and of ethnicity, including those seeking safety police by the end of the year. in places of worship and hospitals. Sexual Meanwhile, there was no apparent violence was widespread, as was rampant resolution in sight for already looting and destruction of property. Despite protracted conflicts. the scale of the abuses – and even though Sudan’s conflicts in Darfur, Southern millions remained at risk of famine and Kordofan and Blue Nile continued disease – both sides ignored several ceasefire unabated, and spread to Northern Kordofan. deals. The year ended with no meaningful Violations of international human rights and signs of addressing impunity, including the humanitarian law were committed by all findings of the AU’s Commission of Inquiry on sides. In Darfur, widespread abuses and South Sudan, which remained unknown. violence between warring communities Following a deepening campaign of and attacks by government-allied militias violence by the Islamist armed group Boko and armed opposition groups triggered a Haram during 2013, the armed conflict in significant increase in displacement and Nigeria’s northeast intensified in scope and civilian deaths. casualties, powerfully illustrating the threats An upsurge in violence by armed groups to the stability of Africa’s most populous in eastern DRC, within the context of nation and to regional peace and security. Operation Sokola 1, cost thousands of lives The conflict intensified in smaller towns and forced more than a million people to and villages in 2014 with more than 4,000 flee their homes. The increased violence civilians killed since 2009. The abduction in was also marked by killings and mass rapes April of 276 schoolgirls by Boko Haram was by both government security forces and one emblematic case of the group’s campaign armed groups. of terror against civilians, which continued In southern and central Somalia, over unabated. On the other hand, communities 100,000 civilians were killed, injured or already terrorized for years by Boko displaced in the ongoing armed conflict Haram became increasingly vulnerable to between pro-government forces, the African violations by the state security forces, which Union Mission in Somalia (AMISOM) and the regularly responded with heavy-handed and Islamist armed group al-Shabaab. All parties indiscriminate attacks and with mass arbitrary to the conflict violated international human arrests, beatings and torture. Gruesome video rights and humanitarian law. Armed groups footage, images and eyewitness accounts forcibly recruited people, including children, gathered by Amnesty International provided and abducted, tortured and unlawfully killed fresh evidence of probable war crimes, crimes others. Rape and other forms of sexual against humanity and other serious human violence were widespread. The humanitarian

8 Amnesty International Report 2014/15 situation deteriorated rapidly due to the organizations were allowed to operate, and conflict, drought and reduced humanitarian thousands of prisoners of conscience and access. More than one million people were in political prisoners continued to be held humanitarian crisis and another 2.1 million in in arbitrary detention. In Ethiopia, there need of assistance at the end of 2014. was renewed targeting of independent Warning signs of future conflicts were also media including bloggers and journalists, visible. The Sahel region remained especially arrests of opposition party members and volatile, due to combined effects of political peaceful protesters. Space for criticism of insecurity, surge of radical armed groups and government’s policy towards human rights organized crime, extreme poverty as well as by civil society was almost non-existent in social exclusion. This was illustrated in Mali, Rwanda . In Burundi, critical voices, including where internal armed conflict left the country opposition members, civil society activists, in a state of persistent insecurity – particularly lawyers and journalists, were restricted as in the north where some areas remained the 2015 elections approached. Freedom of outside the control of the authorities. Despite assembly and association was curtailed, with a peace agreement signed between the meetings and marches regularly prohibited. government and armed groups in 2013, In Gambia, President Yahya Jammeh armed groups committed abuses including marked his 20th anniversary in power – two abductions and killings, and outbreaks of decades characterized by severe intolerance violence persisted in 2014 even as peace of dissent in which journalists, political discussions between the government and opponents and human rights defenders armed groups continued. continue to be intimidated and tortured. The Violence and insecurity were heightened by year ended with an attempted coup on the a surge in acts of – as in Somalia, night of 30 December, leading to dozens Kenya, Nigeria, and across the Sahel region – of arrests and widespread crackdowns on which were often met by serious human rights media outlets. In Burkina Faso, a transitional violations by government forces. Abuses by government was installed in November to armed groups included unlawful killings, steer the country towards legislative and abductions, torture and indiscriminate presidential elections in 2015. This followed attacks. In Somalia, al-Shabaab factions the ousting of former President Blaise tortured and unlawfully killed people they Compaoré after widespread popular protests accused of spying or not conforming to their against a bill to modify the Constitution. strict interpretation of Islamic law. They killed Security forces responded to people in public – including by stoning – and demonstrations and protests with excessive carried out amputations and floggings. In force in Angola, Burkina Faso, Chad, Guinea, Cameroon as well, Nigerian Islamist groups Senegal and Togo, among other countries. including Boko Haram killed civilians, carried In most cases, the authorities failed to out hostage-taking and abductions, and investigate excessive use of force and no one attacked human rights defenders. was held accountable. In many countries, journalists, human SHRINKING POLITICAL SPACE rights defenders and political opponents AND PERSISTENT DENIAL OF faced widespread patterns of threats, arbitrary FUNDAMENTAL RIGHTS arrest and detention, beatings, torture, In far too many countries in Africa, a trend enforced disappearances and even death of repression and shrinking of political space at the hands of government operatives or continued during the year. armed groups. Crackdowns or restrictions on In Eritrea, no political opposition rights to freedom of expression, association parties, independent media or civil society and peaceful assembly took place in Angola,

Amnesty International Report 2014/15 9 Burkina Faso, Cameroon, Chad, Eritrea, international law in the country remained at Ethiopia, Gambia, Guinea, Mauritania, large at the end of the year. Rwanda, Somalia, Swaziland, Togo, Uganda, In DRC, efforts to ensure accountability Zambia and Zimbabwe. for crimes under international law committed In Angola, Burundi and Gambia new by the Congolese army and armed groups legislation and other forms of regulations achieved few visible results. The trial before further restricted the work of the media and a military court of Congolese soldiers for the civil society. mass rape of more than 130 women and In Sudan, freedoms of expression, girls, as well as murder and looting in Minova, association and peaceful assembly concluded with only two convictions for rape continued to be severely curtailed despite out of the 39 soldiers on trial. Others accused the government’s expressed commitments to were convicted of murder, looting and begin a national dialogue to achieve peace in military offences. Sudan and protect constitutional rights. The A failure to ensure accountability was a government continued to use the National systemic problem outside conflict zones also, Intelligence and Security Services (NISS) with perpetrators of human rights violations and other security forces to arbitrarily detain largely able to operate freely. Torture and perceived opponents of the ruling National other ill-treatment persisted in countries Congress Party, to censor media and to shut such as Equatorial Guinea, Eritrea, Ethiopia, down public forums and protests. Gambia, Mauritania, Nigeria and Togo, largely South Sudan’s National Security Service because of failures to ensure accountability (NSS) seized and shut down newspapers, and for these crimes. harassed, intimidated and unlawfully detained Efforts to ensure accountability for journalists, in a clampdown that restricted international crimes, including crimes against freedom of expression and curtailed public humanity, committed during the 2007/2008 debate about how to end the armed conflict. post-election violence in Kenya remained A National Security Service Bill granting inadequate. At the ICC, the trial of Deputy the NSS broad powers, including to arrest President Samoei Ruto and Joshua Arap and detain without adequate provisions for Sang continued, although undermined by independent oversight or safeguards against allegations of witness intimidation and bribery. abuse, was passed by parliament and was Charges against President Uhuru Kenyatta awaiting presidential assent. were withdrawn following the rejection of a petition filed by the ICC Prosecutor for a IMPUNITY – FAILURES TO finding of non-co-operation by the Kenyan ENSURE JUSTICE government. At the national level, there was Impunity was a common denominator in no progress in ensuring accountability for Africa’s armed conflicts, with those suspected serious human rights violations committed of criminal responsibility for crimes under during the post-election violence. international law rarely held to account. On the other hand, in 2014 the ICC In CAR, there were some arrests of confirmed the verdict and sentence in the lower-level members of armed groups, while Thomas Lubanga Dyilo case – he had been the Prosecutor of the ICC announced the found guilty in 2012 of the war crimes of opening of a new preliminary examination enlisting and conscripting children under into the violence. Such signs of hope were the age of 15 and using them to participate however the exception; impunity continues actively in hostilities in DRC. In addition, to fuel conflict in CAR. Almost all leaders of Germain Katanga, commander of the Force armed groups suspected of crimes under de Résistance Patriotique en Ituri, was found guilty of crimes against humanity

10 Amnesty International Report 2014/15 and war crimes and sentenced to a total of previous advances on international justice 12 years’ imprisonment. Charges against in Africa. Although the Rome Statute of the Bosco Ntaganda for crimes against humanity ICC has 34 state parties from Africa – more and war crimes, including crimes of sexual than any other region – politically expedient violence, allegedly committed in 2002-2003 manoeuvring during 2014 undermined in Ituri, DRC, were confirmed by the ICC. The such bold progress by Africa towards trial is scheduled for June 2015. The charges ensuring accountability. Kenya proposed five against former President of Côte d’Ivoire amendments to the Rome Statute, including Laurent Gbagbo, accused of crimes against that Article 27 be amended to preclude the humanity, were confirmed by the ICC in June. ICC from prosecuting heads of state and The trial is currently set for July 2015. government while they hold office. Emerging national attempts to combat In May, AU ministers considering impunity for crimes under international law amendments to the Protocol on the included the launch of an investigation in Mali Statute of the African Court of Justice and into cases of enforced disappearance. Former Human Rights agreed to extend the range Chadian President Hissène Habré remained of categories of people who could enjoy in custody in Senegal awaiting trial before immunity from the court’s newly established the Extraordinary African Chambers created criminal jurisdiction. The AU Assembly at by the AU following his July 2013 arrest on its 23rd Ordinary Session subsequently charges of crimes against humanity and war approved this amendment which aims to crimes committed in Chad between 1982 grant sitting African leaders and other senior and 1990. state officials immunity from prosecution for In March, Côte d’Ivoire surrendered genocide, war crimes and crimes against Charles Blé Goudé to the ICC, who is accused humanity – a backward step and a betrayal of crimes against humanity committed of victims of serious violations of human during the post-election violence in 2010. rights. Heads of state and government chose In December, the Pre-Trial Chamber of the to shield themselves and future leaders ICC confirmed four charges of crimes against from prosecution for serious human rights humanity and committed him to trial before violations, rather than ensuring justice for a Trial Chamber. In December, the Pre-Trial victims of crimes under international law. Chamber rejected Côte d’Ivoire’s challenge to Irrespectively, the ICC will retain the power the admissibility of the case against Simone to investigate serving African heads of state Gbagbo, who is suspected of commission of and government of any state party to the crimes against humanity. Rome Statute for such crimes – but 2014 will Encouragingly, a landmark decision on be remembered as a year where some African universal jurisdiction was passed in October states and the AU actively mobilized political by the Constitutional Court of South Africa efforts to undermine the ICC’s work. (CCSA) in the National Commissioner of the South African Police Service v. Southern POVERTY AND DEPRIVATION African Human Rights Litigation Centre and Despite the continued rapid economic growth Another case. In that judgment the CCSA during the year, living conditions for many ruled that allegations of torture committed Africans have yet to improve. Many states in Zimbabwe by and against Zimbabwean have made remarkable progress towards nationals must be investigated by the South achieving the Millennium Development African Police Service – based on the Goals but Africa still lags behind most other principle of universal jurisdiction. developing regions in achieving many of Yet on the international and regional the targets by 2015. Poverty in Africa is stage, there was serious backsliding on continuing to decline, but the pace is not

Amnesty International Report 2014/15 11 sufficient for the region to achieve the target contributed to the epidemic’s rapid and of halving poverty by 2015. In fact, indications fatal spread. are that the total number of Africans living All these not only point to failures by below the poverty line (US$1.25 per day) has governments to respect, protect and fulfil increased. Other targets including reducing the right to the highest attainable standard numbers of underweight children and of health of their citizens but also the failures maternal mortality are also unlikely to be met. of the international community to respond As African cities expanded at an to this crisis. By late 2014, leading aid unprecedented pace, rapid urbanization was agencies were calling for greater support accompanied by insecurity and inequality. from the international community. The Urban poverty left many without adequate UN said that it needed US$1.5 billion to housing and basic facilities, particularly those stop Ebola from spreading for the period living in informal settlements or slums. Forced October 2014 - March 2015; as of December evictions left people without their livelihoods only US$1.2 billion had been donated. and possessions, and drove them deeper into If the outbreak continues at its present poverty. In Angola, at least 4,000 families rate, the UN estimates a further US$1.5 were forcibly evicted in Luanda province. In billion will be needed for the period April to Kenya, courts continued to confirm the right September 2015. to adequate housing and the prohibition on forced evictions. The High Court ordered the DISCRIMINATION AND government to pay compensation of 33.6 MARGINALIZATION million shillings (approximately US$390,000) Hundreds of thousands of people were – to the residents of City Carton informal or continued to be – displaced by armed settlement in the capital, Nairobi, who were conflicts, political persecution, or in search forcefully evicted from their homes in 2013. of better livelihood. Most were forced to flee The outbreak of the Ebola Virus Disease their homes and livelihoods in arduous and epidemic in some countries in West Africa dangerous attempts to find safety within in March led to what the World Health their own countries or across international Organization (WHO) described as the largest borders. Vast numbers of refugees and and most complex Ebola outbreak since migrants languished on the frontline of further the virus was discovered in 1976. By late violations and abuses, many in camps with 2014, Ebola had claimed the lives of over limited access to health, water, sanitation, 8,000 people across Guinea, Liberia, Mali, food and . Nigeria and Sierra Leone. More than 20,000 Their numbers were swelled monthly by people were infected (suspected, probable thousands of people who fled Eritrea, most and confirmed cases), and there were fears of them due to the system of indefinite that a major food crisis could unfold in early conscription into national service. Many 2015. Communities and health services were were at risk from human trafficking shattered or pushed to breaking point. networks, including in Sudan and Egypt. In The most severely affected countries – Cameroon, thousands of refugees from CAR Guinea, Liberia and Sierra Leone – already and Nigeria were living in dire conditions had very weak health systems, having only in crowded camps in border areas after recently emerged from long periods of fleeing from armed groups. Many displaced conflict and instability. In Guinea – where by Sudan’s conflict – more than a million hundreds of people died, including at least people – remained in the country, with at 70 health workers – the government’s least 600,000 living in refugee camps in delayed response, and a lack of resources, Chad, South Sudan or Ethiopia. The plight of thousands of Somali refugees in Kenya

12 Amnesty International Report 2014/15 was exacerbated by a policy of forced on real or perceived sexual orientation and encampment, which forced them from their gender identity. Uganda’s introduction of an homes in the towns and into squalid and Anti-Homosexuality Act – although overturned overcrowded camps. Refugees and asylum- by the country’s Constitutional Court because seekers in South Africa continued to be Parliament had passed it without quorum – subjected to xenophobic attacks with little or left many LGBTI people, and those perceived no protection from the authorities. as being so, continuing to face arbitrary Many other groups were also excluded arrests and beatings, evictions from homes, from human rights protection or denied the loss of jobs and mob attacks. Gambia’s means to get redress for abuses. Women can President assented to a bill passed by play an essential role in strengthening the parliament, the Criminal Code (Amendment) resilience of conflict-affected societies, but Act 2014, creating the offence of “aggravated were frequently marginalized from national homosexuality” – a vague definition open peace-building processes. In many countries to wide-ranging abuse and carrying a life suffering conflict or hosting large populations sentence. A homophobic bill was also before of refugees or displaced people, women and Chad’s parliament, threatening to impose girls were subjected to rape and other forms sentences of up to 20 years’ imprisonment of sexual violence, for example in South and heavy fines for people “found guilty” of Sudan and Somalia. Violence against women same-sex activity. was pernicious outside countries in conflict too, sometimes because of cultural traditions LOOKING AHEAD and norms, but also because in some Throughout 2014, individuals and countries gender-based discrimination was communities across the region built and institutionalized by legislation. strengthened understanding of, and respect For lesbian, gay, bisexual, transgender for, human rights. By speaking out and and intersex (LGBTI) people there was hope taking action – sometimes at risk to their own in 2014 when the African Commission on lives and safety – this growing human rights Human and Peoples’ Rights adopted a movement provided a vision of justice, dignity landmark resolution condemning acts of and hope. violence, discrimination and other human Nevertheless, the year was a potent rights violations against people on the basis reminder of the scale of Africa’s human of their sexual orientation or gender identity. rights challenges, and of the need for deeper Other signs of hope for equality and justice and faster progress towards realizing all included expressed commitments by Malawi such rights. to decriminalize consensual same-sex Events sharply illustrated the urgent need sexual activity. for concerted and consistent action to defuse Nevertheless, people continued to be and resolve violent conflicts in Africa. Looking persecuted or criminalized for their perceived ahead, the AU Commission’s efforts in or real sexual orientation in many countries, establishing a roadmap towards silencing all including Cameroon, Gambia, Senegal, guns in Africa must be embraced and driven Uganda and Zambia. forwards. A far more robust, consistent and In a retrograde trend, several countries coherent approach to addressing conflict, strove to increase criminalization of people based on international human rights law – by due to their sexual identity, either by both international and regional institutions – is entrenching already unjust laws or introducing desperately needed. new ones. Nigeria’s President signed the Another essential prerequisite for oppressive Same Sex Marriage (Prohibition) peace, security and justice is for African Act into law, allowing discrimination based states to withdraw their collective attack

Amnesty International Report 2014/15 13 on international justice – including the work of the ICC – and instead stand firm on confronting impunity, both regionally and internationally, and work towards effective accountability for gross human rights violations and other crimes under international law. The coming years are almost certainly going to be marked by profound change. Not least, the post-2015 framework that follows the Millennium Development Goals will be a historic opportunity for AU member states to agree on a human rights framework that could transform countless lives for the better. Accountability should be embedded in the post-2015 framework through robust targets and indicators on access to justice, and this must be combined with strengthening rights around participation, equality, non- discrimination, the rule of law, and other fundamental freedoms.

14 Amnesty International Report 2014/15 networks and social tension, even where there AMERICAS is no formal acknowledgement that conflict exists. In some areas, the increasing power of REGIONAL criminal networks and other non-state actors, such as paramilitaries and transnational OVERVIEW corporations, posed a sustained challenge to the power of the state, the rule of law and Across the Americas, deepening inequality, human rights. discrimination, environmental degradation, Grave human rights violations continued historical impunity, increasing insecurity and to blight the lives of tens of thousands of conflict continued to deny people the full people throughout the region. Far from enjoyment of their human rights. Indeed, making further advances in the promotion those at the forefront of promoting and and protection of human rights for all, without defending those rights faced intense levels discrimination, the region appeared to be of violence. going backwards during 2013 and 2014. 2014 saw mass public responses to The UN High Commissioner for Human these human rights violations the length Rights recorded 40 killings of human rights and breadth of the continent, from Brazil defenders in Colombia during the first nine to the USA and from Mexico to Venezuela. months of 2014. In country after country, people took to the In October, the Dominican Republic streets to protest against repressive state publicly snubbed the Inter-American Court of practices. The demonstrations were a very Human Rights after the Court condemned the public challenge to high levels of impunity authorities for their discriminatory treatment and corruption and to economic policies that of Dominicans of Haitian descent and privilege the few. Hundreds of thousands Haitian migrants. of people joined these spontaneous In September, 43 students from the mobilizations using new technologies and Ayotzinapa teacher training college were social media to rapidly bring people together, subjected to enforced disappearance in share information and expose human Mexico. The students were detained in the rights abuses. town of Iguala, Guerrero state, by local police These outpourings of dissatisfaction and acting in collusion with organized criminal demands that human rights be respected networks. On 7 December, the Federal took place against the backdrop of an Attorney General announced that the remains erosion of democratic space and continuing of one of the students had been identified criminalization of dissent. Violence by both by independent forensic experts. By the end state and non-state actors against the general of the year, the whereabouts of the other 42 population, and in particular against social remained undisclosed. movements and activists, was on the rise. In August, Michael Brown, an 18-year- Attacks on human rights defenders increased old unarmed African American man, was significantly in most countries in the region, fatally shot by a police officer, Darren Wilson, both in terms of sheer numbers and in the in Ferguson, Missouri, USA. People took severity of the violence inflicted. to the streets following the shooting and in This growing violence was indicative of an November to protest against a grand jury increasingly militarized response to social decision not to indict the officer. The protests and political challenges in recent years. In spread to other major cities in the country, many countries in the region, it has become including New York in December, after a commonplace for the authorities to resort to grand jury declined to indict a police officer the use of state force to respond to criminal for the death of Eric Garner in July.

Amnesty International Report 2014/15 15 Also in August, prominent campesino rights remains elusive for many throughout (peasant farmer) leader Margarita Murillo was the region. shot dead in the community of El Planón, northwestern Honduras. She had reported PUBLIC SECURITY AND HUMAN RIGHTS being under and receiving threats Time and again, protests against government in the days immediately prior to the attack. policies met with excessive use of force by In February, 43 people died, including the security forces. In Brazil, Canada, Chile, members of the security forces, and Ecuador, Guatemala, Haiti, Mexico, Peru, scores more were injured in Venezuela the USA and Venezuela, the security forces during clashes between anti-government flouted international standards on the use protesters, the security forces and pro- of force in the name of protecting public government supporters. order. Instead of sending a clear message In El Salvador in 2013, a young woman that excessive force would not be tolerated, known as Beatriz was refused an governments failed even to question or raise despite the imminent risk to her life and the concerns about the violence meted out. fact that the foetus, which lacked part of its Early in 2014, Venezuela was shaken by brain and skull, could not survive outside mass protests for and against the government the womb. Beatriz’ situation provoked a in various parts of the country. The protests national and international outcry and weeks and the response of the authorities reflected of sustained pressure on the authorities. She the growing polarization that has gripped was finally given a caesarean in her 23rd the country for more than a decade. This week of pregnancy. The total ban on abortion wave of social discontent and violent clashes in El Salvador continues to criminalize girls’ between demonstrators and the security and women’s sexual and reproductive forces were the setting for widespread choices, putting them at risk of losing human rights violations, including killings, their lives or freedom. In 2014, 17 women arbitrary detentions, torture and other cruel, sentenced to up to 40 years’ imprisonment for inhuman or degrading treatment. Thousands pregnancy-related issues requested pardons; of protesters were detained, many arbitrarily, a decision on their cases was pending at the and there were reports of torture or other end of the year. ill-treatment. At least 43 people were killed In May 2013, former Guatemalan President and 870 injured, including members of the General Efrain Rios Montt was convicted security forces, in the context of the protests of genocide and crimes against humanity. and the security forces’ response to them. However, the conviction was quashed just Thousands of people in Brazil took to the 10 days later on a technicality, a devastating streets to protest as the country prepared outcome for victims and their relatives who to host the 2014 World Cup. Demonstrators had waited for more than three decades for sought to express their discontent at justice. Rios Montt was the President and increases in the cost of public transport and Commander-in-Chief of the Army in 1982- at the level of spending on the World Cup in 1983 when 1,771 Mayan-Ixil Indigenous contrast with the lack of sufficient investment people were killed, tortured, subjected to in public services. The scale of the protests sexual violence or displaced, during the was unprecedented, with hundreds of internal armed conflict. thousands of people participating in mass This long list of grave human rights abuses demonstrations in dozens of cities. In many shows how, despite the fact that states in the instances, the police response to the wave region have ratified and actively promoted of protests in 2013 and 2014, including most regional and international human rights during the World Cup, was violent and standards and treaties, respect for human abusive. Military police units used tear gas

16 Amnesty International Report 2014/15 on protesters indiscriminately – in one case corruption and collusion between state even inside a hospital – fired rubber bullets officials and organized crime, as well as at people who posed no threat and beat shocking levels of impunity. people with batons. Hundreds were injured, Torture and other ill-treatment were including Sérgio Silva, a photographer who frequently used against criminal suspects lost his left eye after being hit by a rubber to obtain information, extract confessions bullet. Hundreds more were indiscriminately or inflict punishment. Daniel Quintero, a rounded up and detained, some under 23-year-old student, was kicked and punched laws targeting organized crime, despite the in the face and ribs and threatened with absence of any evidence that the individual rape when he was detained for allegedly had been involved in criminal activity. participating in an anti-government In the USA, the shooting of Michael Brown demonstration in Venezuela in February and the decision of the grand jury not to 2014. In the Dominican Republic, Ana indict the police officer responsible sparked Patricia Fermín received death threats in months of protests in and around Ferguson. April 2014 after she reported that two of her The use of heavy-duty riot gear and military- relatives had been tortured while in police grade weapons and equipment to police the custody in the capital Santo Domingo. Her demonstrations served to intimidate protesters husband and one of the tortured men were exercising their right to peaceful assembly. shot dead by police in September. Protesters and journalists were injured by the security forces who used rubber bullets, ACCESS TO JUSTICE AND THE tear gas and other aggressive dispersal FIGHT TO END IMPUNITY tactics in situations where such action was Meaningful access to justice remained out of not warranted. reach for many people, especially those from the most deprived communities. Obstacles to TORTURE AND OTHER ILL-TREATMENT justice included inefficient judicial systems, The Americas has some of the most a lack of independence in the judiciary, and robust anti-torture laws and mechanisms a willingness among some sectors to resort at the national and regional level. And yet to extreme measures to avoid accountability throughout the region, torture and other and to protect vested political, criminal and ill-treatment remain widespread and those economic interests. responsible are rarely brought to justice. Difficulties in getting access to justice were In a report, Out of control: Torture and exacerbated by attacks against human rights other ill-treatment in Mexico, Amnesty defenders, witnesses, lawyers, prosecutors International documented a worrying and judges. Journalists trying to expose increase in torture and other ill-treatment in abuses of power, human rights violations the country. It also highlighted a prevailing and corruption were also frequently targeted. culture of tolerance and impunity for torture In addition, the use of military courts to in Mexico during the past decade; only seven try members of the security forces who torturers have been convicted in federal commit human rights violations persisted in courts and even fewer have been prosecuted a number of countries, including in Chile, at state level. Ecuador and the USA, amid concerns The incomplete and limited investigations about the independence and impartiality of into human rights violations committed in these processes. the case of the 43 disappeared student There was some progress in the teachers in Mexico highlighted serious failures investigation and prosecution of human rights on the part of the Mexican government in violations committed by military regimes in investigating widespread and entrenched the last century, including in Argentina and

Amnesty International Report 2014/15 17 Chile. However, impunity for thousands of rights to life, physical integrity and dignity enforced disappearances and extrajudicial were protected. executions in the region during the second half of the 20th century remained entrenched, RIGHTS OF MIGRANTS AND largely owing to the lack of political will to THEIR DESCENDANTS bring those responsible to justice. Thousands Insecurity and social deprivation in their of victims and their relatives continued home countries drove increasing numbers to demand truth and justice in various of Central American migrants, particularly countries including Brazil, Bolivia, El Salvador, unaccompanied children, to cross Mexico Guatemala, Haiti, Mexico, Paraguay, Peru en route for the USA. Migrants travelling and Uruguay. through Mexico continued to face killings, abduction and extortion by criminal gangs, PRISON CONDITIONS often operating in collusion with public As incarceration rates have soared across officials, as well as ill-treatment by the the region over the past two decades, human Mexican authorities. Women and children rights groups have documented how Latin were at particular risk of sexual violence and American jails have become nightmarish people trafficking. The vast majority of these places where serving time is a battle to violations are never investigated and the survive. Tens of thousands of people were perpetrators remain at large. Deportations held in pre-trial detention for long periods increased and administrative detention because of delays in criminal justice systems. pending deportation continued to be In most countries in Latin America and the the norm. Caribbean, prisons were grossly overcrowded, Between October 2013 and July 2014, violent and sometimes lacked even the 52,193 unaccompanied migrant children most basic services. Lack of food and clean were apprehended in the USA, nearly twice drinking water, unhygienic conditions, lack as many as during the previous 12-month of medical care and the failure to provide period. The US government estimated transport for prisoners to attend their hearings that the total number of apprehended so that their cases could progress through the unaccompanied children could exceed courts were reported in many countries in the 90,000 by the end of November 2014 in Americas region, as were attacks, including border states such as Texas, Arizona and killings between inmates. Despite the fact California. Many of these children were that several of the region’s current leaders fleeing insecurity and poverty in their home themselves spent time behind bars, prison countries. In addition, the unprecedented conditions failed to move up the political levels of gang-related violence and organized agenda to any significant degree. crime in countries such as El Salvador, Across the USA, tens of thousands of Guatemala, Honduras and Nicaragua spurred prisoners remained in isolation in state and thousands of unaccompanied minors to federal prisons, confined to their cells for migrate to the USA. between 22 and 24 hours a day in conditions Discrimination against migrants and their of stark social and environmental deprivation. descendants was pervasive, with states Governments failed to take steps to showing little political willingness to address address the urgent need for fully resourced the causes of such entrenched exclusion. In plans to tackle these serious concerns. Very September 2013, the Dominican Republic’s little progress was made in ensuring that Constitutional Court issued a widely criticized prison facilities complied with international judgment which had the effect of retroactively human rights standards and that prisoners’ and arbitrarily depriving Dominicans of foreign descent born between 1929 and 2010 of

18 Amnesty International Report 2014/15 their Dominican nationality; the vast majority affecting them, including extractive industry of those affected were of Haitian descent. projects, continued to be undermined, This sparked an outcry at the national and despite the fact that all states in the region international levels, including from the Haitian have endorsed the 2007 UN Declaration on authorities. the Rights of Indigenous Peoples. Ángel Colón, a member of the Afro- The failure to respect the rights of descendant Garífuna community in Indigenous Peoples had a negative impact Honduras, was released unconditionally in on their livelihoods and also resulted in October 2014 after spending five years in communities being threatened, harassed, a Mexican prison. He had been arrested in forcibly evicted or displaced, attacked 2009 by police in Tijuana as he was travelling or killed as the drive to exploit resources between Honduras and the USA. Police intensified in the areas where they live. Their beat him, forced him to walk on his knees, rights to oppose and demand their free kicked and punched him in the stomach prior and informed consent continued to and put a plastic bag over his head to be met with intimidation, attacks, excessive provoke near asphyxiation. He was stripped use of force, arbitrary detention and the and forced to lick clean the shoes of other discriminatory use of judicial systems. For detainees and perform humiliating acts. example, in July, the Inter-American Court Amnesty International considered him to be of Human Rights ruled that the convictions a prisoner of conscience detained, tortured of eight Mapuche in Chile were based on and prosecuted because of discrimination discriminatory stereotypes and prejudice. based on his ethnic origin and his status as Indigenous women continued to an undocumented migrant. experience disproportionate levels of violence and discrimination. In May, the INDIGENOUS PEOPLES’ RIGHTS Royal Canadian Mounted Police admitted After more than 20 years of fighting for their that 1,017 Indigenous women and girls had traditional land, in June an expropriation been murdered between 1980 and 2012, law was passed to return land to the a homicide rate at least four times higher Sawhoyamaxa Indigenous community in than that faced by women in the rest of the Paraguay. However, Indigenous Peoples in population. In January 2014, the Public the region continued to encounter social, Prosecutor’s Office in Lima, Peru, closed political and economic threats to their the cases of over 2,000 Indigenous and collective well-being and their very existence. campesino women who were sterilized in Their cultural heritage, ancestral lands the 1990s without their full and informed and right to self-determination were under consent. The 2,000 cases represented only constant attack. Both state and non-state a small proportion of a total of more than actors, such as businesses and powerful 200,000 women who were sterilized in the landowners, continued to forcibly remove 1990s. None of the government officials them from their lands in the name of social responsible for implementing the programme and economic development. Development that resulted in these forced sterilizations has programmes often resulted in environmental been brought to justice. and cultural destruction and community displacement. Those living in voluntary HUMAN RIGHTS DEFENDERS AT RISK isolation were at even greater risk, particularly Human rights defenders continued to face in the Amazon Basin. attacks and abuses in reprisal for their The right of Indigenous Peoples to legitimate human rights work in many meaningful consultation and free, prior and countries including Brazil, Colombia, informed consent over development projects Cuba, the Dominican Republic, Ecuador,

Amnesty International Report 2014/15 19 Guatemala, Haiti, Honduras, Mexico, Peru to address the issue. The failure to bring to and Venezuela. Defenders faced a range justice those responsible for these crimes of abuses including attacks on their life further entrenched impunity for gender- and physical integrity and on their rights based violence and helped foster a climate to freedom of expression, association and where violence against women and girls assembly. They were also vilified in the was tolerated. press and by government officials and were In August 2013, states in the region victims of the misuse of the justice system appeared to be moving forward when in an effort to criminalize those who defend they reached a historic agreement in human rights. Very worryingly, in some Montevideo, Uruguay, acknowledging that the countries, such as Colombia and Guatemala, criminalization of abortion causes increased local human rights organizations reported an maternal mortality and morbidity and does increase in attacks against defenders. The not reduce the number of . In perpetrators of these abuses were almost December, abortion was decriminalized in the never brought to justice. Dominican Republic. Defenders fighting against impunity, those However, at the end of 2014, women’s working on women’s rights and those focusing and girls’ sexual and on human rights issues related to land, continued to be violated with appalling territory and natural resources remained at consequences for their lives and health. In particular risk. Chile, El Salvador, Haiti, Honduras, Nicaragua Even in countries where mechanisms to and Suriname, a total ban on abortion in protect human rights defenders at risk have all circumstances, including for girls and been established, such as Brazil, Colombia women pregnant as a result of rape or who and Mexico, in many cases protection experience life-threatening complications in measures were not granted or were not their pregnancies, remained in place. Those granted effectively and promptly. This seeking or providing an abortion risked was due in particular to a lack of political lengthy imprisonment. will and of resources to ensure effective On taking office in March 2014, President implementation. In addition, there were Michele Bachelet promised that one of concerns that a differentiated approach to her priorities would be to reverse the total protection measures that included a gender ban on abortion in Chile. In El Salvador, perspective had not been put in place. the future continued to look still bleak. At With courage, dignity and tenacity human least 129 women have been incarcerated rights defenders throughout the region on pregnancy-related grounds in the past continued to fight for the realization of human decade. Seventeen of these women were rights for all, despite the very unsafe and awaiting the outcome of a request for a state hostile environment they faced. pardon at the end of the year. They were serving prison sentences of up to 40 years RIGHTS OF WOMEN AND GIRLS for aggravated homicide, having initially been States in the region failed to put protecting charged with having an abortion. women and girls from rape, threats and In most countries where access to abortion killings at the forefront of their political services was granted in law in certain agendas. Slow and patchy implementation circumstances, protracted judicial procedures of legislation to combat gender-based made access to safe abortion almost violence remained a serious concern impossible, especially for those who could and the lack of resources available to not afford to pay for private abortion services. investigate and prosecute these crimes Restricted access to contraception and raised questions about official willingness information on sexual and reproductive issues

20 Amnesty International Report 2014/15 remained a concern, particularly for the most end to the region’s longest-running internal marginalized women and girls in the region. armed conflict. But all sides continued to In some countries, the decriminalization commit human rights violations and abuses of abortion in cases of rape was gradually and violations of international humanitarian becoming a reality. In Bolivia, the law, principally against Indigenous, Afro- Constitutional Court ruled in February that descendant and campesino communities, the request for judicial authorization for human rights defenders and trade unionists. an abortion that is the result of rape was The government continued to promote unconstitutional. And in Peru Congress legislation to broaden the scope of military was discussing a draft bill to decriminalize jurisdiction and make it easier for military abortion if the pregnancy is the result of rape courts to be assigned cases in which at the end of the year. However, in Ecuador members of the security forces are implicated a similar attempt was blocked by President in human rights violations. This threatened to Rafael Correa in 2013. reverse the little progress that civilian courts Most countries in the region have passed had made to uphold the right of victims to laws to combat violence against women truth and justice. and girls in the private and public sphere. However, effective and fully resourced COUNTER-TERROR AND SECURITY mechanisms to protect women and girls from President acknowledged violence were largely absent, especially in that the USA used torture in its response to marginalized and poor communities. the 11 September 2001 terrorist attacks on Increasing rates of violence against the USA (9/11), but he remained silent on women have been reported across the accountability and redress. By the end of region. The Inter-American Court of Human 2014, 127 men were held at the US detention Rights and the Inter-American Commission facility at Guantánamo, Cuba. The majority on Human Rights expressed concern at were held without charge or trial, while six the levels of violence against women and were still facing trial by military commission impunity, concluding that underlying societal and a government seeking the death penalty beliefs about the inferiority of women have under a system falling short of international created a culture of discrimination within fair trial standards. law enforcement and judicial institutions, In late 2012, the US Senate Select resulting in negligent investigations and a lack Committee on Intelligence (SSCI) completed of sanctions against perpetrators. a review it had begun in 2009 into the secret detention and interrogation programme ARMED CONFLICT operated by the Central Intelligence Agency The failure to stem the human rights (CIA) after 9/11. On 3 April 2014, the SSCI consequences of the Colombian armed voted 11 to three to submit for declassification conflict, coupled with the failure to bring the summary of the report and its 20 findings to justice the majority of those suspected and conclusions. The summary was finally of criminal responsibility in such crimes, released on 9 December, providing more threatened to undermine the long-term damning detail of the human rights violations viability of any eventual peace agreement. that were carried out in the programme, Peace talks held in Cuba between the operated under presidential authority. The Colombian government and the Revolutionary full report remained classified and out Armed Forces of Colombia (Fuerzas Armadas of public view, held, according to SSCI Revolucionarias de Colombia, FARC) made Chairperson Senator Dianne Feinstein, “for progress. The negotiations offered the best declassification at a later time”. Although chance in over a decade to put a definitive there has for years been much information in

Amnesty International Report 2014/15 21 the public domain about the CIA programme, no one has yet been brought to justice for the human rights violations, including the crimes under international law of torture and enforced disappearance, carried out under that programme.

DEATH PENALTY The USA was the only country in the region that carried out executions. However, here too momentum against the application of the death penalty continued to grow with the announcement in February that the Governor of Washington State would not allow executions there while he held that office. This followed Maryland’s abolition of the death penalty in 2013, bringing to 18 the number of abolitionist states. There were also strong indications that no executions would occur in Colorado under its current governor. In the Caribbean several Greater Caribbean states reported empty death rows for the first time since 1980.

22 Amnesty International Report 2014/15 At the end of the year these concerns were ASIA-PACIFIC recognized in the UN General Assembly and discussed in the Security Council. REGIONAL Refugees and asylum-seekers continued to face significant hardship. Several countries, OVERVIEW such as Malaysia and Australia, violated the international prohibition of refoulement The Asia-Pacific region covers half the globe by forcibly returning refugees and asylum- and contains more than half its population, seekers to countries where they faced serious much of it young. For years, the region has human rights violations. grown in political and economic strength The death penalty continued to be and is rapidly changing the orientation of imposed in several countries in the region. In global power and wealth. China and the USA December, the Pakistani Taliban-led attack on tussle for influence. Dynamics among large Army Public School in Peshawar resulted in powers in the region, such as between India 149 deaths, including 132 children, making and China and the Association of Southeast it the deadliest terrorist attack in Pakistan’s Asian Nations (ASEAN), were also significant. history. In response, the government lifted a Trends in human rights must be read against moratorium and swiftly executed seven men this background. previously convicted for other terror-related Despite some positive developments offences. The Prime Minister announced in 2014, including elections of some plans for military courts to try terror suspects, governments that have promised adding to concerns over fair trials. improvements in human rights, the overall Homosexuality remained criminalized in trend was regressive due to impunity, several countries in the region. In India, the continuing unequal treatment of and violence Supreme Court granted legal recognition to against women, ongoing torture and further transgender people and in Malaysia the Court use of the death penalty, crackdowns of Appeal ruled that a law making cross- on freedom of expression and assembly, dressing illegal was inconsistent with the pressure on civil society and threats against Constitution. However, cases of harassment human rights defenders and media workers. and violence against transgender people There were worrying signs of rising religious continued to be reported. and ethnic intolerance and discrimination An increase in activism by younger with authorities either being complicit or populations, connected by more affordable failing to take action to combat it. Armed communications technologies, was positive. conflict in parts of the region continued, However, in the face of this group claiming particularly in Afghanistan, the Federally their rights, authorities in many countries Administered Tribal Areas (FATA) in Pakistan, resorted to putting restrictions on freedom and in Myanmar and Thailand. of expression, association and peaceful The UN released a comprehensive assembly and attempted to undermine report on the human rights situation in the civil society. Democratic People’s Republic of Korea (North Korea), which gave details on the INCREASE IN ACTIVISM systematic violation of almost the entire range Younger populations, connected by affordable of human rights. Hundreds of thousands of communication technologies and utilizing people continued to be detained in prison social media, claimed their rights as 2014 camps and other detention facilities, many of saw an increase in activism in the region, with them without being charged or tried for any women often at the forefront. internationally recognizable criminal offence.

Amnesty International Report 2014/15 23 Elections provided the space for people to activists called the New Citizens’ Movement air their grievances and demand changes. were sentenced to between two and six and In Indonesia’s July elections, Joko Widodo a half years’ imprisonment. Human rights was swept into power after making campaign defender Cao Shunli died in a hospital in promises to improve human rights. In Fiji, March after being denied adequate medical peaceful elections in September – the first treatment in detention. since the 2006 military coup – saw vigorous In North Korea, there appeared to be debate by society and the media, despite no independent civil society organizations, ongoing restrictions on freedom of expression. newspapers or political parties. North Koreans By the end of 2014, a year after elections and were liable to be searched by the authorities mass demonstrations in Cambodia, peaceful and could be punished for reading, watching protests in the capital, Phnom Penh, had or listening to foreign media materials. become an almost daily occurrence. Military and security forces used excessive Activists and human rights defenders force to further repress dissent. In response increasingly came together to hold to peaceful protests in Cambodia, security governments to account. In Myanmar in forces used excessive force including live February members of the Michaungkan ammunition against protesters, shooting community resumed a sit-in protest close to dead protesting garment workers in January. Yangon’s City Hall after the authorities failed Housing rights activists were jailed for to resolve their land dispute case. peacefully protesting. The May coup in More human rights activists looked Thailand and imposition of martial law saw to the international arena for support. many people detained arbitrarily, political Vietnamese authorities allowed Amnesty gatherings of more than five people banned International to visit the country for the and the trial of civilians in military courts with first time in more than 20 years. Although no right of appeal. Legislation was also used several new groups were formed and activists to restrict freedom of expression. increasingly exercised their right to freedom In Malaysia the authorities began using of expression, they continued to face harsh colonial-era sedition legislation to investigate, and punishments. Despite the charge and imprison human rights defenders, early release of six in April and opposition politicians, a journalist, academics June, at least 60 prisoners of conscience and students. Media outlets and publishing remained imprisoned. houses faced sweeping restrictions under In Hong Kong, thousands of protesters, legislation requiring that licences be obtained predominantly led by students, took to the for print publications, which could be streets from September to call for universal arbitrarily revoked by the Minister of Home suffrage. More than 100 activists were Affairs. Independent media outlets faced subsequently detained in mainland China for difficulty in obtaining licences. their support of the Hong Kong protesters, In Indonesia, cases continued to be and at the end of the year 31 remained documented of the arrest and detention of in detention. peaceful political activists, particularly in areas with a history of pro-independence REPRESSION OF DISSENT movements such as Papua and . In the face of increasing activism, authorities Freedoms of expression and peaceful in many countries resorted to putting assembly remained severely restricted in restrictions on freedoms of expression and Myanmar, with scores of human rights peaceful assembly. The crackdown on rights defenders, journalists, political activists and activism intensified during the year in China. farmers arrested or imprisoned solely for the Individuals associated with a loose network of peaceful exercise of their rights.

24 Amnesty International Report 2014/15 Human rights defenders have consistently TORTURE AND OTHER ILL-TREATMENT faced heavy pressure from some Torture and other ill-treatment continued governments. In Sri Lanka, a memorandum to be committed by governments in issued by the Ministry of Defence warned several countries. all NGOs to stop holding media events and Torture by police was seldom investigated not to disseminate press releases. This or punished in the Philippines. Despite contributed to the already prevalent climate the ratification of the two key international of fear and repression, with journalists and treaties against torture, severe beatings as human rights defenders continuing to face well as methods such as electric shocks and physical attacks, death threats and politically waterboarding continued to be employed motivated charges. by officers who torture mostly for extortion Trade unions are also facing increasing and to extract confessions. In December, restrictions. In the Republic of Korea (South Amnesty International reported in Above the Korea), Kim Jung-woo, a trade union leader, Law: Police Torture in the Philippines that was sentenced to imprisonment after he tried a pervasive culture of impunity is allowing to prevent municipal government officials torture by police to go unchecked. from dismantling sit-in tents and a China consolidated its position as a major altar at a protest. He is at risk of being given manufacturer and exporter of a growing range a heavier sentence at the High Court after an of law enforcement equipment, including appeal by the prosecution. There have also items with no legitimate policing function been attempts by the authorities to deregister such as electric shock stun batons and some of the major unions, and lawsuits have weighted leg cuffs, as well as equipment that been filed against them. could be used legitimately in law enforcement Politically motivated attacks against but is easy to abuse, such as tear gas. journalists were a worrying trend. In Pakistan, Torture and other ill-treatment remained at least eight journalists were killed in direct widespread in China. In March, four lawyers response to their work, making the country who were investigating torture reports in one of the most dangerous for the media a Legal Education Centre in Jiansanjiang, profession. In Afghanistan, there was an Heilongjiang Province, were themselves then increasing number of journalists killed – those arbitrarily detained and tortured. One lawyer covering the election were particularly at reported he was hooded, handcuffed behind risk. In Maldives, several journalists came his back and suspended by his wrists, while under attack from non-state actors who have police beat him. gone unpunished. In North Korea, hundreds of thousands of There has also been evidence of narrowing people remained detained in political prison down media space. In Sri Lanka, intimidation camps and other detention facilities, where continued, including temporarily closing down they were subject to gross human rights Uthayan newspaper. In Bangladesh, bloggers violations such as extrajudicial executions and and human rights defenders were arrested torture and other ill-treatment. and faced trial and imprisonment. Pakistan Accountability mechanisms remained has seen suspensions of TV channels. inadequate to deal with allegations of torture, Chinese state censors attempted to ban often leaving victims and their families without photos and block any positive mentions online access to justice and other effective remedies. of the pro-democracy protests, while allowing In Afghanistan, allegations of human rights TV and newspapers to run only government- violations by National Directorate of Security approved news. (NDS) personnel continued, including torture and enforced disappearances. In Sri Lanka,

Amnesty International Report 2014/15 25 torture and other ill-treatment of detainees Thailand, armed violence continued in the remained widespread. three southern provinces of Pattani, Yala, Prolonged pre-trial detention and Narathiwat and parts of Songkhla. Security overcrowding in prisons remained a serious forces were implicated in unlawful killings and concern in India. Indiscriminate arrests, torture and other ill-treatment, while attacks slow investigations and prosecutions, weak targeting civilians were believed to have been legal aid systems and inadequate safeguards carried out by armed groups through the year, contributed to the problem. The Supreme including the bombing of public places. Court directed district judges to immediately identify and release all pre-trial detainees who IMPUNITY had been in prison for over half of the term A common theme was ongoing impunity they would have faced if convicted. for past and recent human rights violations In Japan, the daiyo kangoku system, which including in the context of armed conflict. In allows police to detain suspects for up to 23 India, state authorities often failed to prevent days prior to charge, continued to facilitate and also committed crimes against Indian torture and other ill-treatment in order to nationals. Arbitrary arrest and detention, extract confessions during interrogation. No torture and extrajudicial executions often steps were taken to abolish or reform the went unpunished. The overburdened criminal system to bring it into line with international justice system contributed to justice being standards. Torture and other ill-treatment of denied to those who suffered abuses, and to prisoners while in military detention, as well violations of the right to a fair trial. Violence by as by police, were reported in Thailand. armed groups put civilians at risk. There have been some convictions and ARMED CONFLICT arrests for past crimes. The Extraordinary In Afghanistan, the 13-year NATO mission Chambers in the Courts of Cambodia (the reached its conclusion although a continued Khmer Rouge Tribunal) convicted Nuon presence of international forces was agreed. Chea, the former second in command of the Abuses by armed groups continued on a Khmer Rouge regime, and Khieu Samphan, significant scale, with attacks at an all-time the regime’s former head of state, of crimes high in the first half of 2014. Pakistan also against humanity and sentenced them to continued to see internal armed conflict life imprisonment. In the Philippines, retired in FATA, with the army launching a major Major General Jovito Palparan was arrested in operation in North Waziristan in June. US August. He faced charges of abduction and drone strikes resumed. The most devastating illegal detention of university students. attack in the country’s history occurred in Victims of past human rights violations and December when several militants from the abuses continued to demand justice, truth Pakistani Taliban attacked Army Public and reparation for crimes under international School in Peshawar where 149 people were law which occurred under the rule of former killed, including 132 children, and dozens President (1965-1998) and during injured in firing which targeted children and the subsequent reformasi period in Indonesia. teachers and in suicide bombings. No progress was reported on numerous cases The armed conflict in Myanmar’s Kachin of alleged gross violations of human rights and Northern Shan states continued into its that were submitted by the National Human fourth year, with violations of international Rights Commission (Komnas HAM) to the humanitarian and human rights law reported Attorney General’s Office after a preliminary on both sides, including unlawful killings pro-justicia inquiry was conducted. and torture and other ill-treatment, including In Sri Lanka, the UN Human Rights rape and other crimes of sexual violence. In Council established an international inquiry

26 Amnesty International Report 2014/15 into reports of war crimes committed or mid-size cities. Access to benefits and during the civil war. Government officials services, including education and health and supporters threatened human rights care, continued to be linked to hukou status, defenders not to have contact with the which remained a basis for discrimination. investigators or to contribute to the inquiry. The hukou system forced many internal In April in Nepal, the parliament passed the migrants to leave their children behind in the Truth and Reconciliation Commission (TRC) countryside. Act, establishing two commissions, a TRC and Migrant workers continued to face abuse a Commission on Enforced Disappearances, and discrimination. In Hong Kong a high- with the power to recommend amnesties, profile trial began involving three women including for serious human rights violations. Indonesian migrant domestic workers. This was despite a Supreme Court ruling in Their former employer faced 21 charges January that a similar 2013 TRC ordinance including causing grievous bodily harm with with the power to recommend amnesties intent and failure to pay wages. In October, contravened international human rights Amnesty International published a report law and the spirit of the 2007 Interim based on interviews with migrant agricultural Constitution. workers across , who under the Employment Permit System (EPS) endured PEOPLE ON THE MOVE excessive working hours, underpayment, Several countries violated the international denial of their weekly paid rest day and prohibition of refoulement by forcibly annual leave, illegal subcontracting and returning refugees and asylum-seekers to poor living conditions. Many were also countries where they faced serious human discriminated against at work due to their rights violations. In Malaysia in May, the nationality. authorities forcibly returned two refugees Australia’s hard-line approach to asylum- and one asylum-seeker who were under seekers continued, with those arriving by boat the protection of UNHCR, the UN refugee either sent back to their country of departure, agency, to Sri Lanka where they were at risk transferred to offshore immigration detention of torture. Sri Lanka detained and forcefully centres on Papua New Guinea’s Manus deported asylum-seekers without adequately Island or Nauru, or detained in Australia. assessing their asylum claims. Afghans continued to account for a RISING RELIGIOUS AND very high number of refugees according to ETHNIC INTOLERANCE UNHCR. Neighbouring Iran and Pakistan There were signs in 2014 of rising religious hosted 2.7 million registered Afghan refugees. and ethnic intolerance and discrimination In March, UNHCR documented 659,961 and authorities either being complicit or Afghans who were internally displaced due failing to take action to combat it. In Pakistan to armed conflict, deterioration of security blasphemy laws continued to be linked to and natural disasters. There were concerns vigilante violence. Police were warned of that displacement could increase following some impending attacks on “blasphemy” the security transition scheduled for the end suspects but failed to take adequate of 2014 as local insurgents fought to occupy measures to protect them. Blasphemy territory previously under the control of laws also contributed to an atmosphere international forces. of intolerance in Indonesia. In November Internal migrants also faced discrimination. Amnesty International recommended repeal In China, changes to the household of Indonesia’s blasphemy law and called for registration system known as hukou made all those imprisoned under it to be released it easier for rural residents to move to small immediately.

Amnesty International Report 2014/15 27 Violent attacks on grounds of religious and DISCRIMINATION ethnic identity continued on a significant People in many countries continued to face scale. The failure of governments to address discrimination, particularly where authorities rising religious and ethnic intolerance was failed to take adequate measures to protect evident. The Myanmar and Sri Lankan them and their communities. governments failed to address ongoing Discrimination, including on the basis incitement to violence based on national, of gender, caste, class, ethnic origin and racial and religious hatred by Buddhist religion, persisted in Nepal. Victims were nationalist groups despite violent incidents. subject to exclusion, torture and other ill- The government of Myanmar also failed treatment, including sexual violence. Women to allow equal access to full citizenship to from marginalized groups, including Dalits Rohingyas. In Pakistan, Shi’a Muslims were and impoverished women, continued to killed in attacks by armed groups; Ahmadis face particular hardship because of multiple and Christians were also targeted. Sri Lanka forms of discrimination. In India, Dalit women also saw violence against Muslims and and girls continued to face multiple levels Christians carried out by armed groups, of caste-based discrimination and violence. and police failed to protect them or to Self-appointed village councils issued illegal investigate incidents. decrees ordering punishments against women Ethnic Tibetans continued to face for perceived social transgressions. discrimination and restrictions on their The Japanese government failed to speak rights to freedoms of thought, conscience out against discriminatory rhetoric, or curb and religion, expression, association and the use of racially pejorative terms and peaceful assembly in China. Tibetan harassment against ethnic Koreans and their demonstrators were reportedly shot by police descendants, who are commonly referred and security forces in Kardze (Chinese: to as Zainichi (literally “residing in Japan”). Ganzi), Sichuan Province, where a crowd had In December the Supreme Court ruled to gathered to protest against the detention of ban the group Zainichi Tokken wo Yurusanai a village leader. Uighurs faced widespread Shimin no Kai from using racially pejorative discrimination in employment, education terms against Koreans, while holding public and housing, and faced curtailed religious demonstrations near an ethnic Korean freedom, as well as political marginalization. elementary school. Some government authorities used religion Discrimination against ethnic, linguistic as a justification for ongoing discrimination. and religious minorities, including members In Malaysia the Federal Court rejected an of Tamil, Muslim and Christian communities, appeal seeking to overturn a ban preventing continued in Sri Lanka. Minorities were a Christian newspaper from using the word singled out for arbitrary restrictions on “” in its publications. The authorities freedom of expression and association. claimed that the use of the word in non- Muslim literature was confusing and could SEXUAL AND REPRODUCTIVE RIGHTS cause Muslims to convert. The ban led to Progress towards respect, protection and intimidation and harassment of Christians. fulfilment of sexual and reproductive rights is India marked the 30th anniversary of the still needed in many countries of the region. massacre of Sikhs in 1984 amid ongoing In April, the Philippine Supreme Court impunity for this and other large-scale attacks upheld the Reproductive Health Law, which against religious minorities. paves the way for government funding for modern contraceptive methods and seeks to introduce reproductive health and sexuality education in schools. However, the

28 Amnesty International Report 2014/15 Philippines still has one of the most restrictive several laws which barred family members of abortion laws in the world, criminalizing both victims and perpetrators of crimes from abortion on all grounds with no exceptions. testifying. Since most gender-based violence In Indonesia, legislation was passed in July was reported as happening within the family, restricting to 40 days the time period for this made successful prosecutions in cases rape survivors to access legal abortion. It was of forced and child marriage and domestic feared that this shortened timeframe would violence nearly impossible. prevent many rape survivors from being able In Japan the results were made public to access safe abortion provisions. of a government-appointed study which Government efforts to eradicate gender re-examined the drafting process of the Kono discrimination against women and girls Statement (a government apology made two continued to be ineffective in reducing decades earlier to the survivors of the military women’s risk of uterine prolapse in Nepal, sexual slavery system before and during where Amnesty International Secretary World War II). Several high-profile public General Salil Shetty launched the “My Body figures made statements to deny or justify the My Rights” campaign among women affected system. The government continued to refuse by the issue in rural communities. to officially use the term “sexual slavery”, and to deny effective reparation to its survivors. VIOLENCE AGAINST WOMEN There were further reports of women Women across the region continued to face and children being subjected to violence, violence, including when seeking to exercise sometimes resulting in death, following their rights. In Pakistan, for example, a accusations of sorcery in Papua New Guinea. (traditional decision-making body) of The UN Special Rapporteur on extrajudicial, Uthmanzai tribal chiefs from North Waziristan summary or arbitrary executions highlighted tribal agency threatened women with violence sorcery-related killings as a major concern. for seeking access to humanitarian assistance in displaced persons camps. DEATH PENALTY In India, the authorities did not effectively The death penalty was retained by several implement new laws on crimes against countries in the region; China continued its women that were enacted in 2013, or extensive use of the death penalty. undertake meaningful reforms to ensure that Executions continued in Japan. In March they were enforced. Rape within marriage was a court ordered a retrial and the immediate still not recognized as a crime if the wife was release of Hakamada Iwao. Hakamada Iwao over 15 years of age. had been sentenced to death in 1968 after an Children were forced to marry in several unfair trial on the basis of a , countries in the region. So-called “honour” and was the longest-serving death row inmate killings were reported in both Afghanistan and in the world. Pakistan. In Afghanistan, the number of cases In Viet Nam, executions continued and reported under the law on the Elimination several individuals were sentenced to death of Violence against Women increased – for economic offences. although it was not clear whether this was National and international criticism had due to an increase in crimes or in reporting. some impact. In Malaysia, the executions of Crimes related to violence against women Chandran Paskaran and Osariakhi Ernest remained some of the most underreported Obayangbon were postponed. However, death crimes. The Afghanistan Independent Human sentences continued to be imposed and Rights Commission registered 4,154 cases reports indicated that executions were carried of violence against women for the first half of out in secret. 2014 alone. Authorities approved or amended

Amnesty International Report 2014/15 29 In January, the Indian Supreme Court ruled Chemical Company and Union Carbide failed that undue delay in the carrying out of death to respond to a criminal summons issued by a sentences amounted to torture, and that the Bhopal court. The Indian government is yet to execution of people suffering from mental clean up the contaminated factory site. illness would be unconstitutional. It also laid In Cambodia, conflicts over land and forced down guidelines for safeguarding the rights of evictions continued. This led to increased people under sentence of death. protests and confrontations, often involving In December, in the wake of the Pakistani local authorities and private companies. In Taliban attack on a school in Peshawar, October a group of international law experts Pakistan lifted a moratorium on executions provided information to the ICC alleging on and began executing prisoners convicted of behalf of 10 victims that “widespread and terrorism-related charges. It was reported systematic” land grabbing by the Cambodian that more than 500 people are at risk of government was a crime against humanity. being executed. Afghanistan continued to apply the death RIGHTS OF LESBIAN, GAY, BISEXUAL, penalty, often after unfair trials. In October, six TRANSGENDER AND INTERSEX PEOPLE men were executed in Kabul’s Pul-e-Charkhi Homosexuality remained criminalized in prison. The trial proceedings of at least five several countries in the region. On a positive of the men in connection with a gang rape note, in April in India, the Supreme Court were considered unfair, marred by public and granted legal recognition to transgender political pressure on the courts to hand down people in a landmark judgment. It directed a tough sentence while the accused claimed authorities to recognize transgender to have confessed following torture by police persons’ self-identification as male, female in detention. or a “third gender” and put in place social welfare policies and quotas in education and CORPORATE ACCOUNTABILITY employment. However, cases of harassment Companies have a responsibility to respect and violence against transgender people human rights. However, in several countries continued to be reported. in the Asia-Pacific region that respect was In a landmark decision in Malaysia in not evident. Thousands of people remained November, the Court of Appeal ruled that a at risk of being forcibly evicted from their Negri Sembilan Shari’a law making cross- homes and lands for large infrastructure and dressing illegal was inconsistent with the commercial projects in India. Particularly Constitution. However, Amnesty International vulnerable were Adivasi (Indigenous) received reports about the arrest and communities living near new and expanding imprisonment of LGBTI people purely on the mines and dams. In Papua New Guinea, basis of their sexuality, and they continued to tensions escalated at the site of Porgera gold face discrimination. mine between the mining company and local In October, Singapore’s Supreme Court residents. In June, around 200 homes were upheld section 377A of the Penal Code which burned to the ground by police enforcing an criminalizes consensual same-sex relations eviction. Reports were received of physical between men. In Brunei, the new Penal and sexual violence by police during the Code imposed death by stoning as a possible forced eviction. punishment for conduct that should not be December marked the 30th anniversary of criminal, such as extramarital sexual relations the 1984 Bhopal gas leak disaster in India. and consensual sex between people of the Survivors continued to experience serious same gender, as well as for offences such as health problems linked to the leak and to theft and rape. continuing pollution from the factory site. Dow

30 Amnesty International Report 2014/15 In conclusion, the seismic geopolitical and economic shifts that are taking place in the Asia-Pacific region render it even more urgent that human rights safeguards are strengthened and lapses are redressed so that all people in the region can claim genuine citizenship without risk of sanction.

Amnesty International Report 2014/15 31 face of mounting evidence to the contrary. EUROPE AND Both sides were responsible for a range of international human rights and humanitarian CENTRAL ASIA law violations including indiscriminate shelling, which resulted in hundreds REGIONAL of civilian casualties. As law and order progressively broke down along the lines of OVERVIEW conflict and in rebel-held areas, abductions, executions and reports of torture and ill- 9 November 2014 marked the 25th treatment proliferated, both by rebel forces anniversary of the fall of the Wall, and pro-Kyiv volunteer battalions. Neither side the end of the Cold War and, according showed much inclination to investigate and to one commentator, “the end of history”. rein in such abuses. Celebrating the anniversary in Berlin, German The situation in Crimea deteriorated along Chancellor Angela Merkel declared “the fall of predictable lines. With its absorption into the Wall has shown us that dreams can come the Russian Federation, Russian laws and true” – and, for many in communist Europe, practices were employed to restrict freedoms indeed they did. But a quarter of a century of expression, assembly and association of later, the dream of greater freedom remained those opposed to the change. Pro-Ukrainian as distant as ever for millions more in the activists and were harassed, former , as the opportunity for detained and, in some cases, disappeared. change has been ripped from people’s hands In Kyiv, the huge task of introducing the by the new elites that emerged, seamlessly, reforms needed to strengthen the rule of from the old. law, eliminate abuses in the criminal justice 2014 was not another year of stalled system and combat endemic corruption was progress. It was a year of regression. If the delayed by Presidential and Parliamentary fall of the Berlin War marked the end of elections and the inevitable distractions of the history, the conflict in eastern Ukraine and conflict still raging in the east. Little progress the Russian annexation of Crimea clearly had been made in investigating the killings of signalled its resumption. Speaking on the EuroMaydan protesters by the end of the year. same day as Angela Merkel, former leader The rupturing of the geopolitical fault line of the Soviet Union put it in Ukraine had numerous consequences in bluntly: “The world is on the brink of a new Russia, simultaneously boosting President Cold War. Some are even saying that it’s Putin’s popularity and rendering the Kremlin already begun.” more wary of dissent. The breakdown in east- The dramatic events in Ukraine exposed west relations was reflected in the aggressive the dangers and difficulty of dreaming. Over promotion of anti-western and anti-Ukrainian 100 people were killed as the EuroMaydan in the mainstream media. At protest reached its bloody conclusion in the same time, the space to express and February. By the end of the year, over communicate dissenting views shrunk 4,000 more had died in the course of the markedly, as the Kremlin strengthened its grip fighting in eastern Ukraine, many of them on the media and the , clamped down civilians. Despite the signing of a ceasefire in on protest and harassed and demonized September, localized fighting continued and independent NGOs. there was little prospect of a rapid resolution Elsewhere in the former Soviet Union, the by the end of the year. Russia continued to hopes and ambitions unleashed by the fall deny that it was supporting the rebel forces of the Berlin Wall receded further. In Central with both troops and equipment, in the Asia, authoritarian governments remained

32 Amnesty International Report 2014/15 entrenched in Kazakhstan, and even more parties prompted a rise in populist parties so in Turkmenistan. Where they appeared at both ends of the political spectrum. to wobble slightly, as in Uzbekistan, it was The influence of nationalist, thinly-veiled more the result of in-fighting among the ruling xenophobic attitudes was particularly evident elite than in response to wider discontent, in increasingly restrictive migration policies, which continued to be suppressed. but it was also reflected in the growing Azerbaijan proved particularly aggressive in distrust of supra-national authority. The EU its repression of dissent; by the end of the itself was a particular target, but so too was year Amnesty International recognized a total the European Convention on Human Rights. of 23 prisoners of conscience in Azerbaijan, The UK and Switzerland led the charge, including bloggers, political activists, civil with ruling parties in both countries openly society leaders and human rights lawyers. attacking the European Court of Human Azerbaijan’s presidency of the Council of Rights and discussing withdrawal from the Europe in the first half of the year failed to Convention system. induce restraint. Indeed, more broadly in In short, at no time since the fall of the Azerbaijan, but also elsewhere in Central Berlin Wall had the integrity of, and support Asia, strategic interests consistently prevailed for, the international human rights framework over principled international criticism and in the Europe and Central Asia region engagement on widespread human rights appeared quite so brittle. violations. Even for Russia, international criticism of the growing clampdown on civil FREEDOMS OF EXPRESSION, and political rights remained strangely muted. ASSOCIATION AND ASSEMBLY If Russia remained the market leader Throughout the former Soviet Union, in popular, “democratic” authoritarianism, autocratic governments maintained or the trend was also observable elsewhere strengthened their grip on power. The in the region. In Turkey, Recep Erdoğan deterioration in the respect for the rights demonstrated his vote-winning powers to freedoms of expression, assembly and once again by comfortably winning the association in Russia since the return of Presidential elections in August, despite a Vladimir Putin to the presidency accelerated. series of high-profile corruption scandals Penalties, including greater criminal liability implicating him and his family directly. His for violations of the law on demonstrations, response to these, as it had been to the Gezi were increased. Small-scale spontaneous protests the year before, was unflinching: protests were routinely dispersed, however hundreds of prosecutors, police officers and peaceful, with hundreds arrested and fined judges suspected of being loyal to one- or sentenced to short periods of detention, time ally Fetullah Gülen were transferred to during the course of the year. A few larger other posts. The blurring of the separation planned protests, such as the anti-war of powers in Hungary continued after the protests in March and September, were re-election of the ruling Fidesz party in April allowed to proceed. Independent critical and, in moves that echoed developments NGOs were consistently portrayed in the further east, critical NGOs were attacked for media and by leading politicians as a fifth supposedly acting in the interests of foreign column acting in the pay and interests of governments. By the end of the year, a nefarious foreign powers. Discredited by number of NGOs faced the threat of criminal media smear campaigns, dozens of NGOs prosecution for alleged financial irregularities. were also distracted by judicial proceedings, Across the European Union (EU), challenging the requirement to register entrenched economic difficulties and the themselves under the politically toxic label dwindling confidence in mainstream political

Amnesty International Report 2014/15 33 “foreign agents”; five dissolved themselves as abolish the right to establish unregistered a result. associations and noises were made in In Belarus, the highly restrictive law on Parliament about the introduction of a demonstrations continued to be applied “foreign agents” law akin to that in Russia. in a way that effectively prohibited public In Kazakhstan, the new Criminal Code protest. The few who attempted it endured introduced a number of offences that could brief periods of detention for their pains. be used to restrict the legitimate activities of In the lead-up to the Ice Hockey World NGOs, and the government likewise began Championship in May, 16 civil society to consider tighter restrictions on the foreign activists were arrested and sentenced to funding of NGOs. Public protests took place, between five and 25 days’ administrative but participants risked fines and detention. detention. Eight were arbitrarily arrested The freedom of the media shrank and in connection with a peaceful march the internet was subjected to ever greater commemorating the Chernobyl nuclear restrictions; social networks and blogs were disaster. They were charged with “petty often restricted and internet-based resources hooliganism” and “disobeying police orders”. blocked by court decisions taken in closed Eight others, all known for their political proceedings. activism, were detained in the days before the In Turkey, the ruling AK Party strengthened march under similar charges. its influence over the media, mostly through Civil society and political activists were the exploitation of public – and private – particularly targeted in Azerbaijan. Ten business ties. Critical independent journalists leading human rights organizations were continued to be fired by nervous editors forced to shut down or cease their activities or displeased owners and self-censorship and at least six prominent human rights remained rife. Freedom of peaceful assembly, defenders were imprisoned on spurious brutally supressed in 2013 during the charges related to their work. Bloggers Gezi protests, continued to be violated by and opposition youth leaders were typically restrictive legislation on demonstrations and charged with drug-related offences. the violent dispersal of peaceful protesters, Independent journalists continued to face whenever they threatened to congregate in harassment, violence and trumped-up large numbers or on particularly sensitive criminal charges. topics. In December, several journalists were The situation in Central Asia showed detained under sweeping anti-terror laws for no signs of improvement. There were still reporting on corruption allegations. no genuinely independent media outlets, NGOs or political parties in Turkmenistan REFUGEES' AND MIGRANTS’ RIGHTS despite nominal legislative reforms in recent The number of displaced people across the years supposedly designed to facilitate their globe topped 50 million for the first time emergence. Internet access and freedom of since the end of the Second World War. The expression online continued to be severely response of the EU and its member states restricted. In Uzbekistan, a few hardy human was, with few exceptions, driven above all rights activists continued to operate, but by the desire to keep them out. This was were forced to do so under the radar and at shockingly obvious in the EU’s response considerable personal risk. In both countries, to the Syrian refugee crisis. By the end protest remained virtually impossible. In of the year, only around 150,000 of the Kyrgyzstan civil society activists operated approximately 4 million Syrian refugees were in a far freer environment, but continued to living in the EU – roughly the same number report harassment. Even here, however, the as arrived in Turkey in a single week following government proposed legislation that would the advance of the Islamic State on Kobani.

34 Amnesty International Report 2014/15 EU countries pledged to take in only 36,300 full, often to bursting. Irregular migrants of the approximately 380,000 Syrian refugees and asylum-seekers, including families and identified by UNHCR, the UN refugee agency, children, continued to be detained in large as in need of resettlement. Germany offered numbers, often for lengthy periods and 20,000 resettlement places. The UK, France, occasionally in appalling conditions. Italy, Spain and Poland, with a combined population of 275 million people, offered just TORTURE AND OTHER ILL-TREATMENT over 2,000 places, amounting to 0.001% of The publication in December of the US their populations. Senate Select Committee on Intelligence’s In the absence of safe legal routes for report on the Central Intelligence Agency refugees and migrants to reach to Europe, (CIA) detention programme exposed not just and in the face of the EU’s determination the shocking details of the abuses involved, to seal its land borders, record numbers but also the full extent of the complicity of attempted to reach Europe by sea – and European countries. Several hosted secret record numbers drowned. By the end of the detention sites (Poland, Lithuania and year UNHCR estimated that 3,400 refugees Romania) or otherwise assisted the US and migrants had lost their lives in the government in the illegal transfer, enforced Mediterranean, making it the most dangerous disappearance, and torture and other ill- sea route for migrants in the world. treatment of dozens of detainees, including in For the first 10 months of the year, greater particular the UK, Sweden, Macedonia and casualty numbers at sea were avoided thanks Italy. In none of these countries was there to Italy’s unilateral and impressive search any significant progress in holding those and rescue operation, Mare Nostrum, which responsible to account. While there were rescued over 100,000 people – over half some positive developments in respect of of them refugees from countries including individual complaints brought by victims in Syria, Eritrea and Somalia. In the face of Poland, Lithuania and the UK (the European significant pressure from fellow EU member Court of Human Rights found in July that states, however, the operation was terminated the Polish government colluded with the CIA on 31 October. In its place, the EU offered to establish a secret prison in the country a collective substitute, Operation Triton, between 2002 and 2005), accountability co-ordinated by its border agency, Frontex, continued to be undermined by evasion, which was significantly reduced in scale, denial and delays. scope and mandate. In June, the Irish TV channel RTÉ Those who managed to scale or circumvent broadcast previously undisclosed evidence in the ever-higher, ever-longer fences along the possession of the UK government relating the EU’s external land borders risked being to five torture techniques used by British illegally pushed back by Spain, Greece security forces in Northern Ireland under and Bulgaria to Turkey and Morocco. At internment powers in 1971 and 1972. The the end of the year, the ruling party in techniques closely resembled those used by Spain tabled an amendment to the draft the CIA 30 years later. The European Court Law on Public Security that would legalize of Human Rights had previously ruled that summary expulsions to Morocco from Ceuta the techniques amounted to ill-treatment, and Melilla. Push-backs were increasingly not torture, in an inter-state case brought by supplemented by pull-backs, as the EU the Irish government. In December, the Irish sought to strengthen its border control Government announced that it would seek management with these countries. a revision of the European Court of Human Immigration detention centres – the Rights’ ruling. dungeons of Fortress Europe – remained

Amnesty International Report 2014/15 35 Torture and other ill-treatment remained over 20 remained undisclosed at the end of pervasive throughout the former Soviet the year. Union. Those accused of terror-related After the downfall of Ukraine’s President offences or suspected of belonging to Viktor Yanukovych, the new authorities Islamist groups were particularly susceptible publicly committed to effectively investigating to torture at the hands of national security and prosecuting those responsible for the forces in Russia and Central Asia, but killings and other abuses committed in the throughout the region corrupt and poorly course of EuroMaydan. However, apart supervised law enforcement officials from indicting the former senior political frequently resorted to torture or other ill- leadership, few if any concrete steps were treatment to extract confessions and bribes. taken in this direction. By the end of the year In the absence of effective, independent only a handful of low-ranking law enforcement investigations, impunity for such abuses was, officers had been convicted for EuroMaydan- overwhelmingly, the norm. related abuses. In Turkey the routine use of excessive force by police in the course of demonstrations DEATH PENALTY remained very much in evidence, even if At least three men were executed in Belarus, torture in places of detention continued its which remained the only country in the downward trend. Justice continued to be region to retain the death penalty in practice. denied or delayed for the handful of deaths All three executions took place despite and hundreds of seriously injured as a result requests by the UN Human Rights Committee of police abuses during the 2013 Gezi Park for a stay so it could consider the three protests. Law enforcement officers in Greece men’s cases. and, occasionally, Spain continued to use excessive force to disperse demonstrations TRANSITIONAL JUSTICE – encouraged here too by the prevailing The trials of former Bosnian Serb leader impunity for such abuses. Radovan Karadžić and former General The most dramatic protest-related abuses Ratko Mladić continued at the International occurred in Ukraine, during and at the bloody Criminal Tribunal for the former Yugoslavia conclusion of the EuroMaydan demonstration (ICTY), as it slowly worked its way through in Kyiv. At least 85 demonstrators, as well the few remaining cases pending before it. as 18 police officers, died as a direct result At the national level, progress in ensuring of the violence; there were no exact figures accountability for war crimes and crimes for the number of wounded. Following the against humanity committed during the first use of force by riot police on peaceful various conflicts in the former Yugoslavia protesters on 30 November 2013, recurring remained painfully slow. The number of new incidents of abusive use of force, as well indictments remained low, trials dragged as arbitrary arrests and attempts to initiate on and political attacks on national war criminal proceedings against demonstrators, crimes courts continued. War crimes courts, took place in the early months of the year. prosecutors and investigative units remained At the end of February, firearms with live understaffed and under-resourced as the lack ammunition, including sniper rifles, were of political will to deliver justice increasingly deployed, though it remained unclear which hid behind the expressed desire to move on. forces had used them and under whose Across the region, civilian victims of orders they had acted. On the margins of the war, including victims of sexual violence, protest, several dozen EuroMaydan activists continued to be denied access to reparations went missing. Some resurfaced later having due to the failure to adopt comprehensive been abducted and tortured; the fate of legislation regulating their status and

36 Amnesty International Report 2014/15 guaranteeing their rights. In September, countries where they faced a risk of torture Croatia, Serbia and Bosnia and Herzegovina or other ill-treatment. The practice gained signed a regional co-operation agreement increasing currency in Russia as it sought with a view to accelerating the to-date slow to circumvent repeated European Court of progress in resolving the fate and returning Human Rights rulings staying the extradition the bodies of the many thousands of people of wanted individuals to Central Asian still missing since the conflict. The rights and countries. Across the former Soviet Union, livelihoods of relatives in all three countries co-operating states frequently returned – both continued to be undermined by the lack of legally and clandestinely – terror suspects legislation on missing persons. wanted in other countries in which they faced In Northern Ireland, the mechanisms and the very strong likelihood of torture. institutions set up or mandated to address The security situation in the North conflict-related human rights violations Caucasus remained volatile and security continued to operate in a fragmented and operations were routinely marred by serious often unsatisfactory manner. The Historical human rights violations. In a particularly vivid Enquiries Team, set up in 2006 to re-examine illustration of law enforcement abuses, forces all deaths attributed to the conflict, was loyal to Chechen leader Ramzan Kadyrov closed following widespread criticism. Some made good on his threat to seek reprisals of its work was planned to be transferred against the families of perpetrators of a to a new unit within the Police Service of large-scale attack on Grozny in December, by Northern Ireland, prompting concerns over burning down several houses. the independence of future case reviews. In Turkey, broadly framed anti-terrorism The major Northern Ireland parties agreed legislation continued to be used to prosecute in principle in December 2014 to take the legitimate exercise of freedom of forward proposals set out a year earlier by expression, though new limits set on the US diplomat Richard Haass for two new maximum length of pre-trial detention mechanisms: a Historical Investigation resulted in the release of many. Unit and an Independent Commission for Information Retrieval. Details of finance, DISCRIMINATION resourcing, timeframes and legislation, Discrimination continued to affect the lives however, were not completely resolved. of millions across the region. Long-standing victims of prejudice, including Roma, COUNTER-TERROR AND SECURITY Muslims and migrants bore much of the Across the region, governments brunt, but anti-Semitism also remained remained tight-lipped about the extent widespread and sporadically manifested itself of their surveillance of internet-based in violent attacks. There were both advances communications, despite the protestations and setbacks in the respect for the rights of many in the wake of the revelations of the of lesbian, gay, bisexual, transgender and extent of the US surveillance programme intersex (LGBTI) people. by Edward Snowden in 2013. In the UK, Political declarations, action plans and Amnesty International and other NGO national strategies continued to have minimal litigants sought unsuccessfully to challenge impact on the lives of millions of marginalized the human rights compatibility of the UK’s Roma – invariably because they were not surveillance system through the courts and accompanied by the necessary political will now seek review in . will to implement them and because they EU countries continued to use unreliable consistently failed to identify and tackle the diplomatic assurances to return individuals main reason behind the social exclusion of considered a risk to national security to Roma, namely prejudice and racism.

Amnesty International Report 2014/15 37 As a result, the discrimination of Roma individuals – continued across the continent. in housing, education and employment Several countries, including a number of EU remained widespread. Hundreds of member states, still failed to include sexual thousands of Roma living in informal orientation and gender identity as prohibited settlements continued to struggle to access grounds in hate crime legislation. Across social housing or were excluded by criteria the region, hate crimes remained under- that failed to recognize, let alone prioritize, reported and poorly investigated. Stand- their manifest need. Legislative initiatives alone hate crime offences and penal code designed to tackle the insecurity of tenure of provisions allowing discriminatory motives to those in informal settlements were mooted be punished as an aggravating circumstance in a number of countries, but nowhere were frequently unused, as investigators failed adopted. As a result, people living in informal to investigate possible discriminatory motives settlements across Europe remained and prosecutors failed to charge perpetrators vulnerable to forced evictions. appropriately, or present relevant evidence The segregation of Roma in education in court. remained widespread throughout central A growing number of countries granted and eastern Europe, particularly in Slovakia equal rights to same-sex partnerships (though and the Czech Republic, despite repeated rarely in respect of adoption) and successful, promises by national authorities to address safe Pride marches were held for the first a long-identified problem. In a positive time in Serbia and Montenegro, under development, the EU initiated infringement the watchful eye of the EU. Homophobia proceedings against the Czech Republic for remained widespread, however, and growing breach of EU anti-discrimination legislation tolerance in the west was often matched – (the Race Equality Directive) for the indeed pointed to as a reason for – greater discrimination of Roma in education. Italy and restrictions on the freedom of expression of a number of other undisclosed EU states were LGBTI individuals further east. In Russia, also being examined by the EU Commission LGBTI activists were routinely prevented from for other possible breaches of the Race organizing public events, with local authorities Equality Directive for discrimination against often invoking legislation prohibiting the Roma in a range of areas – signalling at last, promotion of homosexuality among minors. perhaps, a willingness on the part of the EU Similar legislation was used to ban a book to enforce legislation adopted a decade ago. of fairy tales, including stories of same-sex In July, the European Court of Human relationships, in Lithuania. In Kyrgyzstan Rights ruled that the French ban on the legislation banning the “promotion of non- complete covering of the face in public did traditional sexual relations” was considered not violate any of the rights set out in the by Parliament. Attacks on LGBTI individuals, European Convention of Human Rights, organizations and events were common despite its obvious targeting of full face veils occurrences throughout much of eastern and the restrictions entailed on the rights Europe and the Balkans, and were rarely to freedoms of expression, religious belief responded to appropriately by indifferent and non-discrimination of Muslim women criminal justice systems. choosing to wear them. In a perverse ruling with worrying implications for freedom of VIOLENCE AGAINST WOMEN AND GIRLS expression, the European Court justified the Gender-based and domestic violence restrictions by reference to the nebulous remained pervasive across the region. requirements of “living together”. According to a report published by the EU Violent hate crimes – targeting in particular Fundamental Rights Agency in March, one in Roma, Muslims, Jews, migrants and LGBTI three women in the EU had suffered physical

38 Amnesty International Report 2014/15 and/or sexual abuse since the age of 15. The entry into force of the Council of Europe Convention on preventing and combating violence against women and domestic violence was therefore timely, but by the end of the year still only 15 countries had ratified the treaty. Despite this positive development, victims of domestic and sexual violence continued to be poorly served by criminal justice and protection systems across the continent. A lack of shelters for victims of domestic violence and high attrition rates in the investigation and prosecution of allegations of sexual violence remained common problems throughout the region.

SEXUAL AND REPRODUCTIVE RIGHTS Access to abortion remained prohibited under all circumstances in Malta. Ireland and Poland both failed to fully implement European Court of Human Rights rulings, in 2010 and 2012 respectively, requiring that women be guaranteed effective access to abortion under certain circumstances. Despite this, the Committee of Ministers decided to close its monitoring of the execution of the judgment in the Irish case.

Amnesty International Report 2014/15 39 sign of opposition to those holding power, MIDDLE EAST confident that their main allies among the western democracies were unlikely to demur. AND NORTH 2014 also saw human savagery meted out by armed groups engaged in the AFRICA REGIONAL armed conflicts in Syria and Iraq, notably the group calling itself Islamic State (IS, OVERVIEW formerly ISIS). In Syria, fighters of IS and other armed groups controlled large areas As 2014 drew to a close, the world reflected of the country, including much of the region on a year that was catastrophic for millions containing Aleppo, Syria’s largest city, and of people across the Middle East and North imposed “punishments” including public Africa; a year that saw unceasing armed killings, amputations and floggings for what conflict and horrendous abuses in Syria it considered transgressions of its version of and Iraq, civilians in Gaza bearing the Islamic law. IS also gained ascendancy in brunt of the deadliest round of fighting so the Sunni heartlands of Iraq, conducting a far between Israel and Hamas, and Libya reign of terror in which the group summarily come increasingly to resemble a failed state executed hundreds of captured government caught up in incipient civil war. Yemen too soldiers, members of minorities, Shi’a remained a deeply divided society whose Muslims and others, including Sunni central authorities faced a Shi’a insurgency tribesmen who opposed them. IS also in the north, a vocal movement for targeted religious and ethnic minorities, in the south, and continuing insurgency in driving out Christians and forcing thousands the southwest. of Yezidis and other minority groups from With the year in view, the heady hopes for their homes and lands. IS forces gunned change that drove the popular uprisings that down Yezidi men and boys in execution-style shook the Arab-speaking world in 2011 and killings, and abducted hundreds of Yezidi saw longstanding rulers ousted in Tunisia, women and girls into slavery, forcing many to Egypt, Libya and Yemen appeared a distant become “wives” of IS fighters, who included memory. The exception was Tunisia, where thousands of foreign volunteers from Europe, new parliamentary elections passed off North America, Australia, North Africa, the smoothly in November and the authorities Gulf and elsewhere. took at least some steps to pursue those Unlike many of those who perpetrate responsible for the legacy of gross violations unlawful killings but seek to commit their of human rights. Egypt, by contrast, gave far crimes in secret, IS was brutally brazen less cause for optimism. There, the military about its actions. It ensured that its own general who led the ousting of the country’s cameramen were on hand to film some first post-uprising president in 2013 assumed of its most egregious acts, including the the presidency after elections and maintained beheadings of journalists, aid workers, and a wave of repression that targeted not only captured Lebanese and Iraqi soldiers. It then the Muslim Brotherhood and its allies, but publicized the slaughter in polished but grimly political activists of many other stripes as well macabre videos that were uploaded onto the as media workers and human rights activists, internet as propaganda, hostage-bargaining with thousands imprisoned and hundreds and recruitment tools. sentenced to death. In the Gulf, authorities in The rapid military advances achieved by IS Bahrain, Saudi Arabia and the United Arab in Syria and Iraq, combined with its summary Emirates (UAE) were unrelenting in their killings of western hostages and others, efforts to stifle dissent and stamp out any led the USA to forge an anti-IS alliance in

40 Amnesty International Report 2014/15 September that came to number more than groups in Gaza, the scale of destruction, 60 states, including Bahrain, Jordan, Saudi damage, death and injury to Palestinian Arabia and the UAE, which then launched civilians, homes and infrastructure was air strikes against IS positions and other non- appalling. Israeli forces carried out attacks state armed groups, causing civilian deaths on inhabited homes, in some cases killing and injuries. Elsewhere, US forces continued entire families, and on medical facilities and to mount drone and other attacks against schools. Homes and civilian infrastructure al-Qa’ida affiliates in Yemen, as the struggle were deliberately destroyed. In Gaza more between governments and non-state armed than 2,000 Palestinians were killed, some groups took on an increasingly supranational 1,500 of whom were identified as civilians, aspect. Meanwhile, Russia continued to including over 500 children. Hamas and shield the Syrian government at the UN while Palestinian armed groups fired thousands transferring arms and munitions to feed its of indiscriminate rockets and mortar rounds war effort without regard to the war crimes into civilian areas of Israel, killing six civilians, and other serious violations that the Syrian including one child. Hamas gunmen also authorities committed. summarily executed at least 23 Palestinians IS abuses, and the publicity and sense of they accused of collaborating with Israel, political crisis that they evoked, threatened including untried detainees, after removing for a time to obscure the unremitting and them from prison. Both sides committed war large-scale brutality of Syrian government crimes and other serious rights abuses with forces as they fought to retain control of areas impunity during the conflict, repeating an all they held and to recapture areas from armed too familiar pattern from earlier years. Israel’s groups with seemingly total disregard for the air, sea and land blockade of Gaza, in force lives of civilians and their obligations under continuously since 2007, exacerbated the international humanitarian law. Government devastating impact of the 50-day conflict, forces carried out indiscriminate attacks severely hindered reconstruction efforts, and on areas in which civilians were sheltering amounted to collective punishment – a crime using an array of heavy weapons, including under international law – of Gaza’s 1.8 million barrel bombs, and tank and artillery fire; inhabitants. maintained indefinite sieges that denied The political and other tensions at play civilians access to food, water and medical across the Middle East and North Africa supplies; and attacked hospitals and medical in 2014 reached their most extreme form workers. They also continued to detain large in the countries torn by armed conflict, numbers of critics and suspected opponents, but throughout the region as a whole there subjecting many to torture and appalling were institutional and other weaknesses conditions, and committed unlawful killings. that both helped fuel those tensions and In Iraq, the government’s response to IS’s prevented their ready alleviation. These advance was to stiffen the security forces included a general lack of tolerance by with pro-government Shi’a militias and let governments and some non-state armed them loose on Sunni communities seen as groups to criticism or dissent; weak or non- anti-government or sympathetic to IS, while existent legislative bodies that could act as mounting indiscriminate air attacks on Mosul a check on or counterweight to abuses by and other centres held by IS forces. executive authorities; an absence of judicial As in most modern-day conflicts, civilians independence and the subordination of again paid the heaviest price in the fighting, criminal justice systems to the will of the as warring forces ignored their obligations to executive; and a failure of accountability, spare civilians. In the 50-day conflict between including with respect to states’ obligations Israel and Hamas and Palestinian armed under international law.

Amnesty International Report 2014/15 41 REPRESSION OF DISSENT members of the Bidun community, many Governments throughout the region continued of whom continue to be denied Kuwaiti to crack down on dissent, curtailing rights to nationality. Bahraini, Egyptian and Yemeni free speech and other expression, including security forces used excessive force, through social media. Laws criminalizing including unnecessary lethal force, against expression deemed offensive to the head of demonstrators, causing deaths and injuries. state, government or judicial officials, or even Israeli soldiers and border police in the foreign government leaders, were used to West Bank shot Palestinian stone throwers imprison critics in Bahrain – where a court and others at protests against settlements, sentenced one prominent woman activist the wall/fence and other aspects of Israel’s to three years in prison for tearing up a longstanding military occupation. photograph of the King – as well as in Egypt, Elsewhere, unidentified gunmen committed Jordan, Kuwait, Morocco, Oman and Saudi unlawful killings with impunity, sometimes Arabia. In Iran, critics faced trial on charges targeting those who spoke up for human including moharebeh (“enmity against God”), rights and the rule of law. In Libya, Salwa a capital offence. In the UAE, the authorities Bughaighis, a human rights lawyer who had continued to sentence pro-reform advocates been one of the leading voices in the 2011 to long prison terms after unfair trials and uprising, was shot dead by gunmen who introduced new anti-terrorism legislation entered her home shortly after so sweeping as to equate peaceful protests she had criticized the country’s powerful but with terrorism, punishable by possible lawless armed groups in a media interview. death sentences. The UAE and some other Gulf states, JUSTICE SYSTEM including Bahrain, Kuwait and Oman, created Arbitrary arrests and detentions, or used powers to penalize peaceful critics by prolonged detention without trial, enforced stripping them of their nationality, and thus disappearances and unfair trials were their rights as citizens, potentially rendering common throughout the region, constant them stateless. Bahrain, Kuwait and the UAE reminders of the corruption of criminal exercised these powers during the year. justice systems as tools of repression for the Freedom of association was widely authorities. Thousands were held in Syria, curtailed. Many governments did not Egypt, Iraq and Saudi Arabia, with some permit independent trade unions; some detained without charge or trial and others governments, including those of Algeria jailed after unfair trials. Smaller numbers of and Morocco/Western Sahara, required detainees were also held in Bahrain, Iran, independent associations, including human the UAE and elsewhere; some were subject rights organizations, to obtain official to enforced disappearance. Israeli authorities registration in order to operate legally but held some 500 Palestinians in administrative prevented their registration or harassed those detention without trial; thousands of other that had registered previously. In Egypt, the Palestinians were serving prison terms in authorities threatened the very existence of Israel. Palestinian authorities in both the West independent NGOs. Bank and Gaza continued to detain political The right to peaceful assembly, so evident opponents; in Gaza, military and other courts during the protests that shook the region sentenced alleged “collaborators” with Israel in 2011, was greatly curtailed by many to death. governments in 2014. Algerian authorities In Libya, rival militia forces held thousands snuffed out protests by blocking access to of detainees, some since the fall of Mu’ammar venues and arresting activists. In Kuwait, the al-Gaddafi in 2011, subjecting many of them authorities continued to prohibit protests by

42 Amnesty International Report 2014/15 to harsh and degrading conditions with no exhausted all appeals. Jordan also resumed prospect of early release. executions in December after an eight-year Across much of the region, courts tried hiatus. In Lebanon, courts continued to and sentenced defendants with little regard impose death sentences, but the authorities for due process, often imposing long prison refrained from executing people, as did the terms and sometimes death sentences on authorities in Algeria, Morocco and Tunisia, the basis of torture-tainted “confessions” and who maintained longstanding de facto charges so broadly and vaguely framed as to moratoriums on executions. virtually guarantee conviction. In Egypt, one judge issued preliminary death sentences TORTURE AND OTHER ILL-TREATMENT against hundreds accused of taking part in Throughout the region, security forces deadly attacks on police stations after two tortured and otherwise ill-treated detainees fundamentally flawed trials; another judge in their custody, sometimes on an industrial sentenced three prominent media workers scale. In Syria, children were among the to lengthy prison terms without substantive victims and large numbers of deaths of evidence; and the new head of state decreed detainees from torture or other ill-treatment increased powers for notoriously unfair were reported but often difficult to verify. In military courts to try civilians on terrorism January, photographic evidence emerged and other charges. In both Bahrain and the of thousands of deaths of detainees, many UAE, courts did the government’s bidding apparently due to beatings or other torture when trying those accused on security-related or starvation in Syrian government detention. charges or for causing offence to those in Torture was endemic in Egypt, where the power; in both countries, courts imposed victims ranged from minor criminal suspects prison terms on family members campaigning to Muslim Brotherhood activists swept up for the release of their wrongly imprisoned in the government’s crackdown. Commonly relatives. Iran’s revolutionary courts continued reported torture methods in these and other to convict defendants on scarcely definable countries included beatings on the soles of charges and handed down harsh sentences, the feet, beatings while suspended by the including death. In Saudi Arabia, those limbs, prolonged standing or squatting in targeted and sentenced to prison terms stress positions, electric shocks to the genitals included lawyers who had acted as defence and other sensitive areas, threats against the counsel in security-related trials and criticized detainee and their family and, in some cases, the unfairness of the courts. rape and other sexual abuse. Often, torture Saudi Arabia, Iran and Iraq remained was used to gather information leading to the region’s principal state executioners; in the detention of other suspects or to obtain all three, authorities carried out scores of “confessions” that could be used by courts to executions of defendants, many of whom sentence government critics or opponents to had been sentenced after unfair trials. Those prison terms, but it was also used to degrade, executed in Saudi Arabia, where many humiliate and mentally and physically scar victims – 26 in August alone – were publicly the victims. Generally, the perpetrators used beheaded, included a man convicted of torture with impunity: governments frequently sorcery and others convicted of non-violent flouted their international legal obligation to drugs offences. Egypt resumed executions independently investigate torture allegations, in June after a break of more than 30 rarely prosecuted alleged torturers, and months, perhaps presaging a large-scale seldom if ever secured convictions when they increase in executions once hundreds of did so. Muslim Brotherhood supporters and others sentenced to death during the year have

Amnesty International Report 2014/15 43 IMPUNITY DISCRIMINATION – ETHNIC AND It was not only torturers who benefited from RELIGIOUS MINORITIES impunity. So too did the political and military Amid the political turmoil, religious and ethnic leaders who were the architects of, or who divisiveness and sectarianism that gripped ordered, the war crimes and other violations the region, governments and non-state armed of international law committed by government groups viewed minorities with increased forces during the conflicts in Syria, Iraq, suspicion and intolerance. This was most Libya and Yemen, by Israeli forces and brutally reflected in the conflicts in Iraq and Palestinian armed groups in Gaza and Israel, Syria, where many people were arrested, and those who presided over the large-scale abducted, “ethnically cleansed” from their human rights violations committed in Egypt, homes, or killed on account of their place Iran, Saudi Arabia, the UAE and elsewhere. of origin or their religion, but it was evident In Bahrain, the government committed to too in Libya, where killings on ethnic or tribal holding an independent investigation into grounds were common and on the rise. torture in 2011 in response to the findings In the Gulf, the Iranian government of an independent inquiry conducted by continued to imprison Baha’is and bar them international experts, but it had not done from higher education, and to restrict the so by the end of the year. In Algeria, the rights of other religious minorities as well authorities maintained their long refusal to as those of Azeris, Kurds and other ethnic allow investigations into unlawful killings minorities, and were reported to have secretly and other historical violations; in Yemen, executed Ahwazi Arab rights activists. In the country’s former President and his Saudi Arabia, the authorities maintained a close associates continued to benefit from crackdown on Shi’a critics of the government immunity agreed when he relinquished office in the country’s oil-rich Eastern Province, following protests in 2011 in which his forces sentencing rights activists to long prison terms killed many protesters. In Tunisia, the new and, in at least one case, the death penalty authorities did prosecute some former senior after unfair trials. In Kuwait, the government officials and members of the security forces continued to withhold citizenship and its for unlawfully killing protesters during the associated entitlements to tens of thousands uprising there, only for a military appeals of Bidun residents. court to reduce the charges and sentences to such an extent that most of those convicted REFUGEES AND INTERNALLY walked free. DISPLACED PEOPLE Amid the failure or incapability of national In 2014, the Syrian crisis surpassed other justice systems to address impunity in Syria, such crises to become the world’s worst human rights groups including Amnesty in terms of refugee flows and internally International made repeated calls to the displaced people. By the end of the year, UN Security Council to refer the situations approximately 4 million refugees had fled the in Syria and in Israel and the Occupied conflict in Syria. The vast majority – about Palestinian Territories to the jurisdiction of the 95% – were being hosted in neighbouring International Criminal Court (ICC), but these countries: at least 1.1 million in Lebanon, fell on deaf ears. Meanwhile, Libya remained more than 1.6 million in Turkey, more than under ICC jurisdiction following a UN 600,000 in Jordan, more than 220,000 Security Council referral in 2011, but the ICC in Iraq and more than 130,000 in Egypt, prosecutor failed to open new investigations according to UNHCR, the UN refugee despite a rash of new war crimes as the agency. International relief efforts received country returned to civil war. insufficient funding to meet the needs of those displaced. In December, the UN’s

44 Amnesty International Report 2014/15 annual Syria Regional Refugee Response MIGRANTS’ RIGHTS plan for 2014 remained only 54% funded, Migrant workers fuelled the economies of and the was forced many states across the region, not least in the to temporarily suspend a food aid scheme oil and gas-rich states of the Gulf, where they to 1.7 million Syrians due to a lack of performed vital roles in construction and other funding. In many places, the rapid influx of industries and in the service sector. Despite so many refugees placed huge burdens on their importance to local economies, in most the resources of the main host countries, states migrant workers remained inadequately sparking tension between refugee populations protected under local labour laws and were and host communities. Authorities in both subject to exploitation and abuse. Qatar’s Jordan and Lebanon took steps to bar the selection to host the football World Cup in entry of Palestinian refugees from Syria 2022 ensured that its official policies and and, increasingly, of anyone seeking refuge practices in relation to the workers it hired from Syria; the Egyptian authorities forcibly to build new stadiums and other facilities returned some refugees to Syria. remained under scrutiny, and the government Within Syria, a further 7.6 million people made promises of reform in response to were internally displaced, with many forced pressure. Nevertheless, in Qatar as in other from their homes by fighting or sectarian Gulf states, the sponsorship, or kafala, system attacks. Some had been repeatedly displaced; used to recruit migrant workers and regulate many were in locations beyond the reach of their employment facilitated rights abuses international humanitarian agencies or were that were exacerbated by a common absence trapped in areas besieged by government of official enforcement measures to uphold forces or non-state armed groups. Their migrants’ rights. Many migrant workers in situation was perilous in the extreme, with the region were required by employers to faint prospect of alleviation. work excessive hours without rest or days off, While nothing else matched the Syrian and were prevented by threat of arrest and crisis for scale, its overflow into Iraq also saw deportation from leaving abusive employers. thousands internally displaced there, due Perhaps most vulnerable of all were the partly to IS violence and abuses but also to many thousands of women from Asia, in attacks and abuses committed by pro- particular, who were employed as domestic government Shi’a militias. In Libya, thousands workers, and could be subjected to physical of people forced from the town of Tawargha or other abuse, including sexual abuse as in 2011 by Misrata armed militia continued to well as other forms of labour abuse without be prevented from returning to their homes any or adequate means of remedy. The and faced further displacement when the Saudi Arabian authorities engaged in mass capital, Tripoli, and other areas plunged expulsions of “surplus” migrant workers into armed conflict mid-year. In Gaza, to Yemen and other countries, often after Israeli bombing and other attacks destroyed first detaining them in harsh conditions. thousands of homes, displacing thousands, Elsewhere, in countries such as Libya where during the 50-day armed conflict that began lawlessness prevailed, migrant workers faced on 8 July. In Israel itself, the government discrimination and other abuses, including detained newly arrived asylum-seekers violence and armed robbery at checkpoints, from Sudan, Eritrea and other countries at roadblocks and on the streets. a facility in the Naqab/Negev desert and Thousands of people, many of them prey returned others to their home countries under to human traffickers and people smugglers, an ostensibly “voluntary” procedure that sought to escape and make new lives for contained no guarantees of their safety and themselves by boarding often overcrowded entailed a high risk of refoulement. and unseaworthy vessels to cross the

Amnesty International Report 2014/15 45 Mediterranean Sea. Some made it to Europe; expert committee to draft a framework law others were pulled from the sea by the Italian to combat violence against women and girls. navy, and at least 3,000 were reported to Algerian and Moroccan authorities also took have drowned. some positive, albeit limited, legal measures, the former finally recognizing the right to FORCED EVICTIONS compensation for women raped during the In Egypt, the authorities continued to evict internal armed conflict of the 1990s, and the residents of “informal settlements” in Cairo latter abolishing a Penal Code provision that and elsewhere without providing adequate allowed rapists to escape prosecution if they notice or alternative accommodation or married their victim. compensation. Those affected included In the Gulf, despite their implacable mutual residents who had made their homes in areas hostility on political and religious issues, the that the authorities deemed “unsafe”, and governments of Iran and Saudi Arabia both whose removal they required to facilitate new had appalling records on women’s rights. In commercial developments. The army also Iran, where many women’s rights activists forcibly evicted at least 1,000 families living have been detained or imprisoned in recent alongside the border with Gaza as part of years, the authorities detained girls and efforts to create a “buffer” zone. The Israeli women who protested about an official ban authorities also carried out forced evictions. on their attending certain sporting events as In the West Bank, including East Jerusalem, spectators. In Saudi Arabia, the authorities they punitively destroyed the family homes of arrested or threatened women who dared Palestinians who mounted attacks on Israeli defy an official ban on driving. In both civilians, and demolished dozens of homes countries, authorities also enforced strict of Palestinians which they said had been dress and behavioural codes for women, constructed illegally. In Israel, the authorities and retained laws that punish adultery forcibly evicted Bedouin living in officially with death. In Yemen, women and girls “unrecognized villages” in the Naqab/ continued to face early and forced marriage Negev region. and, in some provinces, high rates of female genital mutilation. WOMEN’S RIGHTS Amid a general failure by governments to Across the region, women and girls faced afford women and girls adequate protection discrimination under the law and as a result against sexual violence and violence within of official policies, and were inadequately the family, the excesses of IS forces in protected against sexual and other violence. Iraq, where possibly thousands of ethnic Such discrimination was deeply entrenched or religious minority women and girls were and few improvements were apparent forcibly abducted and sold as “wives” or in 2014. Three years on since women slaves to members of armed groups including demonstrated with unprecedented visibility IS, represented a new nadir, yet one that during the popular uprisings that swept the elicited only muted condemnation from region in 2011, they appeared to be among religious leaders. the main losers of the political changes that 2014 was a year of appalling suffering ensued. In Egypt, groups of men attacked and throughout much of the Middle East and sexually assaulted women protesters in the North Africa, one that saw some of the worst streets around Cairo’s Tahrir Square. Tunisia excesses in recent history and that, at its was the notable exception. There, two police close, held few signs of early improvement. officers convicted of rape received lengthy And yet, amidst the horrors, local actors prison terms, the government lifted Tunisia’s and activists of many different political hues reservations to CEDAW and appointed an continued through various means to speak

46 Amnesty International Report 2014/15 truth to power, to express defiance in the face of tyranny, to assist the wounded and the powerless, and to stand up not only for their own rights but for the rights of others, often at huge personal cost. It was the dauntless courage of such individuals, many of them aptly termed human rights defenders, that was perhaps the most remarkable, and enduring, feature of 2014, and that which holds the most hope for the future of human rights in the region.

Amnesty International Report 2014/15 47 48 Amnesty International Report 2014/15 14/15

AMNESTY INTERNATIONAL REPORT 2014/15 COUNTRY ENTRIES

Amnesty International Report 2014/15 49 BACKGROUND AFGHANISTAN With no clear winner in the April presidential election and a June run-off marred by Islamic Republic of Afghanistan accusations of massive and systematic Head of state and government: Ashraf fraud against both candidates, electoral Ghani Ahmadzai (replaced Hamid Karzai in deadlock ensued for five months. Following September) long negotiations and interventions by US Secretary of State and UN Special Representative in Afghanistan Jan Kubis, the There was growing insecurity throughout two front runners agreed to form the country’s the country in expectation of the planned first unity government as election results were withdrawal of 86,000 foreign troops in announced on 22 September. Ashraf Ghani December, as the mandate of NATO’s was sworn in as President on 29 September, International Security Assistance Force with rival candidate Abdullah Abdullah (ISAF) ended. The USA committed its serving as chief executive, a role similar to troops to remain engaged in combat until that of a prime minister. By the end of 2014, the end of 2015. The UN Assistance the new cabinet had yet to be announced, Mission in Afghanistan (UNAMA) reported three months after President Ghani was sworn that casualties among civilians not involved into office. in hostilities in Afghanistan were at an In June, in response to international all-time high. The Taliban and other armed pressure to curb the financing of terrorism insurgent groups were responsible for more within Afghanistan’s jurisdiction, a bill against than 74% of civilian casualties, with 9% money laundering was approved by both attributed to pro-government forces. A houses of the Afghan Parliament and signed further 12% of casualties occurred during into law by then President Karzai. ground engagement between pro-Afghan On 30 September, President Ghani signed government and Taliban insurgents and the Bilateral Security Agreement (BSA) with could not be attributed to any group. The the USA and the Status of Forces Agreement remaining were as a result of the conflict. (SOFA) with NATO, allowing 9,800 US and A lack of accountability in cases where 2,000 additional NATO troops to remain in civilians were killed or otherwise harmed Afghanistan beyond the end of formal combat unlawfully left many victims and their operations in December. Their role will largely families without access to justice and be to provide training and mentoring to reparation. During the year, the Parliament Afghan government forces. and the Ministry of Justice approved or amended a number of laws, including the ABUSES BY ARMED GROUPS Criminal Procedure Code, which barred Between 1 January and 30 June, the number family members of both victims and of casualties among civilians not involved in perpetrators of crimes from testifying. Since hostilities reached 4,853, of which more than most gender-based violence was reported 70% were caused by the Taliban and other as happening within the family, this would armed insurgent groups. This figure marked have made successful prosecutions in a doubling since 2009 and an increase of such cases nearly impossible. The law was 24% on the same period in 2013. Of these, approved by both houses of parliament but 1,564 deaths were recorded and 3,289 was not signed and was rejected by then people injured. President Karzai following an outcry from UNAMA said that improvised explosive national and international human rights devices and suicide attacks claimed the organizations. highest number of casualties. Ground

50 Amnesty International Report 2014/15 engagements caused two out of every five the 96 hours permitted had been arbitrary, civilian casualties, with 474 killed and 1,427 in violation of the European Convention on injured. This represented 39% of all civilian Human Rights. Following the ruling, the casualties, an increase of 89% from 2013. Afghan government ordered the UK to hand The Taliban and other armed insurgent over 23 detainees held in two UK-run facilities groups frequently attacked targets within in Helmand. easy reach, causing large numbers of civilian casualties. Child casualties and women VIOLENCE AGAINST WOMEN AND GIRLS casualties both increased by 24% from 2013, The Afghanistan Independent Human Rights accounting for 29% of all recorded casualties Commission (AIHRC) registered 4,154 cases in the first half of 2014. of violence against women in the first half of Between January and August 2014 the the year alone, a 25% increase on the same NGO Safety Organization in Afghanistan period in 2013. There was an increase in recorded 153 attacks on aid workers, reported crimes against women and girls, resulting in 34 people killed and 33 injured. but it was not clear whether this was due to The government attributed the majority an increase in violence or in awareness and of these attacks to gunmen belonging to access to complaint mechanisms for women. insurgent groups, including the Taliban. A 2013 UN report found that the Law on the Elimination of Violence Against Women was VIOLATIONS BY INTERNATIONAL AND applied in only 17% of all reported cases of AFGHAN GOVERNMENT FORCES violence against women in Afghanistan. ISAF and NATO forces continued to launch In a move seen as positive by women’s night raids and aerial and ground attacks, and human rights groups, former President claiming dozens of civilian lives, despite Karzai refused to sign into law the Criminal completing the handover of responsibility Procedure Code passed by the Afghan for security to the Afghan National Security Parliament, which would have prohibited Forces (ANSF) in June 2013. UNAMA said relatives of the accused from testifying in that 9% of the total civilian casualties were criminal cases. Since most gender-based caused by pro-government forces (8% to violence was reported as happening within ANSF and 1% to ISAF/NATO forces) with the family, this would have made successful ground combat and crossfire accounting prosecutions much more difficult to achieve for the majority of deaths. The total number and would have denied justice to victims of civilians killed by pro-government forces of rape and domestic violence, as well as during the first six months of 2014 fell those subjected to underage and forced from 302 to 158, mostly due to reduced marriages. On the other hand, the reduction aerial military operations. The ANSF were in the quota of women’s seats in provincial responsible for greater civilian casualties due councils, and the absence of women in to their full involvement in military operations the peace negotiation process with the and ground engagement. Taliban, constituted backward steps for There were significant failures of women’s rights. accountability for civilian deaths, including a According to the Afghan Ministry of Public lack of transparent investigations and a lack Health, there were 4,466 cases of self- of justice for the victims and their families.1 poisoning and 2,301 cases of self-immolation In May, the English High Court ruled as by women during the year, resulting in the unlawful the detention policy adopted by deaths of 166 women. Gender-based violence UK forces in Afghanistan after reviewing the was reported as the primary cause of these case of Serdar Mohammed, held since 2010. acts of self-harm, followed by conflict-related The Court found that his detention beyond trauma and displacement.

Amnesty International Report 2014/15 51 On 30 April a cleric was arrested for tying REFUGEES AND INTERNALLY up and raping one of his Qur’an pupils, a DISPLACED PEOPLE 10-year-old girl, in Kunduz province.2 UNHCR, the UN refugee agency, estimated that Afghans continued to account for the ARBITRARY ARRESTS AND highest number of refugees in the world. DETENTIONS, AND TORTURE Neighbouring Iran and Pakistan hosted AND OTHER ILL-TREATMENT 2.7 million registered Afghan refugees. Arbitrary arrests and detentions, including In March, UNHCR documented 659,961 some incommunicado detention, continued Afghans who were internally displaced due to under the intelligence service, the National armed conflict, deterioration of security and Directorate of Security (NDS) and the police. natural disasters. Suspects were routinely denied due process, Afghanistan’s Ministry of Refugees and including being denied access to a lawyer Repatriation launched the landmark National or to their families. Allegations continued Internally Displaced People (IDP) Policy on of violations by NDS personnel, including 11 February 2014, providing a legal definition torture and other ill-treatment and enforced for displaced people and establishing the disappearances. government’s primary responsibilities in At least 50 non-Afghan prisoners remained providing emergency assistance, long-term in US custody in Parwan detention facility support and protection. There were concerns (formerly known as Bagram) at the end of the that displacement could increase, however, year. Some were believed to have been held following the security transition scheduled for since 2002. Their identities and any possible the end of 2014 as local insurgents fought to charges against them remained undisclosed, occupy territory previously under the control as did details of their legal representation and of international forces. access to medical care. Displaced people continued to migrate to larger cities such as Kabul, Herat and FREEDOM OF EXPRESSION -e-Sharif. Inadequate makeshift – JOURNALISTS shelters, overcrowding and poor hygiene, The government failed to investigate combined with harsh weather conditions, led adequately and prosecute perpetrators to an increase in communicable and chronic of attacks on journalists and other media diseases such as malaria and hepatitis. workers who were peacefully exercising their Efforts to eradicate the polio virus through right to freedom of expression. vaccination programmes were impeded There was a reported 50% rise in the by opposition armed groups, including the number of journalists killed in 2014 and Taliban, and cases continued to be reported. a 60% increase in the number of attacks in the first half of the year, compared with DEATH PENALTY 2013 figures. Afghanistan continued to apply the death Journalists were arrested, threatened, penalty, often after unfair trials. beaten or killed in apparently politically On 8 October, six men were executed in motivated attacks by government workers, Kabul Pul-e-Charkhi prison, less than two international forces, insurgent groups and weeks after President Ghani’s inauguration. supporters of election candidates. According Five had been convicted in connection with to Afghan media watchdog Nai, 20 journalists the gang-rape of four women in Paghman were attacked and seven killed. Journalists district. A sixth man had been convicted in covering the presidential election were a separate case of a series of kidnappings, particularly at risk. murders and armed robberies. On 28 September, then President Karzai signed

52 Amnesty International Report 2014/15 the death warrants for the six men. The trial rights of Roma, anti-discrimination policies, proceedings of five men were considered and the implementation of property rights. unfair and controversial, marred by public Albania’s first Pride march took place and political pressure on the courts to hand in May. down a tough sentence while the accused claimed to have confessed following torture ENFORCED DISAPPEARANCES by police in detention. The whereabouts of the body of Remzi President Ghani ordered a review of nearly Hoxha, an ethnic Albanian from Macedonia 400 death row cases. who was forcibly disappeared in 1995 by state security agents, was not revealed to his son, despite assurances by the Prime Minister 1. Left in the dark: Failures of accountability for civilian casualties in 2013 that the location of his grave would caused by international military operations in Afghanistan (ASA be identified. 11/006/2014) www.amnesty.org/en/documents/asa11/006/2014/en/ UNLAWFUL KILLINGS 2. Afghanistan: Ten-year-old rape survivor faces “honour” killing (ASA Prosecutors reviewed the case of Aleks 11/013/2014) Nika, a demonstrator who died after being www.amnesty.org/en/documents/asa11/013/2014/en/ shot during anti-government demonstrations in January 2011 in the capital Tirana. In May, police officers who allegedly ill-treated some demonstrators during and after the protests were questioned. In July, the state ALBANIA prosecutor filed charges against the former General Director of Police and his deputy for Republic of Albania failing to arrest six Republican Guard officers Head of state: Bujar Nishani suspected of shooting at the demonstrators. Head of government: Edi Rama HOUSING RIGHTS The Ministry of Urban Development and Domestic violence remained widespread Tourism and the National Housing Authority and survivors rarely received justice. proposed to increase the stock of social Impunity for cases of torture and housing and access for those in inadequate other ill-treatment continued. Access housing. In February, the Ministry announced to habitable and affordable housing a new housing strategy to include Roma for people living in poverty, including and Egyptians, to promote the legalization Roma, remained very limited, despite of informal settlements, and to improve government pledges. A former barracks access to water and sanitation. However, little designated as temporary accommodation progress was made. for victims of forced eviction did not meet In March 2014, a former barracks in international standards. the Shishtufinë area of Tirana was formally designated as the National Emergency BACKGROUND Transition Centre for victims of forced In June, the EU Council of Ministers approved evictions. Over 50 Roma families evicted EU candidate status for Albania, conditional from Rruga e Kavajes in Tirana had been on further judicial reform, combating resettled in Shishtufinë in October 2013. corruption and organized crime and ensuring Conditions at the centre – which was located the protection of human rights, including the far from sources of employment and basic

Amnesty International Report 2014/15 53 services – were inadequate and did not meet courts, and recommended changes to the law international standards for adequate housing. and court practice. They found that criminal On International Roma Day in April, some proceedings were slow and that courts of the 100 Roma families at risk of eviction violated procedural deadlines for reviewing from Selita in Tirana demonstrated to demand protection orders and issuing decisions. alternative housing. The government rejected Some 3,094 incidents of domestic violence a proposed amendment to the law on the were reported to the police by the end of legalization of illegal construction in May, September, with women accounting for the requested in a petition signed by 6,000 Roma majority of the victims. Just over a third and Egyptians which called for procedural (1,292) of these reports resulted in criminal protections against forced eviction and proceedings. adequate alternative accommodation. By the end of September, 1,882 In July the UN Human Rights women had sought protection orders in Committee issued an interim protection civil proceedings; however, in the Tirana measure suspending the demolition of District Court, for example, more than two- seven Roma families’ houses in Elbasan thirds of applications for protection orders pending the hearing of their complaint and were withdrawn or discontinued. Where compensation claim. protection orders were issued they were often The government failed to guarantee the not enforced. legal right of homeless registered orphans up to the age of 30 to priority access to social REFUGEES AND ASYLUM-SEEKERS housing. In May, on national Orphans Day, In response to EU pressure, Albania orphans demonstrated calling for education developed a new border management and housing, and describing the financial strategy. Over 500 undocumented migrants assistance provided by the state as derisory. and refugees, including Syrians, were detained between January and June. Others TORTURE AND OTHER ILL-TREATMENT were returned to Greece without access to an Impunity generally persisted for allegations of asylum process. By the end of September, ill-treatment by law enforcement officers. In over 12,000 Albanians had applied for asylum May, Parliament introduced a new Internal in EU member states, on grounds including Issues and Complaints Service to combat domestic violence and discrimination against police corruption and human rights violations. LGBTI people and Roma. In August the Head of the Public Order sector of the State Police in Kukës was charged with abuse of office and unlawful deprivation of liberty, for the ill-treatment of a detainee. Former political prisoners organized hunger ALGERIA strikes in protest against the government’s failure to fairly distribute compensation People’s Democratic Republic of Algeria for their imprisonment by the communist Head of state: Abdelaziz Bouteflika government between 1944 and 1991, when Head of government: Abdelmalek Sellal thousands were imprisoned or sent to labour camps and subjected to torture and other ill-treatment. The authorities restricted freedoms of expression, association and peaceful VIOLENCE AGAINST WOMEN assembly, particularly in the run-up to In June the High Council of Justice published April’s presidential election, dispersing a review of domestic violence cases in 38 demonstrations and harassing activists.

54 Amnesty International Report 2014/15 Women faced discrimination in law and killed the leader of Jund al-Khalifa and two of practice and remained inadequately his associates. protected against violence, despite proposed Algeria became a member of the UN legislative reforms. Impunity prevailed for Human Rights Council in January but the perpetrators of gross human rights abuses government continued to fail to agree to during the 1990s and acts of torture long-requested visits by key UN bodies committed in subsequent years. Irregular and experts, including those concerned migrants faced discrimination, abuse and with torture, counter-terrorism, enforced arbitrary expulsion. Armed groups carried disappearances and the right to freedom of out lethal attacks. Death sentences were association. The authorities did not grant visas imposed; no executions were carried out. to Amnesty International staff to visit Algeria.1

BACKGROUND FREEDOM OF EXPRESSION 2014 saw continued social unrest caused Journalists and government critics faced by tensions between the Mozabite and Arab restrictions and judicial harassment by the communities in the city of Ghardaia. There authorities. On 12 March, the security forces were demonstrations against unemployment, closed down Al-Atlas TV, a private television poverty and corruption in the oil and gas- station that had reported on anti-government rich south, as well as protests focused on protests and given airtime to a number of President Bouteflika’s decision to run for government critics. The authorities accused re-election in April. Al-Atlas TV of broadcasting without a licence.2 Following the election, the government On 10 June, a court sentenced Youcef opened consultations on proposed revisions Ouled Dada to two years’ imprisonment and to the Constitution but some political parties a fine for posting a video on the internet boycotted these consultations and most showing police officers stealing from a independent civil society organizations were shop during clashes in Ghardaia. The court excluded. At the end of the year the process convicted him of publishing photos and appeared to have stalled. videos against the national interest and There were new clashes between the insulting a state institution. His sentence was security forces and armed groups, notably confirmed on appeal. Al Qa’ida in the Islamic Maghreb (AQIM), mostly in southern and eastern Algeria. FREEDOM OF ASSEMBLY Foreign governments increased their security The authorities maintained a ban on all co-operation with Algeria following the attack demonstrations in the capital Algiers although in January 2013 by an armed group at the the security forces allowed some to go ahead In Amenas gas extraction complex, in which without interference. In other cases, the dozens were killed and hundreds taken police forcibly dispersed demonstrators, hostage, including foreign civilian workers. In especially those from the Barakat (Enough) September, an armed group calling itself Jund movement protesting against the President’s al-Khalifa (Soldiers of the Caliphate) abducted decision to stand for re-election for a fourth a French national in the Tizi-Ouzou region, term of office in April, and arrested some an area where people had previously been demonstrators, often releasing them after a kidnapped for ransom, and published a video few hours in custody.3 Police also forcibly on the internet showing him beheaded. His dispersed protests in other cities. killing was in apparent reprisal for France’s On 20 April, police used excessive force to participation in a US-led alliance fighting disperse demonstrators in Tizi-Ouzou city who the Islamic State armed group in Iraq. In were commemorating the violent repression December, the government said its forces had of protesters in 2001 in the region.

Amnesty International Report 2014/15 55 Witnesses reported that police beat unarmed In June, the government proposed new protesters and fired plastic bullets, one of legislation to criminalize physical violence which hit Lounis Aliouat, blinding him in one against a spouse and indecent assaults on eye. The authorities said they had suspended women when they are carried out in public. five police officers pending an investigation The proposed legislation would also make it into the beatings but they did not disclose the a punishable offence to abandon a spouse outcome of the investigation. or to use coercion or intimidation to obtain a In May, a court imposed suspended spouse’s financial resources. The proposed six-month sentences on Mohand Kadi, a law establishing a state fund to assist divorced student, and Tunisian national Moez Benncir women with custody of their children whose on charges of “participating in a non-armed former husbands failed to pay them alimony gathering that may disturb public order”. was adopted by Parliament on 26 November. Police had arrested both men on 16 April At the end of the year, the other proposed near a Barakat movement demonstration in amendments were still awaiting enactment. Algiers, although both denied participating in Despite these advances, women remained it.4 Mohand Kadi’s sentence was confirmed inadequately protected from violence, on appeal. including sexual violence, under the law. For example, a provision under which men FREEDOM OF ASSOCIATION who rape girls under the age of 18 are In January, the deadline for registering granted immunity from criminal prosecution existing associations under Law 12-06 if they marry their victim remained in force. expired. The law imposed wide-ranging and Women’s rights groups continued their arbitrary restrictions on associations, including long campaign for a comprehensive law to NGOs and civil society organizations, combat violence against women. Women also and penalties of imprisonment for up to continued to face discrimination under the six months plus a fine for membership Family Code in relation to marriage, divorce, of unregistered, suspended or dissolved child custody and inheritance.5 associations. While some associations were able to register, others remained in legal limbo IMPUNITY as they waited for the authorities’ response to The authorities took no steps to investigate their registration application. thousands of enforced disappearances Amnesty International Algeria was one of and other human rights abuses committed a number of independent NGOs to file its during the internal conflict of the 1990s registration application in accordance with the and in subsequent years. Families of those procedures set out in Law 12-06 but received forcibly disappeared continued to demand no acknowledgement or other response from information about the fate of their relatives, the authorities, despite repeated requests. including on the anniversary of the vote for the Charter for Peace and National WOMEN’S RIGHTS Reconciliation, which gave immunity to The authorities took some steps to improve the security forces and criminalized public women’s rights. On 1 February, the adoption criticism of their conduct. of Decree 14-26 provided for the first time for The UN Human Rights Committee ruled financial compensation to be paid by state on five cases of enforced disappearance authorities to women raped by members of and urged the authorities to investigate them armed groups during the internal conflict thoroughly, bring the perpetrators to justice of the 1990s. At the end of the year it was and provide effective remedies to the relatives unclear how many women had received of the disappeared. compensation under Decree 14-26.

56 Amnesty International Report 2014/15 The authorities took no steps to implement REFUGEES’ AND MIGRANTS’ RIGHTS the UN Committee against Torture’s Migrants continued to face abuses including recommendations, issued in November 2013, discrimination and arbitrary deportation. on the death of Mounir Hammouche, who The government did not disclose how many died in the custody of the Department for migrants it expelled but they were reported to Information and Security (DRS) in December number several hundred, with many expelled 2006. The Committee called for an impartial without due process and safeguards. investigation into his death, with a view to Irregular or undocumented migrants ensuring the prosecution of those responsible remained vulnerable to violence, xenophobia for his torture, and for his relatives to be and expulsion. In January, a woman from afforded full redress. Cameroon was detained for illegally residing in Algeria when she went to the police in the COUNTER-TERROR AND SECURITY city of Oran to report being raped. Armed groups carried out a series of attacks Thousands of Algerian would-be migrants targeting members of the security forces. In known as “harragas”, and foreign nationals, September, the Jund al-Khalifa armed group mostly from sub-Saharan Africa, continued abducted and killed French national Hervé to attempt the hazardous sea crossing from Gourdel, and posted a video on the internet Algeria to Europe, despite a 2009 law that showing him beheaded. criminalized “illicit” exit from Algeria using The authorities and the media reported forged documents or through locations other scores of killings of members of armed groups than official border exit ports. by the security forces but disclosed few details of the circumstances in which these DEATH PENALTY killings occurred, prompting fears that some Death sentences were imposed; no may have been extrajudicial executions. executions have been carried out since 1993. The DRS, despite reports of infighting In November, Algeria voted in support of a among decision-makers over its role, UN General Assembly resolution calling for a continued to wield wide powers of arrest worldwide moratorium on the death penalty. and detention, including incommunicado detention of terrorism suspects, facilitating torture and other ill-treatment. In June, 1. Algeria: Allow rights groups to visit: No response from Algiers to the President issued Decree 14-183. This requests from UN Bodies : Joint statement (MDE 28/001/2014) established a judicial investigation service www.amnesty.org/en/library/info/MDE28/001/2014/en within the DRS charged with preventing 2. Algeria: Authorities shut down TV channel (MDE 28/003/2014) and suppressing acts of terrorism, acts that www.amnesty.org/en/documents/MDE28/003/2014/en/ undermine state security and the activities of 3. Algeria: Crackdown on peaceful assembly ahead of presidential international criminal organizations deemed elections (MDE 28/002/2014) to threaten Algeria’s national security. www.amnesty.org/en/documents/MDE28/002/2014/en/ In March, the US authorities returned Algeria: Key human rights concerns ahead of presidential elections Ahmed Belbacha to Algeria from Guantánamo (MDE 28/004/2014) Bay, Cuba, where they had imprisoned him www.amnesty.org/en/documents/MDE28/004/2014/en/ without trial for over 12 years. In 2009 an 4. Algeria: Two young men arbitrarily detained and prosecuted (MDE Algerian court sentenced him after a trial 28/006/2014) held in absentia to 20 years’ imprisonment. www.amnesty.org/en/documents/MDE28/006/2014/en/ In December, he was acquitted of terrorism 5. Algeria: Comprehensive reforms needed to end sexual and gender- charges by the Algiers criminal court. based violence against women and girls (MDE 28/010/2014) www.amnesty.org/en/documents/mde28/010/2014/en/

Amnesty International Report 2014/15 57 related to freedom of expression, association ANGOLA and assembly.

Republic of Angola HOUSING RIGHTS – FORCED EVICTIONS Head of state and government: José Eduardo dos Authorities carried out forced evictions Santos on a larger scale than in the past couple of years. At least 4,000 families had their homes demolished and were forcibly evicted Freedom of association and assembly in Luanda province. At least 700 of these continued to be suppressed. Thousands of families were left without adequate housing. families were forcibly evicted. A youth was There were also reports of evictions in other tried and acquitted for criminal defamation provinces, including Cabinda. against the President and the trial of From 20 January a reported 2,000 families another man for criminal defamation against were forcibly evicted from their homes in state officials commenced. The trial of state the Chicala neighbourhood of Luanda. The agents in connection with the disappearance houses had been earmarked for demolition of two men in 2012 started, was suspended for two years. Some of those forcibly evicted and then restarted. were rehoused in Zango in Luanda, while others were given tents in an undeveloped BACKGROUND area in Kissama, about 100km from the city. In January, President José Eduardo dos It was only in September that they received Santos became chair of the International land and iron sheets to construct houses. Conference on the Great Lakes Region. From 28 May to 6 June a reported 600 There were reports of sporadic political families had their homes demolished and violence between members of the ruling were forcibly evicted from the Areia Branca People’s Movement for the Liberation of neighbourhood of Luanda. It is believed they Angola (Movimento Popular de Libertação were evicted to make way for construction of de Angola, MPLA) and the National Union a hotel. Armed police, including riot police for the Total Independence of Angola (União and a canine brigade, reportedly beat those Nacional para a Independência Total de being evicted. Most of the residents had Angola, UNITA). lived in the area for six to 10 years and some From 28 April to 12 May, Angola hosted reported that they had legal title to the land. the 55th Ordinary Session of the African The families were moved to a location in the Commission on Human and Peoples’ Rights Samba district of Luanda and reportedly in the capital, Luanda. remained there at the end of the year in Between 16 and 31 May, Angola makeshift cardboard houses. conducted a general population and housing census. The census was the first since 1970, FREEDOM OF ASSEMBLY prior to independence. The preliminary Police and security forces used force or the results, which were released in October, set threat of force, as well as arbitrary detentions, the population at above 24.3 million with 52% to suppress peaceful demonstrations in being women. Angola.2 On a number of occasions police Angola’s human rights record was assessed detained demonstrators and beat them before under the Universal Periodic Review (UPR) leaving them hundreds of kilometres away in October.1 Angola accepted 192 out of a from where they were detained. In July, young total of 226 recommendations made. It also demonstrators began demonstrating in the took the remaining 34 recommendations informal settlements as part of what they call under further consideration, including those the project “Movement for Demonstrations

58 Amnesty International Report 2014/15 in the Musseques” (o projecto Movimento to stop shooting, but had been shot by the das Manifestações nos Musseques, MMM). police officer. An investigation into the case Musseques is the colloquial word for informal was instituted. No further information was settlements in Angola. According to the youth available by the end of the year. organizers, the movement aimed to peacefully In July a private security guard shot demonstrate for better living conditions in the and killed Lucas Tiago in Cuango, Lunda informal settlements. Norte. Police and private security guards Police reportedly beat and arrested were reportedly in the area carrying out an young people peacefully demonstrating operation against illegal diamond mining on the anniversary of the 27 May 1977 and in the process Lucas Tiago was shot in killings. About 100 people reportedly met the back. This resulted in a confrontation at Independence Square in Luanda to between the other diamond miners and demonstrate and call for commissions of the police and security guards. Police and inquiry into the 1977 killings, as well as those security guards reportedly arrested 22 miners. of three activists in 2012 and 2013. Police An investigation was instituted into Lucas detained 20 young people for several hours Tiago’s death. No further information was and reportedly beat them before leaving them available by the end of the year. in Catete, some 60km outside Luanda. On 21 June, riot police used teargas and FREEDOM OF EXPRESSION violently dispersed a peaceful protest of Authorities continued to subject individuals to the Teachers' Union, Sindicato Nacional de criminal defamation charges. The appeals of Professores (SINPROF), in Lubango and two journalists, Armando Chicoca and William arrested 20 teachers. The teachers were Tonet, against their individual convictions for demonstrating to demand overdue payment criminal defamation in 2011, had still not of their salaries. They were released on 23 been heard. June after acquittal in a summary trial. On 14 August, Manuel Nito Alves was tried and acquitted of criminal defamation UNLAWFUL KILLINGS against the President of Angola due to lack of Police and security forces continued to enjoy sufficient evidence. The charges were brought impunity for some cases of unlawful killings. against him in connection with commissioning Police and security forces were responsible T-shirts with words deemed to be offensive for unlawful killings in various provinces to the President. He had been arrested by including Luanda, Malanje, Lunda Sul and police officers and State security agents on 12 Lunda Norte. September 2013, when he was 17 years old, In May, plain-clothed police officers as he was collecting the T-shirts in the store identified as belonging to the 32nd Police where the printing had been commissioned. Station of Kilamba Kiaxi district in Luanda On 19 August, journalist and human reportedly shot and killed Manuel Samuel rights activist Rafael Marques de Morais Tiago, Damião Zua Neto “Dani” and Gosmo was arraigned before the Luanda Provincial Pascoal Muhongo Quicassa “Smith”. Court on charges of criminal libel brought Witnesses stated that the youths had been against him by the head of the Intelligence in a vehicle parked outside a canteen in the Bureau at the Presidency, six other generals 28 de Agosto neighbourhood of Kilamba and the mining company Sociedade Mineira Kiaxi. The police stopped beside the vehicle do Cuango (SMC). The charges related to and reportedly fired shots at it. Manuel a book, Diamantes de Sangue: Tortura e Samuel Tiago’s brother, who witnessed the Corrupção em Angola (Blood Diamonds: scene, reported that his brother had got Torture and Corruption in Angola) that out of the car and pleaded with the police had been published in Portugal. The book

Amnesty International Report 2014/15 59 implicates the head of the Intelligence revoked the promotion and ordered an Bureau and the six generals in human rights investigation into the process of promotion. violations in the diamond mines of the Lunda No further information regarding the trial was Norte and Lunda Sul provinces. Rafael available at the end of the year. Marques de Morais is reportedly being sued for US$1.2 million and could face a prison sentence. No trial date had been set at the 1. Angola: Amnesty International submission for the UN Universal time of writing. Periodic Review September 2014 (AFR 12/005/2014) Police beat and arrested journalists www.amnesty.org/en/library/info/AFR12/005/2014/en reporting on human rights violations. At least 2. Punishing Dissent: Suppression of freedom of association, assembly two journalists were detained for reporting on and expression in Angola (AFR 12/004/2014) police activities. www.amnesty.org/en/library/info/AFR12/004/2014/en On 2 February, police detained Queirós Anastácio Chiluvia, a journalist of the UNITA radio station, Rádio Despertar, as he attempted to report on shouts for help of detainees for a fellow detainee in the ARGENTINA Municipal Police Command of Cacuaco. Queirós Anastácio Chiluvia was reportedly Argentine Republic held for five days without charge before Head of state and government: Cristina Fernández being tried and convicted on 7 February for de Kirchner insulting the police, defamation and working illegally as a journalist. He was sentenced to six months' imprisonment which was Women continued to face obstacles to suspended for two years. accessing legal abortions. Discrimination against Indigenous Peoples remained ENFORCED DISAPPEARANCES a concern. Courts held trials for crimes The whereabouts of journalist Milocas committed during the military dictatorship. Pereira (who disappeared in 2012), Cláudio Reports of torture were not investigated. António “Ndela” and Adilson Panela Gregório “Belucho” (who both disappeared in 2013) BACKGROUND were still unknown. A trial opened into the In December 2013, the police went on strike disappearance of two men in the Luanda over pay sparking violence and looting around Provincial Court. the country. At least 18 people were killed. On 18 November the trial of eight state The violence spread across many of the 23 agents for the abduction in May 2012 and provinces; hundreds of people were injured subsequent murder of Silva Alves Kamulingue and thousands of businesses damaged. and Isaías Sebastião Cassule was restarted in Under the Universal Jurisdiction Principle, the Luanda Provincial Court. It initially started the justice system also investigated crimes on 1 September and was suspended on 4 against humanity committed during the September as one of the accused, the Head Spanish Civil War and the Franco era (1936 of the State Security and Intelligence Service to 1975). In April, the Spanish Court of at the time of the abduction, was promoted Justice rejected petitions to extradite two to the position of General reportedly by former security agents to Argentina. President Eduardo dos Santos. The trial had Also in April, in Tucumán Province, 10 to be suspended as the Luanda Provincial defendants accused of the kidnapping Court does not have the jurisdiction to try a and forced prostitution of Marita Verón in General. On 22 September, the President

60 Amnesty International Report 2014/15 2002 had their acquittals revoked and were and shot at the villagers and took over sentenced to prison terms. the community‘s holy site called “ciudad sagrada”. Seven residents were injured. The WOMEN´S RIGHTS community was trying to reclaim their sacred More than half of jurisdictions did not have land through the national judicial system. protocols in place for hospitals to guarantee At the end of the year, no one had been access to abortions, which were legal if the prosecuted for the usurpation. Investigations pregnancy resulted from sexual abuse or put into the attacks were under way. the woman´s life or health at risk. In March, the Supreme Court rejected the motion for TRANSITIONAL JUSTICE a public hearing to evaluate the necessary Throughout the country, courts conducted measures to effectively enforce its March public trials for crimes against humanity 2012 sentence, which dispelled any doubts committed under the military rule from 1976 about the legality of abortions. to 1983. In , 22 accused were In April, the authorities of a hospital in prosecuted for their alleged involvement in Moreno, Buenos Aires Province, denied a the Plan Condor, an agreement between the 13-year-old girl an abortion whose pregnancy military governments of Argentina, Bolivia, was the result of rape, due to her gestation Brazil, Chile, Paraguay and Uruguay to of 23 weeks and health, despite neither the eliminate their political opponents. World Health Organization nor international Also, trials were held for more than 100 norms specifying terms for access to this defendants accused of crimes committed in right. The abortion was finally carried out in a the clandestine detention and torture centres private facility.1 in the School of Navy Mechanics in Buenos Aires, and La Perla in Córdoba, among others. INDIGENOUS PEOPLES’ RIGHTS Although the National Constitution recognized IMPUNITY Indigenous Peoples’ rights to ancestral land 18 July marked the 20th anniversary of the and to participation in natural resource attack against the building of the Argentine management, these rights were rarely fulfilled. Israelite Mutual Association in Buenos Aires, In April, the La Primavera community (Potae which left 85 people dead. The government Napocna Navogoh) in the Formosa Province failed to provide justice and reparation to rejected the land demarcation process, the victims. Iran refused to comply with claiming that the provincial and national an Argentine court order which called for government had not respected their rights the capture of five suspects. In 2013, the to consultation and free, prior and informed Argentine and Iranian governments signed consent. At the same time, authorities an agreement to interrogate these suspects were using the judicial system to prosecute in Tehran, but the accord did not take effect. individuals fighting for their rights. The In Argentina, high-ranking officials, including leader of La Primavera, Félix Díaz, was tried former president Carlos Menem, were tried in May for the theft of two police weapons for diverting the investigation. The public trial during a 2010 community protest; he denied was pending at the end of the year. the allegations. Indigenous communities also faced violence at the hand of civilians; TORTURE AND OTHER ILL-TREATMENT perpetrators were not brought to justice. In April, the government regulated the In March, the Comunidad India Quilmes, National System for the Prevention of Torture an Indigenous community in the northwest but failed to create a National Committee, of the country, was attacked with firearms, which should have been integrated with bats and chains. Armed intruders assaulted legislators, government officials and civil

Amnesty International Report 2014/15 61 society organization representatives. The the Armenia-Azerbaijan border turned into Committee’s functions would include visiting heavy fighting resulting in the reported death detention centres and establishing criteria for of 13 Azerbaijani soldiers and five Armenians, the use of force, control of overpopulation and including two civilians. transfer regulations. On 17 July, the Armenian government Allegations of torture and other ill-treatment announced its plans to sign an agreement were not investigated, as in the cases of joining the Russia-led Eurasian Economic prisoners Marcelo Tello and Iván Bressan, Union by the end of the year, after it had imprisoned in the province of del opted out of signing the EU Association Estero.2 Agreement in 2013. In Mendoza, there were recurring reports of torture but no one was brought to justice. A FREEDOM OF ASSEMBLY number of jails were overcrowded and some Police broke up peaceful protests using prisoners were kept in isolation for more than excessive force on a number of occasions 20 hours a day.3 throughout the year. On 7 March, hundreds gathered outside the Ministry of Finance to protest against a controversial pension reform 1. Argentina: Deben investigarse denuncias de tortura en Santiago proposal. Police dispersed the peaceful del Estero protesters using excessive force. Three www.amnistia.org.ar/noticias-y-documentos/archivo-de-noticias/ persons were arrested, fined and released argentina-99 the next day; two were allegedly ill-treated 2. Argentina: La provincia de Mendoza tiene la obligación de investigar while in detention. On 23 June, police las denuncia de tortura en las cárceles violently dispersed around 50 demonstrators www.amnistia.org.ar/noticias-y-documentos/archivo-de-noticias/ in Yerevan protesting against electricity price argentina-103 increases, arresting 27. Later the same day, 3. Argentina: El acceso al aborto no punible debe ser garantizado en la police officers physically assaulted three provincia de Buenos Aires y entodo el país journalists waiting for the release of protesters www.amnistia.org.ar/noticias-y-documentos/archivo-de-noticias/ outside the Kentron police station. argentina-91 WOMEN’S RIGHTS On 5 November, staff of the NGO Women’s Resource Centre and other women’s rights activists were threatened and verbally ARMENIA assaulted as they were leaving a court room where they had been assisting a victim of Republic of Armenia domestic violence. In 2013, the Women’s Head of state: Serzh Sargsyan Resource Centre had received anonymous Head of government: Hovik Abrahamyan death threats following its calls for gender equality legislation. No effective investigations into either of these incidents had been Peaceful protesters were dispersed by police conducted by the end of the year. using excessive force in several instances. Activists working on controversial issues RIGHTS OF LESBIAN, GAY, BISEXUAL, were threatened and attacked. TRANSGENDER AND INTERSEX PEOPLE The adoption of a draft bill prohibiting all BACKGROUND forms of discrimination was put on hold, while Between July and August, skirmishes in the provisions expressly prohibiting discrimination disputed region of Nagorno-Karabakh along on the basis of sexual orientation were

62 Amnesty International Report 2014/15 removed. The anti-discrimination bill was drafted as part of the requirements for AUSTRALIA Armenia’s EU Association membership, but was abandoned after the government Australia opted instead to join the Russia-led Eurasian Head of state: Queen Elizabeth II, represented by Economic Union. Sir Peter Cosgrove (replaced Quentin Bryce in On 25 July 2013, a court in Yerevan March) sentenced two young men who threw Molotov Head of government: Tony Abbott cocktails into a lesbian, gay, bisexual, transgender and intersex people friendly bar to two-year suspended sentences. Despite Australia’s hard-line approach to asylum- admitting the homophobic motives behind seekers continued, with those arriving their attack, both men were amnestied in by boat either sent back to their country October 2013. of departure, transferred to offshore immigration detention centres, or detained CONSCIENTIOUS OBJECTORS in Australia. Indigenous Peoples continued By the end of the year, all 33 Jehovah’s to be heavily over-represented in prisons Witnesses who had been detained for refusing despite comprising only a fraction of to perform alternative service in previous the population, with Indigenous youth years were released and required to perform being imprisoned at 25 times the rate of alternative service. non-Indigenous youth. Regressive new legislation, introduced in the name of TORTURE AND OTHER ILL-TREATMENT counter-terrorism and security, failed to Local human rights defenders continued to protect the rights to privacy and freedoms of raise concern over high numbers of reported expression and movement. beatings and ill-treatment in police custody. Authorities still had to effectively investigate REFUGEES AND ASYLUM-SEEKERS the allegations of ill-treatment in custody of Australia maintained its offshore processing the opposition leader Shatn Harutyunyan. policy, transferring anyone who arrived by Shatn Harutyunyan and 13 other activists boat after 19 July 2013 to Australian-run were arrested following clashes with the immigration detention centres on Papua police on 5 November 2013, when they New Guinea’s Manus Island or Nauru. were attempting to march to the presidential By 1 December 2014, approximately building. Allegations of ill-treatment by two 2,040 asylum-seekers were detained in activists detained during protests on 7 March these centres, including 155 children on also remained without effective investigation. Nauru. Violence and possibly inadequate medical treatment resulted in the deaths of two asylum-seekers at the Australian-run immigration detention centre on Manus Island (see Papua New Guinea entry). Australia continued to turn away boats containing asylum-seekers. By September, 12 boats with 383 people on board had been turned back at sea. An additional two boats were returned directly to Sri Lanka. In October, the government introduced legislation to “fast track” the processing of over 24,000 asylum applications that had

Amnesty International Report 2014/15 63 been suspended. The legislation removed as places where a listed terrorist organization a number of important safeguards and will was engaged in “hostile activity”, while allow people to be returned to other countries shifting the evidentiary burden on to the regardless of Australia’s non-refoulement accused. The operation of controversial obligations under international law. preventative detention and control orders Australia also maintained its mandatory were extended and an ill-defined offence of detention policy for those arriving without “advocating” terrorism introduced. valid visas. By 1 December, there were 3,176 individuals in detention centres in mainland TORTURE AND OTHER ILL-TREATMENT Australia and on Christmas Island, including Australia had its fifth periodic review 556 children. In August, the government before the UN Committee against Torture announced it would transfer the majority in November. The Committee criticized of children and their families from onshore Australia for continuing with its policies of detention centres to the community on mandatory detention and offshore processing bridging visas. of asylum-seekers. It also raised concerns about overcrowding in prisons and the INDIGENOUS PEOPLES’ RIGHTS disproportionately high rates of Indigenous Due to the failure of successive governments incarceration. The Committee called on to effectively address Indigenous Australia to swiftly ratify the Optional Protocol disadvantage, Indigenous Peoples continued to the Convention against Torture. to be over-represented in prisons. They comprised 27.4% of adults and 57.2% of juveniles in prisons, despite accounting for just 2.3% of all adults and 5.5% of youth in the general population. AUSTRIA In August, a young Aboriginal woman died in police detention in Western Australia when Republic of Austria she was returned to custody twice by the local Head of state: Heinz Fischer hospital with serious internal injuries. She Head of government: Werner Faymann had been detained to pay a fine, a policy that disproportionately affects Indigenous Peoples. Between September and December, the Chronic neglect of detainees in preventive Western Australian government demolished detention was exposed. Inquiries were the majority of buildings in the remote ongoing into allegations of excessive use Aboriginal community of Oombulgurri of force by police during demonstrations. following a 2011 forced eviction. Many remote Second-partner adoption was made legal communities across Australia were at risk for same-sex partners. Protection gaps following the Federal government’s decision remained in anti-discrimination legislation. in September to discontinue funding essential A new humanitarian programme to grant and municipal services. refugee status to 1,000 Syrian nationals was launched. Asylum procedures remained COUNTER-TERROR AND SECURITY long and the provision of independent legal National laws were introduced broadening advice to asylum-seekers was inadequate. intelligence agency powers, monitoring Austria ratified the Council of Europe online activity and preventing the reporting Convention on preventing and combating of unlawful conduct by members of those violence against women and domestic agencies. New laws criminalized travel to violence and the Arms Trade Treaty. areas abroad designated by the government

64 Amnesty International Report 2014/15 PRISON CONDITIONS REFUGEES, ASYLUM- Media investigations exposed structural SEEKERS AND MIGRANTS shortcomings in the juvenile prison and In April, Austria launched a new humanitarian preventive detention systems. In May, reports admission programme for 1,000 Syrian of the neglect of detainees prompted the refugees from countries neighbouring Syria Minister of Justice to accelerate the planned and committed to granting refugee status to reform of the preventive detention system all upon arrival. for dangerous offenders. Recommendations The asylum procedure remained long, issued in October 2013 by a taskforce on often lasting several years. The authorities the detention of juveniles, established by failed to ensure effective and adequate the Ministry of Justice, were gradually being access for all asylum-seekers to independent implemented. Also in May, media reports legal advice throughout the procedure. revealed that in Stein prison a 74-year-old Asylum-seekers’ access to adequate man held in preventive detention since housing, social benefits and health care 2008 had been gravely neglected for several remained inadequate. Conditions in some months, including being left without medical reception centres were reportedly poor and care. Criminal investigations were opened unhygienic and in some cases amounted to against prison officials and guards. degrading treatment.

POLICE AND SECURITY FORCES In January and May, clashes between police and protesters prompted allegations that police used excessive force to AZERBAIJAN contain demonstrators. An inquiry by the Ombudsman Board was ongoing. In May, Republic of Azerbaijan the Minister of the Interior told media that Head of state: Ilham Aliyev police officers could be equipped with body Head of government: Artur Rasizade cameras. A group of experts was instructed to look into their use. The Minister reiterated the government’s rejection of a compulsory At least six prominent human rights identification system for police officers. defenders were imprisoned and leading human rights organizations forced to shut DISCRIMINATION down or cease their activities. Independent Legal amendments were introduced to allow journalists continued to face harassment, same-sex couples to adopt each other’s violence and trumped-up criminal charges. biological children, following a European Freedom of assembly remained restricted. Court of Human Rights judgment in February There were frequent reports of torture and 2013. In all other circumstances, adoption other ill-treatment. continued to be denied to same-sex couples. Despite the government’s commitment in FREEDOM OF ASSOCIATION the UN Universal Periodic Review follow-up NGO leaders continued to face threats and process to fill protection gaps, the Anti- harassment from the authorities, including Discrimination Law did not ensure equal raids by security forces, the confiscation of protection against all forms of discrimination. equipment and imposition of travel bans. At Gaps remained in particular as to protection least 10 leading human rights NGOs were against discrimination on the basis of religion prevented from operating as their bank and belief, age and sexual orientation in the accounts were frozen under a high-profile access to goods and services. criminal investigation from May onwards.

Amnesty International Report 2014/15 65 Additional restrictions concerning NGO innocence at the time of detention, although registration and activities were introduced in some later made confessions, allegedly under the law and used arbitrarily to open criminal duress. Shahin Novruzlu and Bakhtiyar proceedings against several NGO leaders. Guliyev were released on 18 October under On 13 May, the Prosecutor General’s Office a presidential pardon after they had sent launched an investigation into a number of clemency appeals to the President, thereby foreign and local NGOs leading to the arrest “recognizing” their crimes. Activists Zaur of six prominent human rights defenders in Gurbanli and Uzeyir Mammadli were released connection with their organizations' activities. on 29 December following a presidential pardon. Mammad Azizov, Rashad Hasanov, PRISONERS OF CONSCIENCE Rashadat Akhundov, Ilkin Rustamzade and The authorities continued to imprison Omar Mammadov remained imprisoned. government critics, political activists and Opposition activists Ilgar Mammadov, Tofig journalists. At the end of the year, there were Yagublu and Yadigar Sadigov, arrested in at least 20 prisoners of conscience. 2013 on charges of inciting public disorder Journalist Hilal Mammadov, sentenced and hooliganism, were given prison sentences in earlier years under charges of drug of seven, five and six (reduced to four on possession and , remained in prison. appeal) years respectively. On 22 May, the Khadija Ismayilova, an outspoken European Court of Human Rights ruled that investigative journalist who had published the actual purpose of Ilgar Mammadov’s extensively on corruption and human rights arrest was to “silence or punish” him for violations, was arrested on 5 December on criticizing the government. charges of “inciting someone to attempt In a major crackdown on human rights suicide”. She also faced separate charges of activists, six prominent NGO leaders were criminal libel. Khadija Ismayilova had been remanded on charges of fraud, illegal previously targeted and harassed by the entrepreneurship and “abuse of power". authorities, including with the imposition of a On 26 May, Anar Mammadli, chairman, travel ban prior to her arrest. and Bashir Suleymanli, executive director, Online and social media activities critical of the Election Monitoring and Democracy to the authorities continued to be prosecuted Studies Centre (EMDS) were sentenced to five on fabricated charges, typically drugs-related. years and six months’ and three years and Among these cases were Abdul Abilov and six months’ imprisonment respectively. EMDS Rashad Ramazanov, both arrested and had exposed electoral violations during the sentenced in 2013, to five and a half and nine presidential election in October 2013. years in prison respectively. Political activist Prominent human rights defender Leyla Faraj Karimov, who co-ordinated popular Yunus, director of the Peace and Democracy Facebook groups calling for the resignation Institute, was arrested on 30 July, followed by of the President, and his brother Siraj her husband Arif Yunus’ arrest on 5 August. Karimov, were arrested in July on spurious They were charged with “crimes” relating drugs charges. to their NGO work, including treason in Nine activists from the pro-democracy connection with activities to promote peace youth organization NIDA were arrested and reconciliation with Armenia over the between March and May 2013 and in disputed Nagorno-Karabakh region. January 2014 on trumped-up charges Rasul Jafarov, founder of the NGO Human ranging from illegal drugs and weapon Rights Club (HRC), was arrested on 2 August. possession to organizing public disorder. They HRC had been denied registration since were sentenced to imprisonment ranging its establishment in 2010. Intigam Aliyev, a from six to eight years in May. All claimed human rights lawyer renowned for helping in

66 Amnesty International Report 2014/15 dozens of cases reaching the European Court Protesters were beaten and dragged into of Human Rights (ECtHR), was arrested on 8 police cars. Six were arrested, including August 2014. two minors who were released the same Former prisoners of conscience, human day. The remaining four were sentenced to rights defenders Bakhtiyar Mammadov administrative detention ranging from 10 to and Ihlam Amiraslanov, were released 15 days. on 9 December 2013 and 26 May 2014 On 6 May, some 150 people gathered respectively under presidential pardon. Youth peacefully outside the court building in Baku activist Dashgin Melikov was released on where NIDA activists were standing trial but parole on 8 May 2014, and journalist Sardar were forcefully dispersed by plain-clothed Alibeyli was released on 29 December 2014. and uniformed police officers. At least 26 protesters, including one journalist, were FREEDOM OF EXPRESSION dragged into a bus and taken to a police Independent journalists continued to face station. Five were sentenced to administrative threats, violence and harassment. On 26 detention ranging from 15 to 30 days, and December, the offices of Radio Free Europe/ 12 protesters received fines of 300-600 Radio Liberty’s Azerbaijani service were manats (US$380-760) for participating in an raided and sealed off by members of the “unauthorized demonstration". Prosecutor’s Office without official explanation after confiscating documents and equipment. TORTURE AND OTHER ILL-TREATMENT Twelve radio employees were detained Torture and other ill-treatment was frequently and questioned, and released after signing a reported, but allegations were not effectively document on non-disclosure. investigated. On 21 August, journalist and NGO activist Kemale Benenyarli, an activist of the Ilgar Nasibov was severely beaten by several opposition party Azerbaijani Popular Front men who stormed the office of the Democracy Party, was arrested on 6 May during the NIDA and NGO Development Resource Centre trial. She complained of beating and other ill- in Nakhichevan, an autonomous exclave of treatment inside Nasimi District Police Station Azerbaijan. He suffered severe head injuries, after she refused to sign a “confession" including broken facial bones. The authorities written by the police. She was punched, opened an investigation against one alleged dragged and locked in a cell, where she was assailant. Charges were also brought against kept without food or water until her trial the Ilgar Nasibov for allegedly stepping on the following morning. Another arrested protester, assailant’s foot first. Orkhan Eyyubzade, reported being stripped naked, dragged by the hair, punched, kicked FREEDOM OF ASSEMBLY and threatened with rape after he engaged Demonstrations remained effectively in an argument with police officers during his prohibited outside officially designated, and detention on 15 May. typically remote, areas. In central Baku, the Three of the arrested NIDA activists, capital, law enforcement authorities used Mahammad Azizov, Bakhtiyar Guliyev and violence and excessive force to prevent and Shahin Novruzlu, appeared on national break up “unauthorized", peaceful assemblies television on 9 March 2013, “confessing” throughout the year. their plans to use violence and cause disorder On 1 May, around 25 youth activists during a forthcoming “unauthorized" street peacefully gathered in Sabir Garden, in Baku, protest. Mahammad Azizov told his lawyer to commemorate May Day. Within minutes, that he had been forced to “confess” under dozens of plain-clothed and uniformed police threats of prosecution against members of officers violently broke up their assembly. his family. Shahin Novruzlu, who was 17

Amnesty International Report 2014/15 67 at the time, was questioned without the In March, the Bahamas rejected a call for presence of his legal guardian. Four of his abolition of the death penalty and reiterated front teeth were missing as a result of beating its retentionist position at the OAS. when he subsequently appeared in court. No investigation was launched into his ill- EXCESSIVE USE OF FORCE treatment. Torture or other ill-treatment and excessive use of force by police officers continued to be reported. In April, Leslie Louis required medical treatment after police attempted to arrest BAHAMAS him. He was allegedly beaten, but was not charged with any criminal offence. When Commonwealth of the Bahamas his sister asked the police why he was being Head of state: Queen Elizabeth II, represented by interrogated, she was pushed and grabbed by Dame Marguerite Pindling (replaced Sir Arthur the throat. Alexander Foulkes in July 2014) Head of government: Perry Gladstone Christie DEATHS IN CUSTODY By the end of the year, no judicial sentence had been handed down in the case of Aaron There were calls for resumptions in Rolle who died in police custody in February executions. Excessive use of force was 2013. In May 2013, the coroner’s inquest reported and sentences had yet to be found the death to be an “unlawful killing”. handed down in cases of torture or other ill-treatment in detention. REFUGEES' AND MIGRANTS' RIGHTS The sentencing of five marines before a BACKGROUND military court in November 2013 was still A referendum on amendments to the pending at the end of the year. They were Constitution on gender equality was charged following allegations of ill-treatment postponed until 2015. The referendum of Cuban asylum-seekers at the Carmichael followed recommendations made in a 2013 Road Detention Centre in May 2013. report by the Constitutional Commission, and A new migration policy put in place on had originally been scheduled for November 1 November resulted in dozens of arbitrary 2014. There was opposition to these detentions of migrants, disproportionately amendments, including from local churches, targeting Haitians and Bahamian-Haitian due to concern that they would allow same- communities with the risk of deportation sex marriage. without due process. Violent crime continued to rise. In 2013, police reported the second highest homicide RIGHTS OF LESBIAN, GAY, BISEXUAL, rate since 2000, with 120 murders. No TRANSGENDER AND INTERSEX PEOPLE further statistics on homicide rates were In February, the Minister of Foreign Affairs published in 2014. and Immigration publicly advocated for greater tolerance in member states of the DEATH PENALTY Caribbean Community (CARICOM) towards There had been no executions in LGBTI people. In August, the Bahamas’ first the Bahamas since 2000. Hundreds ever Pride event was cancelled due to threats demonstrated in 2014 for the resumption of and intimidation against the organizers. executions in order to reduce crime.

68 Amnesty International Report 2014/15 WOMEN’S RIGHTS banned the “14 February Coalition”, a youth Despite promises made during the Bahamas’ movement, and two other organizations 2013 UN Universal Periodic Review (UPR) declaring them terrorist groups. to criminalize marital rape, no legislation had Bahrain’s first parliamentary elections since been approved by the end of the year. unrest broke out in 2011 were held on 22 November but were boycotted by the main opposition, led by al-Wefaq National Islamic Society, the largest Shi’a political association. Amendments to anti-terrorism legislation BAHRAIN adopted in December increased police powers, allowing them to detain terrorism Kingdom of Bahrain suspects incommunicado for up to 28 days. Head of state: King Hamad bin ‘Issa Al Khalifa Representatives of the UN High Head of government: Shaikh Khalifa bin Salman Al Commissioner for Human Rights visited Khalifa Bahrain from February to May to assess human rights training needs. In September, the government issued a mid-term The government continued to stifle and review of its progress in implementing punish dissent and to curtail freedoms recommendations it had accepted at the UN of expression, association and assembly. Universal Periodic Review of Bahrain in 2012. Security forces used excessive force to disperse protests, killing at least two people. FREEDOM OF EXPRESSION Opposition activists sentenced after unfair The authorities continued to clamp down trials in previous years continued to be on dissent. In February, shortly before the held, including prisoners of conscience. third anniversary of the outbreak of public Torture of detainees continued and a protests in 2011, the government increased climate of impunity prevailed. Twenty-one the penalty for publicly insulting the King, Bahrainis convicted on terrorism charges the Bahraini flag or the national emblem to were stripped of their nationality. The courts between one and seven years in prison and a sentenced five people to death; there were heavy fine. no executions. Dr Sa’eed Mothaher Habib al-Samahiji, an ophthalmologist, was arrested on 1 July to BACKGROUND serve a one-year prison term imposed on him Tension between the Sunni-dominated in December 2013 on a charge of “publicly government and main opposition political insulting the King” in a speech at the funeral associations remained high throughout the of a protester killed by a police car. He was year following the suspension in January of held at Jaw Prison, south of Manama, at the the National Dialogue initiative. There were end of the year. new protests by activists from the Shi’a Other prisoners of conscience held at majority population demanding political Jaw Prison included opposition leaders reform, including some violent protests, and human rights activists sentenced after to which the security forces frequently unfair trials in previous years. Human rights responded with excessive force, including defender Nabeel Rajab was released in shotgun fire. In March, a bomb explosion May after completing a two-year prison term at al-Daih village killed three police officers. for “illegal gathering” but was rearrested In December, bomb attacks in the villages in October on charges of insulting public of Karzakan and Demistan killed a police institutions. He was released on bail in officer and another person. The government November but banned from travel, pending

Amnesty International Report 2014/15 69 a court verdict on his case in January 2015. al-Wefaq for three months. The court action Activist Zainab Al-Khawaja was arrested in began shortly after the Public Prosecution October and sentenced in November and charged al-Wefaq’s leader, Ali Salman, December to prison terms totalling four years and his deputy with “meeting foreign officials and four months, including three years on without notifying” the government, after they a charge of “insulting the King”. She was met with the visiting US Assistant Secretary at liberty at the end of the year awaiting the of State for Democracy, Human Rights and outcome of an appeal. Women’s rights activist Labor, Tom Malinowski. In late December, Ghada Jamsheer, arrested in September, the authorities arrested Sheikh Ali Salman faced trial on various charges, including on charges including incitement to promote assaulting a police officer. She was released the change of the political system by force, on bail in December. threats and other illegal means.

FREEDOM OF ASSEMBLY DEPRIVATION OF NATIONALITY All public gatherings in the capital Manama In July, the King decreed amendments to the remained indefinitely banned under 1963 Nationality Law giving the courts new government decrees issued in 2013. powers to strip Bahrainis of their nationality, However, sporadic protests were held in other including if they are convicted of terrorism places. The security forces arrested scores offences. The law also allowed the authorities of people for participating in protests; some to revoke the nationality of people who live received prison sentences. abroad continuously for more than five years Ahmad Mshaima’ stood trial in May, five without informing the Ministry of the Interior. months after his arrest, charged with “illegal Twenty-one people had their nationalities gathering with an intent to commit crimes revoked by the courts in 2014. In August, the and disturb public security”. He alleged that High Criminal Court revoked the citizenship security officials tortured him in the days of nine Bahraini men after it convicted them following his arrest, but the authorities did not on terrorism-related charges. They also investigate his allegations. He was released received prison sentences of up to 15 years on bail in June but rearrested in November after the court convicted them partly on the and sentenced in December to one year’s basis of “confessions” that some defendants imprisonment on a charge of “insulting alleged had been obtained through torture. the King”. In October, a court sentenced to deportation In December, human rights defender several people whose Bahraini nationality Mohammad al Maskati and 10 other was arbitrarily revoked in 2012. The court defendants were sentenced to six-month considered that they had remained in the prison terms on charges of “illegal gathering”. country illegally after their nationality was revoked. Their appeal was set for April 2015. FREEDOM OF ASSOCIATION The government restricted freedom of TORTURE AND OTHER ILL-TREATMENT association using new powers that allowed Torture continued to be reported despite the Minister of Justice to suspend or dissolve the establishment of a number of official political associations on vague grounds. bodies to investigate allegations of torture The Minister filed suspension cases against and other ill-treatment in custody. In some two main political opposition associations, instances, detainees complained that police Wa’ad and al-Wefaq, for alleged irregularities or other security officials violently assaulted during their activities. The Ministry of Justice them during arrests and house searches, or dropped its case against Wa’ad in November. while they were being transported to police In October a court ordered the suspension of stations or prisons in police vehicles, and

70 Amnesty International Report 2014/15 during interrogation by Criminal Investigations prosecutions of low-ranking officers, the Directorate officers, when they were held security forces operated with a large degree without access to their lawyers and families of impunity amid continuing reports of torture for several days. Methods of torture reported of detainees and the use of excessive force included severe beating, punching, electric against protesters. The authorities prosecuted shocks, suspension by the limbs, rape and eight police officers in connection with the threats of rape, and deliberate exposure to killing of one person and the death in custody extreme cold. of another. One officer, charged with assault, Mohamed ‘Ali al-‘Oraibi alleged that was acquitted; the others remained on trial security officials tortured him over five days at the end of the year. In the two years since following his arrest on 2 February at Manama trials of members of the security forces International Airport when he arrived from began, a total of 15 security officers were abroad. He said officials kept him naked acquitted of torturing or killing protesters and while they interrogated him, subjected him six were sentenced to between six months’ to electric shocks on his genitals, suspended and three years’ imprisonment in relation to him by his limbs and beat him with a stick, deaths in custody and killings of protesters. and sexually assaulted him. He was released Two officers accused of causing the death on 17 April, pending further investigations. of 16-year-old Hussein al-Jazairi at a protest He complained to the authorities but no on 14 February 2013 in al-Daih reportedly investigation into his alleged torture was remained at liberty and did not stand trial in known to have been conducted. 2014. They faced charges of assault resulting in death, but were released on bail in May EXCESSIVE USE OF FORCE 2013 by the High Criminal Court. Hussain In March a royal decree (Decree 24 of al-Jazairi died after he was hit in the chest by 2014) was issued regulating the use of force shotgun pellets fired at close range. and firearms. In September, the High Court of Justice The security forces regularly used in England quashed a ruling by the United excessive force to disperse opposition Kingdom (UK) Crown Prosecution Service that protests. Among other methods, they fired the King of Bahrain’s son, Prince Nasser bin shotguns and tear gas at protesters, causing Hamad Al Khalifa, had diplomatic immunity injuries and at least two deaths. in the UK. The High Court ruled that he Sayed Mahmoud Sayed Mohsen, aged 14, could face prosecution in the UK for alleged died on 21 May after security forces fired tear complicity in torturing detainees in 2011 if he gas and shotguns at protesters participating in entered the UK. a funeral procession on the island of Sitra. His family said he had shotgun pellets in his chest DEATH PENALTY suggesting that he had been shot at close The death penalty remained in force for range. The Ministry of the Interior announced murder and other crimes. The courts passed an investigation but had not disclosed its five death sentences during the year, one of outcome by the end of the year. which was annulled by the Court of Appeal in December. There were no executions. IMPUNITY Mahir Abbas al-Khabaz was sentenced to The number of investigations into torture and death on 19 February after he was convicted other ill-treatment of detainees remained of killing a police officer in 2013. The court low and the authorities continued to detain accepted a “confession” allegedly obtained some of those that the Bahrain Independent through torture as evidence against him. An Commission of Inquiry said had been appeal court confirmed his death sentence tortured in 2011. In practice, despite a few

Amnesty International Report 2014/15 71 and he was awaiting a final decision by the regardless of the strength of the evidence Court of Cassation at the end of the year. presented against them.

ENFORCED DISAPPEARANCES The exact number of people who were forcibly disappeared was not known; some estimates BANGLADESH suggested over 80. Of the documented cases of 20 people subjected to enforced People’s Republic of Bangladesh disappearance between 2012 and 2014, nine Head of state: Abdul Hamid people were subsequently found dead. Six Head of government: Sheikh Hasina had returned to their families after periods of captivity lasting from weeks to months, with no news of their whereabouts until Dozens of people were forcibly disappeared. their release. There was no news about the Journalists and human rights defenders circumstances of the other five. continued to be attacked and harassed. Following the enforced disappearance Violence against women was a major human and subsequent killing of seven people in rights concern. Police and other security Narayanganj in April, three officers of the forces committed torture with impunity. Rapid Action Battalion (RAB) were detained Factory workers continued to be at risk and investigated for their alleged involvement owing to hazardous safety standards in in abductions and killings; this rose to at the workplace. At least one person was least 17 RAB officers by the end of the year. executed with no right to appeal against his This was the first such action since the death sentence. formation of the battalion in 2004. Amnesty International welcomed the investigation as BACKGROUND a move towards holding law enforcement The government of Prime Minister Sheikh officials accountable for alleged human rights Hasina continued in office after her party, violations. However, concerns continued the Awami League, was declared the winner that the government might drop the cases in the January elections. The elections if public pressure to bring them to justice were boycotted by the opposition party, the lessened. Apart from this case, there were no Bangladesh Nationalist Party, and its allies. clear indications of a thorough investigation More than 100 people were killed during into other incidents such as the unexplained opposition protests against elections, some abduction and killing of Abraham Linkon in after police opened fire on demonstrators February.1 who were often violent. None of these deaths were believed to have been investigated. FREEDOM OF EXPRESSION Supporters of opposition parties reportedly The government’s use of Section 57 of the attacked bus commuters with petrol bombs, Information and Communication Technology killing at least nine people and injuring (ICT) Act severely restricted the right to many others. freedom of expression. Under this section, Verdicts by the International Crimes those convicted of violating the Act could Tribunal, a Bangladeshi court set up in be sentenced to a maximum of 10 years in 2009 to try crimes committed during the prison if the charges were brought against 1971 Bangladesh independence war, were them before 6 October 2013; at that time, delivered amid a highly polarized political an amendment not only increased the atmosphere. Supporters of these trials maximum punishment to 14 years in prison demanded death sentences for those on trial

72 Amnesty International Report 2014/15 but also imposed a minimum punishment of 100 of those women were raped, of whom seven years. 11 were then killed. More than 40 were Section 57 of the ICT Act criminalized subjected to physical violence because a wide array of peaceful actions such their families could not provide the dowry as criticizing Islamic religious views in a demanded by the husband or his family, 16 newspaper article or reporting on human of whom died from their injuries. Women and rights violations. At least four bloggers, two girls were also subjected to domestic violence, Facebook users and two officials of a human acid attacks and trafficking. rights organization were charged under Section 57 of the ICT Act during 2013-2014. TORTURE AND OTHER ILL-TREATMENT They included bloggers Asif Mohiuddin, Torture and other ill-treatment was Subrata Adhikari Shuvo, Mashiur Rahman widespread and committed with impunity. Biplob and Rasel Parvez; and human Police routinely tortured detainees in rights defenders Adilur Rahman Khan and their custody. Methods included beating, Nasiruddin Elan. suspension from the ceiling, electric shocks More than a dozen media workers, to the genitals and, in some cases, shooting including journalists, said that they had been detainees’ legs. At least nine people died in threatened by security agencies for criticizing police custody between January and July the authorities. The threats were usually in 2014, allegedly as a result of torture. phone calls directly to the journalists, or via messages to their editors. Many journalists WORKERS’ RIGHTS and talk show participants said they exercised Safety standards in factories and other self-censorship as a result. workplaces were dangerously low. At least Freedom of expression was also threatened 1,130 garment workers were killed and at by religious groups. In at least 10 instances, least 2,000 more injured when Rana Plaza, a these groups were reported to have spread nine-storey building that housed five garment rumours that a certain individual had factories, collapsed on 24 April 2013. It later used social media to insult , or had emerged that managers had ordered workers engaged in allegedly anti-Islamic activity to go into the building that day despite it in the workplace. At least five people were having been closed on the previous day after subsequently attacked; two were killed and cracks had appeared in the walls. A similar others sustained serious injuries. The two incident had occurred in 2012, when at least killed were Ahmed Rajib2 and a Rajshahi 112 workers died in a fire at the Tazreen University teacher, AKM Shafiul Islam, who Fashions factory in Dhaka after managers died of stab wounds in November 2014, stopped them from escaping, saying it was a allegedly perpetrated by members of a group false alarm. who denounced his opposition to female Initiatives to provide compensation to students wearing burqa in his class as the victims of workplace disasters involving “un-Islamic”. the government, global brands and the ILO proved insufficient, and survivors continued VIOLENCE AGAINST WOMEN AND GIRLS to struggle to support themselves and Violence against women remained a major their families. human rights concern. A women’s rights organization, Bangladesh Mahila Parishad, DEATH PENALTY said its analysis of media reports showed that Courts continued to impose death sentences. at least 423 women and girls were subjected Eleven were imposed by the International to various forms of violence in October 2014 Crimes Tribunal. One death sentence was alone. The organization said that more than imposed directly by the Supreme Court

Amnesty International Report 2014/15 73 after the government appealed against the regardless, in violation of their obligations defendant’s life sentence by the Tribunal. He under the International Covenant on Civil was executed in December 2013. Prisoners and Political Rights (ICCPR). One other man, whose death sentences were upheld on Eduard Lykau, was a death row prisoner at appeal were at imminent risk of execution. the end of the year. In October, the UN Human Rights Committee ruled that the execution of Vasily 1. Bangladesh: Stop them, now! Enforced disappearances, torture and Yuzepchuk in 2010 constituted a violation of restrictions on freedom of expression (ASA 13/005/2014) his right to life under Article 6 of the ICCPR. www.amnesty.org/en/documents/asa13/005/2014/en/ It was the third such ruling by the Committee 2. Bangladesh: Attacks on journalists rise with tension around war against Belarus. The Committee also found crimes tribunal (PRE 01/085/2013) that he had been subjected to torture in order www.amnesty.org/en/articles/news/2013/02/bangladesh/ to extract a confession, that his right to a fair trial had been violated and that his trial had failed to meet the necessary criteria for independence and impartiality. BELARUS FREEDOM OF EXPRESSION – MEDIA Freedom of expression was severely Republic of Belarus restricted. The media remained largely under Head of state: Alyaksandr Lukashenka state control and was used to smear political Head of government: Mikhail Myasnikovich opponents. Independent media outlets were harassed, and bloggers, online activists and journalists were subjected to administrative Belarus remained the only country in and criminal prosecution. State-run Europe to carry out executions. Opposition distribution outlets refused to disseminate politicians and human rights activists were independent periodicals and internet activity detained for legitimate activities. The right remained closely monitored and controlled. to freedom of expression was severely In April, the authorities started using Article restricted and journalists faced harassment. 22.9 of the Administrative Code (“unlawful Severe restrictions on freedom of assembly creation and dissemination of mass media remained in place. NGOs continued to be produce”) to prosecute freelance journalists arbitrarily denied registration. writing for media outlets based outside Belarus, claiming that they required formal DEATH PENALTY accreditation as foreign journalists with the Following 24 months in which there were Ministry of Foreign Affairs. no executions, at least three men were On 25 September, Maryna Malchanava executed in secrecy. Pavel Selyun and was fined 4,800,000 roubles (US$450) Ryhor Yuzepchuk, both sentenced to by a court in Babruisk after an interview death in 2013, were executed in April and she had recorded locally was broadcast by Alyaksandr Haryunou was executed in Poland-based satellite TV channel, Belsat. At November. Judicial appeals and appeals sent least three other Belarusian journalists were to the President asking for clemency were fined similar amounts under Article 22.9 rejected. In all cases, the UN Human Rights and several others received police warnings Committee requested that the sentences not or had administrative proceedings opened be carried out until it had considered the against them. respective communications; the Belarusian authorities proceeded with the executions

74 Amnesty International Report 2014/15 FREEDOM OF ASSEMBLY Chernobyl nuclear disaster. They were The Law on Mass Events remained charged with “petty hooliganism” and unchanged, effectively prohibiting street “disobeying police orders”. Eight others, protests including by a single individual all known for their political activism, were despite continuing calls from UN human detained in the days before the march rights mechanisms for Belarus to review its under similar charges. They included former restrictive legislation on public assemblies prisoner of conscience Zmitser Dashkevich, and to decriminalize the organization of public who had ended a three-year prison term in events without official permission. Peaceful August 2013. Arrested outside his home on protesters were repeatedly arrested and 24 April, Dashkevich was sentenced to 25 sentenced to short periods of detention. days’ administrative detention for “disobeying The annual rally to mark the anniversary police orders” and “violating restrictions of the Chernobyl disaster took place in April. imposed on him following his release from According to civil society representatives, prison”. His detention lasted almost the entire 16 participants were arbitrarily detained in period of the championship. connection with the event. They included Long-term prisoner of conscience and Yury Rubtsou, an activist from Homel, who former presidential candidate Mikalai was detained for wearing a T-shirt with the Statkevich was awaiting transfer to a penal slogan “Lukashenka, leave!” and accused of colony, scheduled for January 2015, “failing to obey police orders” and “swearing”. to complete his six-year sentence for He was sentenced to 25 days' administrative participating in post-election demonstrations. detention in a trial in which he appeared Originally sentenced in 2011, he was topless after police had confiscated his transferred to a strict regime prison in T-shirt. In August a criminal case was opened January 2012. against him, purportedly for insulting the Eduard Lobau, an activist and member judge during his earlier court appearance, of youth organization Malady Front, was and in October he was sentenced in a released in December having completed a closed court hearing to two years and six four-year sentence for alleged random attacks months’ imprisonment in an open regime on pedestrians. prison (reduced by a year under an amnesty On 21 June, the Chair of the Belarusian law). His appeal was pending at the end of Human Rights Centre “Vyasna” and Vice- the year. President of the International Federation for In October a local activist and newspaper Human Rights, Ales Bialiatski, was released distributor, Andrei Kasheuski, was sentenced under a prison amnesty. He had served to 15 days’ administrative detention almost three years of a four-and-a-half-year on charges which included holding an sentence on charges of tax evasion. “unauthorized mass event” and wearing a T-shirt with the slogan “Freedom to Political FREEDOM OF ASSOCIATION Prisoners” with a list of names on the back. The authorities continued to restrict arbitrarily the right to freedom of association. PRISONERS OF CONSCIENCE Article 193.1 of the Criminal Code, which In the lead-up to the Ice Hockey World criminalizes activities by unregistered Championship on 9-25 May, 16 civil society organizations, continued to be used to activists were arrested and sentenced to obstruct the legitimate activities of civil society between five and 25 days’ administrative organizations in Belarus. detention. Eight were arbitrarily arrested In February, Minsk Central District during or immediately after they attended Court rejected the complaint by Valyantsin a peaceful march commemorating the Stefanovich, Deputy Chairman of the NGO

Amnesty International Report 2014/15 75 Human Rights Centre “Vyasna”, against the according to official statistics, the inmate blocking of the NGO’s website, with no right population exceeded the prisons’ maximum of appeal. The NGO’s registration applications capacity by more than 22%. In January, had been repeatedly rejected. In 2011 the the UN Committee against Torture raised Prosecutor General’s Office restricted access concerns about poor prison conditions to the website under Article 193.1. and recommended greater use of non- In November, the authorities nullified the custodial measures. residence permit of Russian citizen and The Committee also highlighted that human rights defender Elena Tonkacheva offenders with mental health issues continued who was given one month to leave the to be detained in psychiatric wards within country. Her appeal was pending at the regular prisons with very limited access end the year. The permit was due to expire to adequate health care. In January, the in 2017. Elena Tonkacheva is head of the European Court of Human Rights found in human rights organization Centre for Legal Lankester v. Belgium that the detention of an Transformation and has been living in Belarus offender in the psychiatric ward of a regular for 30 years. The authorities claimed that prison constituted degrading treatment. the decision was linked to her violating public traffic regulations by driving over the DEATHS IN CUSTODY speed limit. It was widely believed that she In 2013, an investigation was launched into had been targeted for her legitimate human the death of Jonathan Jacob, who died in rights activities. 2010 after being physically assaulted by police while in custody. The results of the investigation and the decision regarding its follow-up, due in October 2014, were still BELGIUM pending at the end of the year. DISCRIMINATION Kingdom of Belgium In March, the UN Committee on the Head of state: King Philippe Elimination of Racial Discrimination Head of government: Charles Michel (replaced Elio raised concerns about allegations of Di Rupo in October) racially motivated violence and ill- treatment by police against migrants, and recommended the strengthening of police Detention conditions remained poor complaints mechanisms. and offenders with mental health issues In February, the European Committee continued to be detained in inadequate against Racism and Intolerance highlighted structures with limited access to appropriate that Muslims, and especially Muslim health services. In October, the newly women wearing headscarves, continued appointed government committed to to be discriminated against in access to creating a National Human Rights employment and goods and services. Institution. Transgender people could not In 2013, the Board of Education of the obtain legal gender recognition without Flemish Community (GO!) confirmed the complying with compulsory medical general ban on religious symbols and dress in treatment such as sterilization. all its schools in the Flemish-speaking part of the country. On 14 October 2014, the Council PRISON CONDITIONS of State found that the general ban violated Overcrowding continued to have a detrimental the right to freedom of religion of a Sikh pupil impact on detention conditions. In March,

76 Amnesty International Report 2014/15 who was forbidden to wear the in a approach to combat these forms of violence secondary school. was still lacking at the end of the year.

RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE In January 2013, the government adopted a comprehensive roadmap to combat BENIN discrimination on grounds of sexual orientation and gender identity. In May, Republic of Benin a new law prohibiting discrimination on Head of state and government: Thomas Boni Yayi grounds of gender identity and expression was introduced. While the roadmap included the Municipal elections initially planned for commitment to amend the 2007 law on legal April 2013 had not been held by the end recognition of gender, plans regarding its of 2014. In June 2013, the government amendments remained unclear at the end of resubmitted a bill for the revision of the the year. Transgender people were required to Constitution. In November 2014 the comply with criteria that violated their human Constitutional Court ruled against any rights in order to obtain legal recognition revision of the Constitution that could of their gender. These included psychiatric prolong the term of office of the President. diagnosis and sterilization, as well as other The Constitutional Court had previously compulsory medical treatments. ruled in 2011 that parts of the Constitution relating to the Presidential term could not TORTURE AND OTHER ILL-TREATMENT be submitted to referendum. In January the Committee against Torture expressed concerns about the planned POLITICAL PRISONERS extradition and refoulement of third-country In May, President Boni Yayi pardoned Patrice nationals to countries that provided diplomatic Talon and his associate Olivier Bocco, both assurances. The Committee reiterated that living in France, as well as six other people, such assurances did not mitigate the risk of including one woman, who had been torture or other ill-treatment. detained in Benin since 2012 and 2013. In In September, the European Court of the first case, Patrice Talon, Olivier Bocco Human Rights found that the extradition of and four others were accused of attempting Nizar Trabelsi, a Tunisian national, to the USA to poison the President in October 2012. in October 2013 amounted to a violation of In the second case, two men were accused Articles 3 and 34 of the European Convention of crimes against the security of the state on Human Rights. Belgian authorities had following a suspected coup attempt in ignored the interim measure issued by the May 2013. Court on the extradition. FREEDOMS OF EXPRESSION VIOLENCE AGAINST WOMEN AND GIRLS AND ASSEMBLY In February 2014, a country-wide survey A demonstration against police violence undertaken by Amnesty International found was held in March in Cotonou in response that a quarter of women in Belgium had to the break-up by security forces of a allegedly experienced sexual violence at the peaceful demonstration by union members hands of their partners and that 13% had in December 2013, in which over 20 people, been raped by someone other than their including six women, were injured. partners. A coordinated and comprehensive

Amnesty International Report 2014/15 77 In June, the Court of First Instance in to review legislation that criminalizes Cotonou sentenced John Akintola, publishing abortion and to improve prison conditions. director of L’Indépendant newspaper, to a Concerns around these same issues had three-year suspended prison term and a fine been highlighted by the UN Human Rights for “insulting the Head of State” following the Committee in October 20131 and the UN publication of an article concerning possible Committee against Torture in May 2013. illicit financing of trips abroad. The author of the article, Prudence Tessi, was sentenced IMPUNITY AND THE JUSTICE SYSTEM to two months’ imprisonment and the Five decades after the military and newspaper was suspended for three months. authoritarian regime (1964–1982), no progress in providing justice to victims of DEATH PENALTY political violence or measures to implement a Thirteen people remained under sentence mechanism to unveil the truth of the human of death despite Benin’s ratification in rights violations committed during that period 2012 of the Second Optional Protocol to was made.2 The authorities ignored national the International Covenant on Civil and and international bodies’ concerns about the Political Rights, aiming at the abolition of the lack of transparency and unfairness of the death penalty. reparation process that ended in 2012 and in which just over a quarter of applicants qualified as beneficiaries. In February 2014, a campsite of the victims’ organization, Platform of Social BOLIVIA Activists against Impunity, for Justice and Historical Memory of the Bolivian People, Plurinational State of Bolivia outside the Ministry of Justice was set on fire3 Head of state and government: Evo Morales Ayma and files and documents were destroyed. Preliminary investigations indicated that the fire was caused by an electrical fault. Victims of human rights violations However, the organization complained committed during past military regimes that it was an intentional attack. Criminal continued to be denied truth, justice and investigations were ongoing at the end full reparation. Indigenous Peoples’ rights to of the year. Investigations into an attack consultation and to free, prior and informed against a member of the same victims’ consent and equal access to sexual and group in February 2013 were reported4 as reproductive rights remained unfulfilled. being delayed. In July, Bolivia’s second request to BACKGROUND extradite former President Gonzalo Sánchez In October, President Evo Morales was de Lozada to Bolivia was filed in the USA. He re-elected for a third term. More than faced charges in connection with the “Black 50% of parliamentary candidates were October” case, when 67 people were killed women. This was the result of the first time and more than 400 injured during protests in implementation of the 2010 Electoral Law El Alto, near La Paz, in late 2003. A previous gender equality clause. extradition request was rejected in 2012. In In October, Bolivia accepted most of May 2014, a Federal Judge in the USA had the recommendations of the UN Universal allowed a civil lawsuit against the former Periodic Review process, including to President and his Minister of Defence for their investigate past human rights violations responsibility in the events. and ensure a full and effective reparation,

78 Amnesty International Report 2014/15 Trial proceedings connected to the 2008 unwanted pregnancies, and the right to Pando massacre in which 19 people, mostly sexual education in schools, among other peasant farmers, were killed and 53 others provisions, was still under discussion in injured, continued but were subject to delays. the Congress. Hearings in the case of 39 people accused of involvement in an alleged plot in 2009 INDIGENOUS PEOPLES’ RIGHTS to kill President Evo Morales continued. In November, 14 police officials were charged By the end of the year, there had been no in connection with the excessive use of force investigations into allegations of lack of due in 2011 during a peaceful march against the process or into the killings of three men in construction of a road in the Isiboro-Sécure 2009 in connection with the case. In March, Indigenous Territory and National Park. The the Prosecutor who resigned after denouncing Prosecutor’s office dismissed the involvement political interference in the case and who was of high rank civil authorities, as claimed by subsequently charged with involvement in victims. Plans to build the road remained on extortion, requested political asylum in Brazil. hold following a controversial consultation In August, the UN Working Group on Arbitrary with the affected Indigenous communities Detention stated that the detention of one in 2012. of the suspects in the case was arbitrary A new Mining Law passed in May excluded and recommended his immediate release consultation with Indigenous Peoples for and reparation. prospecting and exploration of mining In June, criminal proceedings against activities and did not recognize the principle three judges of the Constitutional Court were of free, prior and informed consent in relation initiated for breach of duty, among other to projects that are going to have an impact crimes, before the Congress. The judges on them. A draft law on Free, Prior and were suspended. Informed Consultation was finalized.

VIOLENCE AGAINST WOMEN AND GIRLS HUMAN RIGHTS DEFENDERS According to a 2014 study by the Concerns remained over the requirements Panamerican Health Organization, Bolivia has specified by the 2013 law to grant legal the highest rate of violence against women identity to NGOs. Under this regulation, by an intimate partner and the second organizations have to specify their highest rate of sexual violence in the region. “contribution to the economic and social In October, a norm that regulates the budget development” of the state. In 2013 the UN and implementation of the 2013 Law 348 Human Rights Committee recommended that to guarantee women’s rights to a life free of Bolivia eliminate these requirements because violence was promulgated. they placed restrictions on the organizations’ ability to operate freely, independently and SEXUAL AND REPRODUCTIVE RIGHTS effectively. Although in February the Plurinational In January, members of the Consejo Constitutional Court decided that the request Nacional de Ayllus y Markas del Qullasuyu for judicial authorization for an abortion, as (CONAMAQ), who were holding a vigil requested by article 266 of the Criminal Code, outside the organization’s office in La Paz, was unconstitutional, the implementation of were violently evicted by other Indigenous the decision was still pending. Peoples’ groups who adjudicated themselves A 2012 bill on sexual and reproductive the leadership of CONAMAQ. There were rights guaranteeing the right to receive complaints that the police did not intervene to information about sexual and reproductive stop the violent eviction. health services to prevent unplanned or

Amnesty International Report 2014/15 79 In March, the Danish NGO IBIS Dinamarca closed most of its projects in Bolivia after BOSNIA AND the government announced its expulsion from the country in December 2013, arguing HERZEGOVINA that they were interfering in political issues and had contributed to divisions within the Bosnia and Herzegovina Indigenous movement. Head of state: Rotating presidency - Bakir Izetbegović, Dragan Čović, Mladen Ivanić PRISON CONDITIONS Head of government: Vjekoslav Bevanda A lack of security and poor prison conditions (Incumbent) remained a concern. Delays in concluding trials within a reasonable time, the excessive use of pre-trial detention and the limited use High levels of unemployment and of alternatives to detention, all contributed dissatisfaction with government institutions to prison overcrowding. Presidential decrees prompted popular protests that spread enacted in 2013 and 2014 granting pardons throughout Bosnia and Herzegovina and amnesties, intended to deal with over- (BiH) and were accompanied by clashes population in prisons, were not having the between demonstrators and the police. The expected outcome. prosecution of crimes under international In August, the Ombudsman reported little law continued before domestic courts, progress in the investigation into the deaths but progress remained slow and impunity of more than 30 inmates in Palmasola prison, persisted. Many civilian victims of war were Santa Cruz, in August 2013.5 still denied access to justice and reparation. In September, four inmates died and a dozen were injured in clashes between TORTURE AND OTHER ILL-TREATMENT inmates in El Abra prison, Cochabamba. In February, popular protests, initially fuelled Investigations were ongoing at the end of by the large-scale dismissal of the workforce the year. of industrial companies in the Tuzla Canton, spread across the country, resulting in clashes between demonstrators and the 1. Bolivia: Submission to the United Nations Human Rights Committee police. Law enforcement officials subjected at (AMR 18/005/2013) least 12 detainees, some of them minors, to www.amnesty.org/en/library/info/AMR18/005/2013/en ill-treatment while in detention. 2. Bolivia: "No me borren de la historia": Verdad, justicia y reparación en Bolivia (1964-1982) (AMR 18/002/2014) FREEDOM OF EXPRESSION www.amnesty.org/es/library/info/AMR18/002/2014/es – JOURNALISTS 3. Bolivia: Victims of military regimes’ campsite burnt (AMR At least one journalist was beaten by police 18/001/2014) officers while recording the February protests. www.amnesty.org/en/library/info/AMR18/001/2014/en Intimidation of journalists by state officials 4. Bolivia: Protester attacked, police take no notice (AMR 18/001/2013) persisted throughout the year, including www.amnesty.org/en/library/info/AMR18/001/2013/en beatings, death threats and a police raid on a 5. Bolivia: Las autoridades bolivianas deben investigar completamente newsroom. The authorities frequently failed to la tragedia en la cárcel de Palmasola (AMR 18/004/2013) open investigations into complaints. www.amnesty.org/es/library/info/AMR18/004/2013/es DISCRIMINATION The 2009 judgment of the European Court of Human Rights in the case of Sejdić-Finci v. BiH, which found the power-sharing

80 Amnesty International Report 2014/15 arrangements set out in the Constitution to threats. Although the Criminal Code of be discriminatory, remained unimplemented. Republika Srpska contained provisions on Under the arrangements, citizens such hate crime, there was no investigation into the as Jews and Roma who do not declare threats against the activists. themselves as belonging to one of the three constituent peoples of the country (Bosniaks, CRIMES UNDER INTERNATIONAL LAW Serbs and Croats) are excluded from running Proceedings continued at the International for legislative and executive office. The Criminal Tribunal for the former Yugoslavia discriminatory nature of these arrangements against former Bosnian Serb leader Radovan was confirmed again in July when the Karadžić and former General Ratko Mladić, European Court ruled in favour of the plaintiff for genocide, crimes against humanity and in the Zornic v. BiH case. violations of the laws or customs of war, A number of schools in the Federation including at Srebrenica. In October, the continued to operate under the so-called hearing in the Karadžić case ended. "two schools under one roof” arrangement, The War Crimes Chamber of the State resulting in discrimination and segregation Court of BiH made slow progress in the based on ethnicity. Bosniak and Croat pupils prosecution of crimes under international law, attended classes in the same building while and was undermined by repeated criticism by being physically separated and studying high-ranking politicians. different curricula. The Criminal Code continued to fall short Roma continued to face widespread and of international standards relating to the systematic discrimination in accessing their prosecution of war crimes of sexual violence. basic rights, including to education, work and Entity courts continued to apply the Criminal health care, entrenching the cycle of poverty Code of the Socialist of and marginalization. Many Roma were Yugoslavia; impunity prevailed in the absence particularly affected by the poor response of of a definition of crimes against humanity, the authorities to the severe flooding in May. command responsibility, and crimes of sexual The number of people at risk of violence. Impunity for war crimes of sexual , the majority of whom were violence remained rampant; between 2005 Roma, reached a peak of 792 by April but and the end of 2014 less than 100 cases had significantly decreased by the end of the had come to court. The estimated number year. However, a state-level law on free legal of victims of rape during the war ranged aid that would, among other provisions, have between 20,000 and 50,000. assisted Roma with registering in the national In April a Law on Witness Protection was public registry and accessing public services, adopted, but it applied only to witnesses was still lacking. testifying before the State Court of BiH. Lesbian, gay, bisexual, transgender and Adequate witness support and protection intersex (LGBTI) people continued to face measures were absent at entity courts, widespread discrimination. In February, three despite the fact that half of all pending people were injured as a group of 12-14 war crimes cases were due to be heard at masked men interrupted the LGBTI festival this level. “Merlinka” staged at a cinema in Sarajevo. Legislation that would enable effective The men stormed the premises, shouted reparation, including a comprehensive homophobic threats and physically attacked programme for victims of crimes under and injured the three festival participants. international law, and free legal aid services to Following their participation in the Belgrade victims of torture and civilian victims of war, Pride in September, members of an LGBTI had yet to be put in place. The harmonization NGO based in Banja Luka received death

Amnesty International Report 2014/15 81 of the entity laws regulating the rights of made in addressing impunity for past civilian victims of war was still not completed. grave human rights violations under the By the end of the year, the remains of dictatorship (1964-1985). 435 people had been exhumed at a mass grave in Tomašica village. The victims had BACKGROUND disappeared and were subsequently killed Brazil continued serving its third mandate by Bosnian Serb forces in the Prijedor in the UN Human Rights Council, where it area in 1992. In August, BiH signed a was a key supporter of resolutions against regional declaration on missing persons, discrimination based on sexual orientation and committed to establishing the fate and and gender identity. At the General Assembly, whereabouts of those 7,800 still missing. the Brazilian and German governments The Law on Missing Persons had not been presented a resolution on privacy in the implemented at the end of the year, leaving internet age, which was approved in the families of the missing with no access December 2013. In April 2014, Brazil to reparation. approved its Civil Framework for the Internet, ensuring the neutrality of the web and setting out rules to protect freedom of expression and privacy. BRAZIL HUMAN RIGHTS VIOLATIONS IN THE CONTEXT OF SOCIAL PROTESTS Federative Republic of Brazil In 2014, thousands of protesters took to the Head of state and government: President Dilma streets in the run-up to and during the football Rousseff World Cup in June and July. The protests echoed huge demonstrations that had taken place the previous year to express discontent Serious human rights violations continued over a number of issues including increased to be reported, including killings by police public transport costs, high spending and the torture and other ill-treatment of on major international sports events and detainees. Young and Black residents of insufficient investment in public services. The favelas (shanty towns), rural workers and police frequently responded to protests with Indigenous Peoples were at particular risk violence. Hundreds of people were rounded of human rights violations. Protests that up and arbitrarily detained, some under laws swept the country, particularly around the targeting organized crime, even though there football World Cup, were often suppressed was no indication that those detained were using excessive and unnecessary force by involved in criminal activity.1 the security forces. Arbitrary detentions and In April, ahead of the World Cup, soldiers attempts to criminalize peaceful protesters from the Army and Marines were deployed were reported in various parts of the to the Maré complex in . country. Although legislation allowing same- Initially, it was stated that they would remain sex marriage was approved, lesbian, gay, until the end of July, but the authorities bisexual, transgender and intersex (LGBTI) subsequently declared that the troops would people continued to face discrimination remain there indefinitely. This raised serious and attacks. Brazil continued to play a concerns given the weak accountability significant role on the international stage mechanisms for human rights abuses during on issues such as privacy, the internet and military operations. discrimination based on sexual orientation By the end of the year, the only person and gender identity. Some progress was convicted of offences related to violence

82 Amnesty International Report 2014/15 during the protests was Rafael Braga Vieira, Claudia Silva Ferreira was shot and a Black homeless man. Although he was wounded by police officers in a shoot-out not taking part in a demonstration, he was in the Morro da Congonha favela in March. arrested for “carrying explosives without While she was being taken to the hospital by authorization” and sentenced to five years in police in the boot of their car, she fell out and prison. The forensic report concluded that was dragged along the ground for 350m. The the chemicals in his possession – cleaning incident was recorded and broadcast in the fluids – could not have been used to create Brazilian media. At the end of the year, six explosives, but the court disregarded police officers were under investigation, but the finding. remained at liberty. Excessive use of force Douglas Rafael da Silva Pereira, a dancer, Military Police often used excessive and was found dead in April 2014 following a unnecessary force to disperse protesters.2 police operation in the Pavão-Pavãozinho In Rio de Janeiro, military police used tear favela. The death sparked protests during gas to disperse peaceful protesters on many which Edilson Silva dos Santos was shot dead occasions, including in confined spaces such by police. By the end of the year, no one had as the Pinheiro Machado Health Centre in been charged in connection with the deaths. July 2013 and subway stations in June and In November, at least 10 people were September 2013 and June 2014. killed, allegedly by off-duty military police Freedom of expression and association – officers, in the city of Belém in the state of journalists Pará. Residents of the neighbourhood told According to the Brazilian Association Amnesty International that military police of Investigative Journalism, at least 18 vehicles closed off streets prior to the killings journalists were assaulted while working and that people in unidentified cars and during the World Cup in cities including São on motorcycles threatened and attacked Paulo, Porto Alegre, Rio de Janeiro, Belo residents.3 There were indications that the Horizonte and Fortaleza. In Rio de Janeiro, killings may have been a reprisal for the killing on 13 July, the day of the World Cup final, at of a policeman. least 15 journalists were assaulted by police Ten police officers, including the former officers while covering a demonstration. Some commander of a battalion, were tried had their equipment broken. In February, between December 2012 and April 2014 and Santiago (Ilídio) Andrade, a cameraman, convicted in connection with the murder of died after being hit by fireworks being used Judge Patrícia Acioli in August 2011. She had by protesters. The police arrested two men been responsible for sentencing 60 officers in connection with the killing. They were convicted of involvement in organized crime. charged with intentional homicide and were awaiting trial at the end of the year. PRISON CONDITIONS Severe overcrowding, degrading conditions, PUBLIC SECURITY torture and violence remained endemic in Public security remained the context for Brazil’s prisons. Several cases regarding widespread human rights violations. prison conditions were submitted to the According to official statistics, 424 people Inter-American Commission on Human Rights were killed by police in the state of Rio de and Inter-American Court of Human Rights Janeiro during security operations in 2013. in recent years and conditions remained a The first six months of 2014 showed an serious concern. increase in the number of such deaths, with In 2013, 60 detainees were murdered 285 people being killed by police, 37% more in the prison of Pedrinhas, in the state of than during the same period in 2013. Maranhão. More than 18 were killed in the

Amnesty International Report 2014/15 83 prison between January and October 2014. interest in the human rights violations Videos of beheadings were broadcast in the committed under the 1964-1985 dictatorship. media. An investigation into the incident was This led to the creation of more than continuing at the end of the year. 100 truth commissions in states, cities, From April 2013 to April 2014 the courts universities and trade unions. These sentenced 75 police officers for the killing engaged in investigations into cases such of 111 prisoners in the 1992 Carandiru as the enforced disappearance of former prison riots. The officers lodged appeals and congressman Rubens Paiva in 1971. They remained on active service at the end of the also highlighted less well-known violations year. The commander of the police operation against Indigenous Peoples and rural workers, had been convicted in 2001, although this such as the military attacks (1968-1975) was overturned; he was murdered by his against the Waimiri-Atroari in the Amazon girlfriend in 2006. The prison governor and and the torture of peasant farmers during the the Minister of Public Security at the time of Araguaia guerrilla conflict (1967-1974). the riots were not charged in connection with The Truth Commission published its final the case. report on 10 December recommending that the 1979 Amnesty Law should not TORTURE AND OTHER ILL-TREATMENT be an obstacle to criminal charges being There were several reports of torture and brought against the perpetrators of serious other ill-treatment at the time of arrest human rights violations. The report also and during interrogation and detention in recommended several public security police stations. reforms such as the demilitarization of In July 2013, Amarildo de Souza, a the police. Federal prosecutors trying to bricklayer, was detained by the police as bring the perpetrators of these crimes to he was returning home in Rocinha, Rio de justice condemned the Amnesty Law as Janeiro. He died under torture in the custody incompatible with international human rights of the local Pacification Police Unit. The treaties. To date, judges have rejected these police denied that Amarildo de Souza was arguments. However, at the end of the year, ever in custody despite video footage showing three bills were before Congress which that he had been detained. Twenty-five police proposed changes to the interpretation of the officers were charged in connection with the Amnesty Law so that it would no longer apply case, including the commander of the unit, to agents of the state charged with crimes and six of them were detained awaiting trial at against humanity. the end of 2014. The National System to Fight and Prevent HUMAN RIGHTS DEFENDERS Torture, created by law in 2013, had yet to be The National Programme for the Protection of fully established by the end of 2014. Although Human Rights Defenders continued to face the System did not fully meet international numerous difficulties in fulfilling its mandate, standards in terms of its independence, it including lack of resources, judicial insecurity, represented an important step forward in lack of coordination with state officials, and fulfilling the country’s obligations under the disputes about the scope of the programme Optional Protocol to the UN Convention and who should benefit from it. The against Torture, which Brazil had ratified authorities refused to include a woman sex in 2007. worker known as “Isabel” in the programme. She had lodged a complaint about police IMPUNITY violence against herself and her colleagues The establishment of the National Truth during their eviction in May 2014 from the Commission generated widespread public building where they lived in Niterói, in the

84 Amnesty International Report 2014/15 state of Rio de Janeiro. After lodging the to demarcate the community’s land until complaint, Isabel was kidnapped and beaten 2010, but the process was never completed. by men who showed her photos of her son. At the end of the year, a bill was pending Fearing for her safety, she left the area and in Congress which, if passed, would transfer was still in hiding at the end of the year. responsibility for demarcating Indigenous In April 2013, two men were convicted of land from the Executive to the Legislature, the murder in 2011 of José Cláudio Ribeiro where the agribusiness lobby was very strong. and Maria do Espírito Santo, rural workers' The new Mining Code proposal also puts leaders in the state of Pará who had reported traditional communities at risk of having illegal logging. In August 2014, a retrial was corporate activity on their land without their ordered of a landowner accused of ordering permission, in breach of international law. their assassination; he had been acquitted of Quilombola communities continued to fight involvement in the killings in 2013. However, for recognition of their right to land. The slow he evaded arrest and remained at liberty at process of resolving land entitlement claims the end of the year. Maria do Espírito Santo's resulted in conflict and left communities at sister, Laísa Santos Sampaio received death risk of threats and violence from gunmen threats because of her human rights work and local ranchers. The community of São and was part of the National Programme for José de Bruno in the state of Maranhão was the Protection of Human Rights Defenders. under direct threat in October 2014 after a Although she received some protection, landowner invaded part of their land. including a police escort, concerns for her Thirty-four people were killed as a result safety persisted. of conflict over land in 2013, three of them In the state of Rio de Janeiro, the in the state of Maranhão. Between January government’s failure to guarantee the and October 2014, five people were killed safety of the Fishermen’s Association of due to conflict over land in the state. Impunity Guanabara Bay resulted in the closure of for these crimes continued to feed a cycle its headquarters. Its president and his wife of violence. have not been able to return to their home Those responsible for the killing of since November 2012 because of threats to Quilombola leader Flaviano Pinto Neto their lives. Other fishermen from AHOMAR, in October 2010 had not been brought such as Maicon Alexandre, also received to justice, despite the fact that a police death threats. investigation had identified four suspects.4

LAND DISPUTES AND INDIGENOUS RIGHTS OF LESBIAN, GAY, BISEXUAL, PEOPLES’ RIGHTS TRANSGENDER AND INTERSEX PEOPLE Indigenous Peoples and Quilombola In May 2013 the National Council of Justice communities (descendants of former slaves) approved a resolution authorizing same- continued to face grave threats to their sex marriage, following a 2011 ruling by human rights. the Supreme Court. However, frequent In September 2013, the Guarani-Kaiowá homophobic statements by political and community of Apika'y, in the state of Mato religious leaders continued. Conservative Grosso do Sul, occupied a sugarcane politicians vetoed attempts by the federal plantation that they claim as their traditional government to distribute human rights land. A local court ordered them to leave, education materials in schools to curb but they refused to comply. At the end of the discrimination on the grounds of sexual year they remained on the land but at risk of orientation. Homophobic hate crimes were eviction. In 2007, the federal government had frequent. According to the NGO Bahia Gay signed an agreement with public prosecutors Group (Grupo Gay da Bahia), 312 people

Amnesty International Report 2014/15 85 were killed as a result of homophobic or transphobic hate crimes in 2013. BRUNEI SEXUAL AND REPRODUCTIVE RIGHTS DARUSSALAM Religious groups continued to put pressure on the authorities to criminalize abortion Brunei Darussalam in all circumstances – Brazilian law allows Head of state and government: Sultan Hassanal abortion in cases of rape, threat to the life Bolkiah of the woman and anencephalic foetuses. This limited range of possibilities results in many women resorting to clandestine, unsafe Lack of transparency and scarcity of abortions. In September 2014, the cases information made independent monitoring of Jandira dos Santos Cruz and Elisângela of the human rights situation difficult. Barbosa caused a national outcry. The two Amid strong international criticism, the women died in Rio de Janeiro following amended Penal Code came into force on clandestine abortions in clinics. The body of 1 May, although it was announced that Jandira dos Santos Cruz was hidden from her its implementation would be phased. The family and burned by clinic employees. new Code, purporting to impose Shari’a law, contained a number of provisions ARMS TRADE that violate human rights, widening the Brazil signed the Arms Trade Treaty on 4 June scope of offences punishable by the death 2013, the first day it was open for signature. penalty, expanding the imposition of By the end of 2014, it had yet to ratify the torture and cruel, inhuman or degrading treaty. The Brazilian government did not punishment, restricting the rights to publish data on arms exports and refused freedom of expression and religion or belief, requests under the Freedom of Information and discriminating against women. Also in Act from researchers and journalists for May, the country’s human rights record was details of the country's involvement in the assessed under the UN Universal Periodic arms trade, such as, for example, whether Review (UPR) mechanism. weapons had been exported to countries where mass human rights violations were DEATH PENALTY being committed. The new Penal Code1 imposed death by stoning as a possible punishment for conduct that should not be criminal, such as 1. Brazil: Protests during the World Cup 2014: Final overview: No Foul extramarital sexual relations and consensual Play, Brazil! Campaign (AMR 19/008/2014) sex between people of the same gender, as www.amnesty.org/en/library/info/AMR19/008/2014/en well as for offences such as theft and rape. 2. Brazil: They use a strategy of fear: Protecting the right to protest in It also allowed for the imposition of the death Brazil (AMR 19/005/2014) penalty for child offenders and for offences www.amnesty.org/en/library/info/AMR19/005/2014/en such as mocking the Prophet Muhammad. 3. Brazil: At least nine killed overnight in north Brazil (AMR However, while Brunei Darussalam retained 19/013/2014) the death penalty in law, it remained www.amnesty.org/en/library/info/AMR19/013/2014/en abolitionist in practice. 4. Brazil: Killers of community leader must be brought to justice (News story) TORTURE AND OTHER ILL-TREATMENT www.amnesty.org/en/news/brazil-killers-community-leader-must-be- Brunei Darussalam has not ratified the UN brought-justice-2014-10-30 Convention against Torture. The country’s new Penal Code significantly expanded the

86 Amnesty International Report 2014/15 scope of corporal punishments that amount or could amount to torture (including death BULGARIA by stoning – see above). A wide range of offences including theft Republic of Bulgaria were punishable by whipping or amputation. Head of state: Rosen Plevneliev Judicial caning remained a common Head of government: Boyko Borisov (replaced punishment for crimes including possession Georgi Bliznashki in November) of drugs and immigration offences. At least three caning sentences were known to have been carried out in 2014. Under existing law, The reception conditions for asylum-seekers children could be sentenced to whipping; entering Bulgaria partially improved but under the revised Penal Code children could concerns remained over access to Bulgarian also be sentenced to amputations. The Penal territory and the integration of refugees. Code also introduced laws discriminating Prevention and investigation of hate crimes against women, including punishing abortion by the authorities was inadequate. with public flogging. BACKGROUND FREEDOM OF EXPRESSION In July, the government coalition headed Journalists continued to be censored. In by the Bulgarian resigned February, the Sultan ordered a halt to following heavy losses in the European criticism of the new Penal Code. Parliament elections. Its year in power had been plagued by protests against government FREEDOM OF RELIGION corruption and backroom dealing sparked The Constitution protects non-Muslims’ by the controversial appointment of Delyan right to practise their religion, but laws and Peevski, a prominent media mogul and MP, policies restricted this right for Muslims and as head of the Bulgarian Security Agency. non-Muslims alike. The revised Penal Code New parliamentary elections were set for criminalized exposing Muslim children to the October 2014, less than 18 months after the beliefs and practices of any religion other previous round, which was also prompted by than Islam. the resignation of the government. Following the elections, a new government under Prime COUNTER-TERROR AND SECURITY Minister Boyko Borisov from the GERB party The Internal Security Act (ISA) permitted was appointed in November. detention without trial for indefinitely renewable two-year periods, and was used REFUGEES AND ASYLUM-SEEKERS to detain anti-government activists. An In August 2013, Bulgaria experienced a large Indonesian detained without trial under the increase in the number of refugees, asylum- ISA since February was initially refused visits seekers and migrants entering the country by his embassy for two months. irregularly. By the end of 2013 over 11,000 people, many of them refugees from Syria, had crossed the border, compared to a total 1. Brunei Darussalam: Authorities must immediately revoke new Penal of 1,700 in 2012. Code (ASA 15/001/2014) The Bulgarian authorities initially struggled www.amnesty.org/en/library/info/ASA15/001/2014/en to respond adequately. Hundreds of people in need of international protection ended up living for months in substandard conditions without access to asylum procedures. In January 2014, UNHCR, the UN refugee

Amnesty International Report 2014/15 87 agency, stated that asylum-seekers in HUMAN RIGHTS DEFENDERS Bulgaria faced a real risk of inhuman A prominent human rights NGO, the and degrading treatment due to systemic Bulgarian Helsinki Committee (BHC), faced deficiencies in the Bulgarian asylum and a tax inspection as well as harassment by far reception system. It called on the EU Member right groups. These were seen as intimidatory States to suspend transfers of asylum-seekers since the BHC is known for its criticism of back to Bulgaria.1 The reception conditions the government’s human rights record, in for new arrivals improved, thanks in large particular the treatment of asylum-seekers measure to EU and bilateral assistance. and the failure to prevent and address hate In April, UNHCR reviewed the situation in crimes. In January, prompted by a request Bulgaria and found that despite progress by VMRO-BND, an ultra-nationalist political made by the authorities, serious shortcomings party, the National Revenue Agency carried remained. It lifted its call for the general out a large-scale audit of the BHC’s finances suspension of transfers with the exception for the period 2007-2012. The audit did not of certain groups, especially those with establish any breach. special needs. On 12 September, a far right political party, The number of refugees and migrants the Bulgarian National Union, organized a dropped dramatically in 2014, to 3,966 by rally under the slogan “Let’s ban BHC!” The October as a result of a government policy rally concluded outside the offices of the adopted in November 2013 that aimed to BHC, where participants verbally abused decrease the number of people irregularly staff and visitors. They reportedly also called entering Bulgaria. A number of NGOs, for the banning of all NGOs in Bulgaria. The including Amnesty International, documented police officers present at the rally did not violations including unlawful expulsions of intervene to prevent or stop the harassment people back to Turkey (push-backs) without and verbal assaults. In November, in giving them a chance to seek asylum, which communication with Amnesty International, the authorities strenuously denied. An the Ministry of Interior denied any harassment official investigation was initiated only in one or intimidation of BHC staff or visitors during such case. the protest. Integration of refugees Recognized refugees faced problems in TORTURE AND OTHER ILL-TREATMENT accessing education, housing, health care Concerns remained regarding the and other public services. In August, the effectiveness and independence of government rejected a plan prepared by the investigations into allegations of police State Agency for Refugees and the Ministry ill-treatment. Investigations into several of Labour for the implementation of the allegations of the excessive use of force by National Integration Strategy adopted earlier police during the protests in the capital, Sofia, in the year. in June 2013 were still ongoing by the end of According to the State Agency for 2014.2 Refugees, in September only 98 out of 520 registered refugee children were enrolled in HATE CRIMES AGAINST ETHNIC school. This was due to the Schools Act which MINORITIES AND MIGRANTS requires any new pupil to pass an exam in In the second half of 2013, many violent the Bulgarian language and in other subjects. attacks targeting ethnic and religious A draft Law on Asylum and Refugees, which minorities, including migrants, refugees and was intended to ensure unhindered access to asylum-seekers, were reported by the media primary education for refugee children, was and NGOs, exposing shortcomings in the not adopted due to the fall of the government. prevention and investigation of such hate

88 Amnesty International Report 2014/15 crimes.3 In March, the European Court of BACKGROUND Human Rights found in Abdu v. Bulgaria that President Compaoré resigned at the end of authorities had failed to thoroughly investigate October following widespread protests against the racist motive associated with the physical a bill proposing constitutional amendments assault of a Sudanese national in 2003. that would allow him to run for re-election Between July and September, Amnesty in 2015. Following the bill’s withdrawal, International researched 16 cases of a transitional government led by interim alleged hate crimes against individuals and President Michel Kafando was sworn in properties. The hate motive was investigated in November to steer the country towards only in one of them. legislative and presidential elections. Legislative gaps regarding hate crimes on other protected grounds, such as sexual TORTURE AND OTHER ILL-TREATMENT orientation, gender identity or disability, In October, following a riot at MACO prison persisted. In January, the government in Ouagadougou, at least 11 prisoners were proposed a draft new Criminal Code closing repeatedly beaten and otherwise ill-treated by some of these gaps, but it had not been prison guards and accused of organizing an adopted by the end of the year. escape attempt. Two prisoners died following the riot, reportedly as a result of dehydration and lack of ventilation in their cell during 1. Bulgaria: Refugees continue to endure bad conditions (EUR a lockdown. 15/001/2014) More than 30 prisoners alleged that they www.amnesty.org/en/library/info/EUR15/001/2014/en had been tortured and otherwise ill-treated 2. Bulgaria: Investigations into alleged excessive use of force during at the time of arrest, and while being held Sofia protests must be prompt and thorough (EUR 15/001/2013) in gendarmerie (military police) detention www.amnesty.org/en/library/info/EUR15/001/2013/en centres and police stations around the 3. Because of who I am: Homophobia, transphobia and hate crimes in country in 2013 and 2014. One detainee Europe (EUR 01/014/2013) described being tortured for a period of 17 www.amnesty.org/en/library/info/EUR01/014/2013/en days at the central Ouagadougou police station; his hands were handcuffed to his ankles, an iron bar was put underneath his knees and he was suspended in a squatting position between two tables. Other detainees BURKINA FASO also said they were beaten and forced to sign statements without knowledge of Burkina Faso their content. Head of state: Michel Kafando (replaced Blaise Compaoré in November) EXCESSIVE USE OF FORCE Head of government: Yacouba Isaac Zida (replaced During protests in October and November, Luc Adolphe Tiao in November) security forces used excessive, sometimes lethal, force against peaceful protesters, resulting in at least 10 deaths with hundreds Concerns remained over the use of torture more injured. and other ill-treatment and excessive force On 30 and 31 October, prison guards and by police and other security personnel. High gendarmes used excessive and lethal force levels of maternal mortality persisted. to repress a prison riot and attempted escape at the MACO prison in Ouagadougou. Three prisoners were shot dead.

Amnesty International Report 2014/15 89 RIGHT TO HEALTH – rights to freedom of expression, association MATERNAL MORTALITY and peaceful assembly increased. Members Concerns about high levels of maternal of the opposition, civil society activists, deaths remained. The World Health lawyers and journalists were among those Organization (WHO) estimated that 2,800 who faced heightened restrictions as the women died during or following childbirth in 2015 elections approached. Meetings and 2013. WHO also reported a persistently high marches were not allowed to take place. unmet need for contraception information, Allegations of harassment and violence services and goods. committed by members of the ruling The Ministry of Health, working with party’s youth wing, Imbonerakure, were not the UN Population Fund (UNFPA) and effectively investigated. other agencies, launched the first National Week in 2013 aimed at BACKGROUND raising awareness about contraception Political tensions ran high as President and challenging persistent negative Nkurunziza looked set to stand for a third stereotypes about women and girls who take term, a move perceived by many as a contraception. violation of Burundi’s Constitution. In March, the National Assembly narrowly rejected a bill FREEDOM OF EXPRESSION proposing constitutional amendments that In a ruling in March, the African Court on would have allowed the President to stand for Human and Peoples’ Rights held that the a further term. Official statements indicated Burkinabé state – in its failure to diligently that the Constitutional Court would rule on investigate and bring to justice those the issue at a later date. Critics accused responsible for the assassination of journalist the ruling National Council for the Defense Norbert Zongo and three of his companions, of Democracy-Forces for the Defense of found burned to death in a car in 1998 – had Democracy (CNDD-FDD) of jeopardizing violated the right to freedom of expression by ethnic power-sharing principles agreed in causing “fear and worry in media circles”. Burundi’s post-conflict Arusha Accord. In another ruling in December, in the case The United Nations Office in Burundi of Konaté v. Burkina Faso, the Court ruled (BNUB), established in January 2011, closed that imprisonment for defamation violated at the end of 2014. the right to freedom of expression while Strong criticism of the civil and political criminal defamation laws should be used rights situation in Burundi was made by UN only in limited circumstances. The Court Secretary-General Ban Ki-moon, the UN High ordered Burkina Faso to change its criminal Commissioner for Human Rights, the African defamation laws. Union (AU) and some donor countries, including France and the USA.

FREEDOMS OF ASSOCIATION AND EXPRESSION BURUNDI The authorities refused to grant opposition groups, the press, the Burundian Bar Republic of Burundi Association and civil society organizations Head of state and government: Pierre Nkurunziza authorization to hold legitimate meetings and peaceful demonstrations.1 For example, in February, the Mayor of Government repression of critical voices Bujumbura prevented the Burundian Bar intensified during the year. Violations of the Association from holding its General Assembly

90 Amnesty International Report 2014/15 and another planned training workshop. In sensitive subjects would be at risk of arbitrary March, youth members of the Movement for arrest.2 Solidarity and Democracy (MSD) were denied In April, a march organized by civil permission to hold a meeting at a local centre society organizations to commemorate in the commune of Gihosha, Bujumbura, the fifth anniversary of the killing of Ernest to discuss the proposed amendments to Manirumva, Vice-President of the Anti- the Constitution. The authorities gave no corruption and Economic Malpractice explanation for their decision. Observatory (OLUCOME), was prevented from Political figures and opposition parties were going ahead. At the time when the march subject to official interference, harassment should have taken place, the Prosecutor and arbitrary arrest. For example, irregular General issued a statement claiming arrest and trial proceedings in relation to that the prosecution had incriminating corruption allegations against Frédéric evidence linking Gabriel Rufyiri, President of Bamvuginyumvira limited his political OLUCOME, to the death of Ernest Manirumva. activities. He was released from detention in No investigation had been initiated into March on health grounds. the alleged involvement of several high- Repressive legislation ranking members of the security services in The Press Law, promulgated in June 2013, the killing. provided for official restriction of press activities and freedom of expression. The law IMPUNITY stipulates that journalists can be required to Human rights abuses by Imbonerakure reveal their sources on a number of issues Members of Imbonerakure, the youth wing from public order to state security. of the CNDD-FDD, committed human rights The Law on Public Gatherings was used abuses on the pretext of maintaining security. to arbitrarily deny opposition groups and civil They prevented opposition party meetings society permission to meet publicly or hold and intimidated, attacked and even killed demonstrations. members of the opposition with impunity. On 14 March, Ananias Nsabaganwa, HUMAN RIGHTS DEFENDERS a member of the Front for Democracy in Members of civil society organizations and the Burundi, was visited at his home in the media, especially those working on potentially Commune of Busoni, Kirundo Province, sensitive subjects relating to human rights by two local administrative officials, three or state accountability, were subject members of Imbonerakure (including the to harassment. head of Nyagisozi zone) and two soldiers. Leading human rights defender and He was reportedly shot dead by one of the prisoner of conscience Pierre Claver soldiers on the orders of one of the local Mbonimpa was detained in May and charged officials and an Imbonerakure member. with threatening state security and using In April, a leaked internal cable sent by false documents. He was arrested shortly the BNUB reported that in one province after his comment that young men were two members of the military had supplied receiving arms and uniforms and travelling Imbonerakure and demobilized soldiers with to the neighbouring Democratic Republic of weapons and military and police uniforms. the Congo for military training was broadcast The government denied these allegations but on the radio. He was provisionally released took no steps to investigate them. on medical grounds in September. His Extrajudicial executions imprisonment sent a chilling signal to the rest Most allegations of politically motivated of civil society that individuals reporting on killings carried out between 2010 and 2012 were not investigated. Victims and witnesses

Amnesty International Report 2014/15 91 remained at risk because of the lack of effective protection mechanisms. CAMBODIA The African Commission on Human and Peoples’ Rights agreed in June to consider a Kingdom of Cambodia complaint from civil society groups and Track Head of state: King Norodom Sihamoni Impunity Always (TRIAL) in relation to four Head of government:Hun Sen cases of extrajudicial executions.

JUSTICE SYSTEM Respect for the right to freedoms of The justice system lacked material, financial expression, association and assembly and logistical resources. Generalized deteriorated with a seven months’ ban on problems were regularly cited in relation public gatherings. The authorities used to the judiciary including a heavy backlog excessive force against peaceful protesters, of cases, a lack of transport to transfer resulting in deaths and injuries. Human suspects from detention facilities to court rights defenders and political activists and cases not being opened or prepared faced threats, harassment, prosecution for court by prosecutors. There were also and sometimes violence. Impunity for reports of corruption within the judiciary and perpetrators of human rights abuses the authorities continued to fail to effectively persisted, with no thorough, impartial and investigate politically sensitive cases. independent investigations into killings and beatings. Two further convictions at TRUTH AND RECONCILIATION the Extraordinary Chambers in the Courts COMMISSION of Cambodia for crimes against humanity On 15 May, a law establishing a Truth and during the Khmer Rouge period resulted in Reconciliation Commission (TRC) was life sentences; a second trial against the passed. The law failed to include clear same defendants was ongoing. Thousands of language on the setting up of a special people affected by land grabbing by private tribunal to prosecute individuals responsible companies for development and agro- for crimes under international law, including industry faced forced eviction and loss of war crimes and crimes against humanity. The land, housing and livelihood. TRC officially began on 10 December 2014 as 11 Commissioners were sworn into office. BACKGROUND In July the opposition Cambodian National Rescue Party (CNRP) ended its year-long 1. Burundi: Locked down: A shrinking of political space (AFR boycott of the National Assembly following an 16/002/2014) agreement with Prime Minister Hun Sen and www.amnesty.org/en/library/info/AFR16/002/2014/en his ruling Cambodian People’s Party (CPP) 2. Pierre Claver Mbonimpa is a prisoner of conscience (AFR over electoral reform. The opposition, which 16/003/2014) won 55 out of 123 seats in the July 2013 www.amnesty.org/en/library/info/AFR16/003/2014/en national elections, had alleged electoral fraud favouring the CPP. Two new laws – the Law on the Organization of the Courts and the Law on the Status of Judges and Prosecutors – were enacted in July, along with an amended Law on the Organization and Functioning of the Supreme Council of Magistracy. The laws gave excessive powers over judges and

92 Amnesty International Report 2014/15 prosecutors to the Ministry of Justice and the monitors and journalists were among those Supreme Council of Magistracy, contrary to specifically targeted and beaten. international standards. In June Cambodia rejected Amid widespread criticism from human recommendations by states participating in rights and refugee organizations, including the review of the government’s human rights UNHCR, the UN refugee agency, Cambodia record under the UN Human Rights Council’s signed a controversial Memorandum of Universal Periodic Review to investigate the Understanding with Australia in September use of excessive force against protesters and to accept an unknown number of recognized killings during demonstrations and to end refugees relocated from the Pacific island of impunity for such abuses. No one was held Nauru. Australia undertook to fund the costs accountable for any of the deaths or injuries of relocation and services for the refugees sustained.2 for one year in Cambodia and to provide additional aid worth US$40 million over a FREEDOM OF ASSEMBLY four-year period. On 5 January, the Ministry of Interior announced that demonstrations “must be EXCESSIVE USE OF FORCE provisionally suspended” following a three- Security forces used excessive force to day crackdown on protests that resulted in respond to peaceful assemblies, leading to at least four deaths and 23 arrests. Official deaths and injuries. On 2 January, 10 men, requests from individuals and groups for including four human rights defenders, were permission to hold gatherings in Phnom Penh beaten with wooden sticks and metal bars were repeatedly rejected. In April, Phnom and then arrested during a violent operation Penh’s Freedom Park – an area designated by soldiers in response to mostly peaceful for peaceful assembly under the Law on protests by striking garment factory workers. Peaceful Demonstrations – was barricaded The following day, four men were shot with barbed wire. Those who tried to gather dead and 21 others injured when security despite the ban were violently dispersed forces fired live ammunition during violent by security forces. Restrictions on peaceful clashes with striking garment workers assembly were loosened and Freedom Park and others in the Pur Senchey district of reopened in August following a political the capital, Phnom Penh. Although some agreement reached between the government protesters threw rocks, no threat was posed and opposition party. to the lives of security forces or others. The In addition to the 10 men arrested on 2 use of live ammunition appeared to be an January, another 13 workers were arrested on unnecessary response and was therefore in 3 January during the lethal clashes in Phnom violation of international standards. Dozens Penh’s Pur Senchey district. Some of the 23 of people were hospitalized, including many arrested were severely beaten by security with bullet wounds. Teenagers were among forces and denied access to medical care. the casualties; Khem Saphath, a 16-year-old All were charged with intentional violence youth, was last seen with a gunshot wound and other crimes and detained. They were and was presumed to have died.1 convicted in May following trials regarded by District security guards and plain-clothed local observers as unfair; their sentences were men were deployed to break up peaceful suspended and all were released. demonstrations in Phnom Penh throughout Eight officials of the opposition CNRP the year. They used weapons including sticks, were arrested and charged with leading wooden batons, metal bars, electroshock an “insurrection” following a violent clash weapons and slingshots. Human rights between some CNRP supporters and district security guards at an attempted peaceful

Amnesty International Report 2014/15 93 gathering at Freedom Park in July. They make a living, or at risk of forced eviction. were all released a week later as the political In March, the Cambodian Human Rights agreement was reached. However, 10 youth and Development Association (ADHOC) activists and one CNRP official, five of whom re-submitted complaints to the relevant were in pre-trial detention, were subsequently authorities on behalf of around 11,000 summoned for trial on 25 December on families involved in protracted disputes, some charges of “insurrection”; the trial was lasting more than 10 years. The families came adjourned until January 2015. Legal action from 105 communities in 17 of Cambodia’s was initiated in September against six trade 25 provinces. union leaders for “incitement”. Although Despite numerous promises from the they were not detained, the court issued authorities to find a solution, more than supervision orders, meaning they could not 100 out of 300 families forcibly evicted take part in or organize protests. from Borei Keila in Phnom Penh in January In November, seven women housing rights 2012 remained homeless and living in defenders from the Boeung Kak community harsh conditions. were imprisoned for a year after a summary In October a group of international trial for taking part in a peaceful street protest. law experts provided information to the Three other women and a Buddhist monk ICC on behalf of 10 victims alleging that were also imprisoned for calling for their “widespread and systematic” land grabbing release outside the court.3 by the Cambodian government was a crime Meetings and forums elsewhere in against humanity. the country were also prevented by local authorities. In March and June the INTERNATIONAL JUSTICE Cambodian Youth Network attempted to hold In August, Nuon Chea, 88, the former training sessions in Kampong Thom province second-in-command of the Khmer Rouge on human rights issues, including illegal regime, and Khieu Samphan, 83, the logging, but the sessions were disrupted by former head of state, were sentenced to life armed police. In June a planned public forum imprisonment by the Extraordinary Chambers on illegal logging in Preah Vihear province in the Courts of Cambodia (ECCC, Khmer was also banned. Rouge tribunal). They were convicted of the forced movement of the population LAND DISPUTES from Phnom Penh and elsewhere, and Conflicts over land continued, with the execution of soldiers from the Khmer disputes over land grabbing, forced Republic, the regime toppled by the Khmer evictions, Economic Land Concessions and Rouge. Both appealed the sentences. Eleven environmental concerns. This led to increased reparation projects designed by victims with protests and confrontations, often involving external funding were also endorsed by local authorities and private companies. the ECCC. In April, local rights group the Cambodian Case 002/02 against the two men began in League for the Promotion and Defense of October focusing on alleged crimes against Human Rights (LICADHO) estimated that the humanity at agricultural co-operatives and a total number of people affected since 2000 security centre in Takeo province. by land grabbing and forced evictions in 13 provinces monitored – about half the country – had passed half a million. 1. Cambodia: Open letter urging an immediate investigation into the Land disputes remained unresolved, disappearance of Khem Saphath (ASA 23/002/2014) leaving thousands either without adequate www.amnesty.org/en/library/info/ASA23/002/2014/en housing and land, and therefore unable to

94 Amnesty International Report 2014/15 2. Cambodia rejects recommendations to investigate killings of arbitrary arrests and illegal detentions. Most of protesters: Human Rights Council adopts Universal Periodic Review these violations were committed in the context outcome on Cambodia (ASA 23/005/2014) of the fight against Boko Haram. www.amnesty.org/en/library/info/ASA23/005/2014/en 3. Women defenders and Buddhist monk sentenced (ASA 23/007/2014) EXTRAJUDICIAL EXECUTIONS www.amnesty.org/en/library/info/ASA23/007/2014/en A number of people suspected of being linked to Boko Haram were allegedly killed by security forces, including by members of the BIR, in northern Cameroon. On 1 June, nurse Nzouane Clair René was shot dead CAMEROON near the town of Mora, following arrest by security forces. On the same day, Ousmane Republic of Cameroon Djibrine and Gréma Abakar, traders travelling Head of state: Paul Biya to a village market in Zigagué, were reportedly Head of government: Philémon Yang killed by BIR members in the village of Dabanga. On 15 June Malloum Abba was killed by BIR members in the village of Freedoms of association and assembly Tolkomari. On 20 June Oumaté Kola was continued to be restricted. Human rights reportedly found shot dead in the Mozogo defenders were frequently intimidated forest following his arrest by BIR members a and harassed by government security few days earlier. The same day, Boukar Madjo agents. Lesbian, gay, bisexual, transgender was shot dead, allegedly by BIR members, in and intersex people continued to face the town of Nguetchewé. discrimination, intimidation, harassment and other forms of attacks. The Nigerian ENFORCED DISAPPEARANCES Islamist armed group Boko Haram stepped Several cases of enforced disappearance up attacks in the northeastern region of were reported, especially in the extreme north Cameroon, including killings, burning of the country where security forces were villages and hostage-taking. Arbitrary fighting Boko Haram. Most of the reported arrests, detentions and extrajudicial cases were allegedly committed by members executions of people suspected of being of the BIR. members of Boko Haram were reportedly On 2 June, Abakar Kamsouloum was carried out by security agents. Hundreds reportedly arrested by security forces at his of thousands of refugees from Nigeria and home in Kousseri and transferred to a military the Central African Republic were living in camp. His fate and whereabouts remained crowded refugee camps in dire conditions. unknown to his family and local civil society organizations at the end of the year, despite BACKGROUND several requests for information to the local There were signs of instability across the authorities. country as a result of internal political tensions and external developments, ABUSES BY ARMED GROUPS including ongoing cross-border attacks by Boko Haram was responsible for human Boko Haram, and violence in neighbouring rights abuses, especially in the northeastern Central African Republic (CAR). Security region. Houses were burned and a number forces including the Rapid Intervention of people were killed during raids on Brigade (BIR) were responsible for human villages, often in punitive attacks for real or rights violations including killings, extrajudicial perceived co-operation with Cameroonian executions, enforced disappearances, security forces.

Amnesty International Report 2014/15 95 Boko Haram fighters conducted several They were later detained at a nearby police abductions in Cameroon during the year. station and a sixth person was also detained Some of those abducted were released, when he visited those already in detention. reportedly often after payment of a ransom Two of those arrested were released the by the government. The authorities continued same day. The other four were charged with to refute this allegation. On 27 July, the prostitution and “disturbance” and remained residence of Cameroonian Vice-Prime in detention until 7 October, when they were Minister Amadou Ali was attacked by Boko released pending an investigation. Haram members in the village of Kolofata, close to the Nigerian border. Seventeen HUMAN RIGHTS DEFENDERS people were abducted including the Vice- Human rights defenders and groups were Prime Minister’s wife. Several others including frequently intimidated, harassed and police officers were killed during the attack. threatened. Offices of some human rights All those abducted were released in October organizations were placed under surveillance together with 10 Chinese workers who were and at times attacked, allegedly by abducted in May. security agents. On the night of 12 June, the premises of REFUGEES' AND MIGRANTS’ RIGHTS the Central Africa Human Rights Defenders’ Thousands of refugees were living in dire Network (REDHAC) were burgled by a conditions in crowded camps in border areas group of eight unidentified armed men. after fleeing violence in the CAR and Nigeria. They threatened to kill the guard before At the end of the year there were around forcing their way into the offices, searching 40,000 refugees from Nigeria and some through documents and reportedly taking 238,517 from the CAR in the country. At least two television sets, three laptops, an iPad 130,000 refugees from the CAR crossed into and some money. The incident was the Cameroon following violence that erupted in fourth time REDHAC’s offices had been the CAR between the Séléka and Anti-balaka attacked, but despite the organization lodging armed groups in December 2013. Conditions complaints with the police, no concrete were difficult in the camps and attacks measure was taken by the authorities to on camps by unidentified armed groups effectively and fully investigate the incidents. were reported. These attacks led UNHCR, the UN refugee agency, to move refugees ARBITRARY ARRESTS AND DETENTIONS from border areas to more secure places People continued to be arrested and detained within Cameroon. without charge by security forces including by members of the BIR in the context of RIGHTS OF LESBIAN, GAY, BISEXUAL, its operation against Boko Haram in the TRANSGENDER AND INTERSEX PEOPLE northern regions. There were several cases Discrimination, intimidation, harassment of people being detained incommunicado. In and violence directed towards LGBTI most cases, detainees were prevented from people remained of serious concern. LGBTI receiving visits from family members, doctors individuals, mostly men but also women, were or lawyers. There were also several reported arrested for alleged same-sex sexual activity. cases of people being arbitrarily arrested and Some of those arrested were sentenced to detained by the police and gendarmerie for prison terms of up to five years. Others were civil matters, contrary to provisions of the arbitrarily detained and later released. Constitution and domestic legislation. On 1 October, five people, including one transgendered person, were arrested after police raided a home in the capital Yaoundé.

96 Amnesty International Report 2014/15 FREEDOMS OF ASSOCIATION that the situation of Indigenous Peoples in AND ASSEMBLY Canada had reached “crisis proportions Perceived or actual opponents of the in many respects”, including “distressing government continued to be denied the socio-economic conditions” and a right to organize peaceful activities and disproportionately high number of Indigenous demonstrations. people in prison. On 3 October, reggae singer Joe de Vinci In June, the Supreme Court for the first Kameni, known as Joe La Conscience, time recognized an Indigenous nation’s pre- was arrested by police outside the French colonial land title, upholding the right of the consulate in Douala as he was preparing Tsilhqot’in to own and manage a large part of to start a peaceful demonstration. A local their traditional territories. journalist was arrested alongside him and In September, Canada was the only later released. Joe de Vinci Kameni was state to take issue with part of the UN released on 9 October without charge. World Conference on Indigenous Peoples’ outcome document. In October, the Canadian Human Rights Tribunal heard concluding arguments in a case alleging discriminatory federal under- CANADA funding of child protection in First Nation Indigenous communities. Canada Head of state: Queen Elizabeth II, represented by WOMEN’S RIGHTS Governor General David Johnston In May, the Royal Canadian Mounted Police Head of government: Stephen Harper reported that at least 1,017 Indigenous women and girls were murdered between 1980 and 2012, four and a half times the There were systematic violations of the homicide rate for all other women. Despite rights of Indigenous Peoples. Attacks mounting demands, including by provincial against two Canadian soldiers provoked and territorial governments, the federal a debate about terrorism and national government refused to initiate a national security laws. action plan or public inquiry. In November, separate allegations of INDIGENOUS PEOPLES’ RIGHTS sexual assault and/or harassment against a In February, the government rejected a radio host and two Members of Parliament proposed mine in the traditional territory sparked a national debate about violence of the Tsilhqot’in people in the province of against women. British Columbia, which an environmental assessment concluded would cause COUNTER-TERROR AND SECURITY irreversible and profound harm to Tsilhqot’in In January, it was revealed that a national culture and society.1 However, the federal security agency, Communications Security government gave resource development Establishment Canada, had monitored precedence over Indigenous rights in a thousands of travellers’ electronic devices series of other large-scale projects, including at a major airport and for days after they left the Northern Gateway oil sands pipeline, the airport. approved in June, and the Site C dam In May, the Supreme Court ruled that using megaproject, approved in October. Special Advocates in “immigration security In May, the UN Special Rapporteur on certificate” hearings provided a fair process the rights of Indigenous Peoples reported even though they were generally barred

Amnesty International Report 2014/15 97 from communicating with the individuals spéciale d’examen des événements du concerned after accessing secret evidence. printemps 2012) criticized the Quebec In June, the Citizenship Act was reformed, provincial government’s handling of student allowing dual nationals convicted of terrorism protests in 2012, including policing tactics. and some other offences to be stripped of The Quebec government rejected the Canadian citizenship. There were concerns Commission’s recommendations. about dual tiers of citizenship and unfairness Numerous civil society organizations that in the revocation procedure. criticized government policies were targeted In July, the Alberta Court of Appeal ruled for audits related to their charitable tax status that Omar Khadr should be treated as a and the permissibility of their advocacy work. juvenile offender. He was apprehended by US There were concerning disclosures about forces in Afghanistan when he was 15 years police surveillance of Indigenous land rights old and held for 10 years at the US detention activists, including sharing the information centre at Guantánamo Bay in Cuba until his with corporations. transfer to Canada in 2012 to complete his prison sentence. JUSTICE SYSTEM In October, two Canadian soldiers were In October, the Supreme Court upheld the killed in separate attacks; Patrice Vincent State Immunity Act, barring the family of in St-Jean-Sur-Richelieu and Nathan Cirillo Zahra Kazemi, a Canadian/Iranian national in Ottawa. The gunman who killed Nathan who was tortured and died in Iranian custody Cirillo then entered the Canadian Parliament in 2003, from bringing a lawsuit against Iran and was killed by security officers. The in Canada. government subsequently proposed law reforms to increase the powers of the CORPORATE ACCOUNTABILITY Canadian Security Intelligence Service. In May, the third annual report assessing the The bill did not address concerns about human rights impact of the Canada-Colombia inadequate national security oversight. Free Trade Agreement was released. It failed to consider significant human rights concerns REFUGEES AND ASYLUM-SEEKERS facing Indigenous Peoples in Colombia. In July, the Federal Court ruled that cuts Lawsuits alleging human rights abuses to the Interim Federal Health Program for were filed against Canadian mining refugees were unconstitutional. companies Tahoe Resources in June In October, the government proposed and Nevsun Resources in November, in legislation allowing for provincial and territorial connection with their operations in Colombia governments to deny social assistance to and Eritrea respectively. refugee claimants. In November, changes to the Office of Also in October, a coroner’s inquest into the Extractives Sector Corporate Social the 2013 death by hanging of Mexican Responsibility (CSR) Counsellor fell short national Lucía Vega Jiménez in a Vancouver of calls for an Ombudsperson with power airport holding cell recommended changes to to investigate companies and recommend immigration detention. sanctions and remedies for non-compliance. There were concerns about the Corporate participation in the complaints low numbers of Syrian refugees given process remained voluntary, although resettlement places in Canada. companies faced withdrawals of certain government services if they did not respect FREEDOM OF EXPRESSION Canada’s CSR strategy. In May, the Special Commission on the events of Spring 2012 (Commission

98 Amnesty International Report 2014/15 LEGAL, CONSTITUTIONAL OR investigated or arrested and no action has INSTITUTIONAL DEVELOPMENTS been taken to bring them to justice. A bill which would add gender identity to the Canadian Human Rights Act and Criminal BACKGROUND Code hate crime provisions was stalled in the Violence continued in the Central African Senate at the end of the year. Republic (CAR) despite the deployment Despite repeated calls, the government of MINUSCA, in September 2014, and did not ratify the Arms Trade Treaty or the the presence of French forces (known Optional Protocol to the UN Convention as Sangaris) and European Union forces against Torture. (EUFOR). Deadly attacks against civilians, including on those in sites for internally displaced persons (IDP), by the anti-Balaka, 1. Canada: Submission to the United Nations Human Rights Committee, Séléka and armed Peulh fighters (members of 112th Session (AMR 20/001/2014) the Peulh ethnic group) continued. According to the UN, in mid-November, 7,451 military and 1,083 police personnel had been deployed to MINUSCA. On 10 January, Séléka leader and CAR CENTRAL AFRICAN President Michel Djotodia resigned following pressure from the international community REPUBLIC and CAR civil society organizations. Catherine Samba-Panza was sworn in as the new Central African Republic Transitional President on 23 January. Head of state: Catherine Samba-Panza On 7 February 2014 the Prosecutor of the Head of government: Mahamat Kamoun International Criminal Court (ICC) announced a new preliminary examination into crimes allegedly committed in the CAR since Crimes under international law such as September 2012. In September, the Office of war crimes and crimes against humanity the Prosecutor announced its conclusion that were regularly committed, including there was a reasonable basis for investigating killings, mutilation of bodies, abductions, crimes defined under the Rome Statute recruitment and use of child soldiers and committed in CAR since September 2012. forced displacement of populations. In On 11 July, a Séléka congress designated December 2013 a coalition of the mainly former President Djotodia and former Christian and animist anti-Balaka armed commander and Minister Nourredine Adam groups attacked the capital Bangui and the as the group’s president and vice-president mostly Muslim Séléka forces retaliated, respectively. Those two individuals are killing dozens of civilians. The United under UN and US sanctions for their alleged Nations Multidimensional Integrated involvement in human rights violations Stabilization Mission in the Central African and abuses. Republic (MINUSCA) – which replaced the Prime Minister André Nzapayéké and African-led International Support Mission his entire cabinet resigned following the to the Central African Republic (MISCA) ceasefire agreement signed in July 2014 in in September 2014 – has not stopped or Brazzaville, Republic of Congo, by armed prevented abuses in the region. Many of groups' representatives, political parties, those suspected of criminal responsibility, churches and civil society organizations. On including commanders of the Séléka, 22 August, Transitional President Samba- anti-Balaka, and their allies, have not been

Amnesty International Report 2014/15 99 Panza appointed the new Prime Minister anti-Balaka militia. All sides systematically Mahamat Kamoun. targeted civilians believed to support the other On 7 August, a memorandum of side’s fighters. understanding was signed between MINUSCA On 10 December, MINUSCA announced and the government to “establish a Special that it had arrested Abdel Kader “Baba Jurisdiction created by national legislation, in Ladde”, leader of the Chadian armed group which international judicial and prosecutorial Popular Front for Recovery near Kabo at the executive functions would be attached to a border with Chad. Baba Ladde and members national judicial body”. However, legislation of his armed group had been accused of for the “Special Criminal Court” has yet to be attacking civilians in northern CAR and passed and no funding has been provided. recruiting child soldiers. Fresh violence erupted in the capital Bangui in mid-October. A series of violent ABUSES BY ARMED GROUPS incidents occurred in Bangui, with MINUSCA Abuses by Séléka forces facing protests and attacks. At least Séléka forces were allegedly responsible a dozen people were killed and thousands for serious human rights abuses, including were forced to flee and live in camps for killings, burning houses and villages IDPs. Escalating violence by the Séléka, mostly belonging to Christians, forced armed Peulh fighters and anti-Balaka was displacement of the populations and enforced observed in the central region, especially disappearances. Christian communities around the city of Bambari. On 9 October frequently attributed responsibility for Séléka’s 2014, a MINUSCA convoy was attacked abuses to the country’s Muslim minority; acts leaving one peacekeeper dead, another of retaliation were reported and the already severely wounded, and seven others injured. serious sectarian divisions deepened. No Sporadic clashes between anti-Balaka fighters effective investigations were conducted into and international forces, including EUFOR, most incidents. continued. According to UNHCR, the October On 22 January, more than 100 Christian violence displaced some 6,500 people in civilians including children were allegedly Bangui, but that number could be higher. killed by Séléka fighters and armed Muslim As of October 2014 there were 410,000 civilians in Baoro. On 17 April, Father IDPs and some 420,000 people had fled to Wilibona was allegedly killed by Séléka and neighbouring countries. armed Peulh fighters after being ambushed at On 29 October, the UN Panel of Experts Tale village. On 26 April, 16 people, including on CAR released its final report which 13 local leaders and three aid workers from highlighted credible evidence of crimes under Médecins Sans Frontières (MSF), were killed international law committed by armed groups. by a Séléka group, prompting MSF to reduce It also referred to the exploitation of natural its CAR activities. On 7 July, 26 people were resources by armed groups; the illicit transfer killed and 35 seriously wounded during an of arms and ammunition; arms proliferation; attack at a church and IDP site in Bambari. and violations of international humanitarian More than 10,000 people fled. On 1 October, law, including attacks on schools and Séléka fighters attacked an IDP camp next hospitals, sexual violence and the use of to the MINUSCA base in Bambari (which child soldiers. accommodated Christian and animist IDPs). By the end of 2014, anti-Balaka and Several people were killed. On 10 October, Séléka groups lacked co-ordination, leading Séléka fighters attacked an IDP site in the to the creation of various other groups among Catholic Church compound in Dekoa. Nine them. The mostly Muslim Séléka forces clashed with the mainly Christian and animist

100 Amnesty International Report 2014/15 civilians including a pregnant woman were 14 October, in the Bangui neighbourhood of killed and several wounded. Nguingo, anti-Balaka members killed three Abductions by Séléka civilians, seriously injured at least 20 more, In April, the Séléka in Batangafo abducted and burned down 28 houses and a church. a bishop and three priests. They were later The attack was revenge for an earlier assault released following negotiation between the on some of their members by the local authorities, the Catholic Church and Séléka population following a previous attack by commanders. Those allegedly responsible the armed group. Over 1,000 people fled to for the abduction were identifiable but no the Democratic Republic of Congo (DRC)’s investigation was opened. Equator province, while 100 took refuge at a Abuses by the anti-Balaka Catholic Church compound. In September, Anti-Balaka armed group members were Djimbété encampment for the Peulh ethnic responsible for war crimes and crimes against group was attacked. Several people were humanity. They were the main perpetrators of killed including a six-year old boy. abuses committed against Muslims in Bangui Abuses committed by armed Peulh fighters and in western CAR, especially following the Armed Muslim Peulh fighters who were often former President’s resignation in January allies of the Séléka conducted attacks killing 2014, and the retreat of most Séléka forces to and injuring mainly Christians, pillaging and the northeastern region. burning villages and houses. In October, Since 8 January 2014, a series of deadly armed Muslim Peulh fighters allegedly attacks on Muslims were carried out across carried out several attacks on villages around western CAR. Some attacks were allegedly Bambari and in central and northern CAR. At carried out in revenge for the previous killing least 30 people were killed. of Christians by Séléka forces and armed Muslims. On 16 January, 20 civilians were VIOLATIONS COMMITTED BY killed and dozens injured outside the town AFRICAN UNION PEACEKEEPERS of Bouar, when their vehicle was attacked Chadian national army (ANT) members and by anti-Balaka militias. Some victims were those of the Chadian contingent of MISCA hacked to death with machetes, others were were allegedly involved in serious human shot. Among the victims was an 11-year-old rights violations. In some instances MISCA girl. On 14 January, after stopping a truck in forces failed to protect civilians, while in Boyali and demanding the Muslims get off, others members of its contingents allegedly anti-Balaka fighters killed six members of a committed serious human rights violations family: three women and three small children, with impunity. aged one, three, and five. On 18 January, On 4 February, members of the ANT at least 100 Muslims were killed in the town allegedly shot dead three people in the town of Bossemptele. Two days later, anti-Balaka of Boali, while they were repatriating Chadians fighters killed four Muslim women who had and Muslims to Chad. On 18 February, hidden in a Christian family’s house. On 29 Chadian troops were responsible for killing at September, Abdou Salam Zaiko, a Muslim least eight people including children, when from Bambari, was killed when the vehicle they indiscriminately opened fire on a crowd he was travelling in was attacked. According in Damara and at the PK12 neighbourhood to witnesses, the anti-Balaka allowed the of Bangui. On 29 March, troops opened Christian driver and passengers to leave the fire on a market crowd in Bangui killing vehicle, but killed Zaiko and other Muslim and injuring several civilians. Following passengers. On 8 October, seven Muslim criticism from the international community, passengers in a car owned by Saidu Daouda the Chadian authorities withdrew their 850 were killed after the car was ambushed. On soldiers from MISCA in April. On 24 March

Amnesty International Report 2014/15 101 MISCA’s Congolese (Brazzaville) contingent intimidation by armed groups and the were allegedly implicated in the enforced transitional authorities. Several journalists disappearance of at least 11 people, including were reportedly killed because of their work. four women, from the home of a local militia No effective investigations were known to leader in Boali. have been carried out into these incidents. No MISCA peacekeepers had been On 29 April, two journalists were attacked in investigated for human rights violations by the Bangui. Désiré Luc Sayenga, a Démocrate end of the year. newspaper journalist, died after being knifed and shot by a group of young men. René PRISON CONDITIONS Padou, who worked with the protestant The conditions and security at Bangui’s church Radio La Voix de la Grâce, died Ngaragba prison remained of concern. On after an armed group threw grenades and 3 November, 584 prisoners were registered, shot him. Both journalists had previously including 26 minors. The prison’s capacity denounced crimes committed across was 500 adults. In late November more than the CAR. 650 inmates were held in cramped cells. There was a lack of adequate sanitation IMPUNITY and protection against malaria. Prisoners The transitional authorities and the UN defecated in plastic bags which they threw failed to effectively investigate crimes under outside, jeopardizing their own health and international law, including war crimes that of people living nearby. and crimes against humanity committed Anti-Balaka militia attacked the prison in CAR, therefore perpetuating the cycle in January 2014 and killed at least four of violence and fear. In July, Amnesty suspected Séléka members detained there. International published a dossier naming That led to the escape of all prisoners. CAR 20 individuals, including anti-Balaka and officials told Amnesty International that the Séléka commanders, against whom it had anti-Balaka members who led the attack were credible evidence to suspect that they could well known to them. However, by the end of be responsible for war crimes, crimes against the year, no action had been taken to bring humanity and other serious human rights the perpetrators to justice. abuses committed since December 2013. On 24 November, a riot erupted at In December the organization revealed that Ngaragba prison. Some prisoners, suspected some of these men were allegedly implicated of being anti-Balaka members, armed with in interference with the administration of at least three Kalashnikov rifles and hand justice and further crimes under international grenades, attacked the prison guards and the law between September and October 2014. UN contingent guarding the prison. According to witnesses, at least one UN peacekeeper and 13 inmates were wounded. The riot followed the death of a detainee allegedly for lack of medical treatment and harsh detention CHAD conditions. The detainees also demanded that their cases be heard in reasonable time, with Republic of Chad some complaining of having been in detention Head of state: Idriss Déby Itno for 10 months without trial. Head of government: Kalzeubé Payimi Deubet

FREEDOM OF EXPRESSION The few journalists who remained operational Serious human rights violations continued were often victims of harassment and to take place with almost total impunity.

102 Amnesty International Report 2014/15 The rights to freedom of expression and to Front for Recovery (Front Populaire pour peaceful assembly were frequently violated. le Redressement, FPR) had been accused Human rights defenders, journalists and of serious human rights abuses including trade unionists were victims of harassment, the recruitment and use of child soldiers in intimidation, arbitrary arrest and detention. northern CAR. They had also been accused People, including protesters, were killed of setting fire to villages in northern CAR by members of the security services during between January and July. He later fled Chad demonstrations. and on 10 December, he was arrested by UN peacekeepers near the town of Kabo in BACKGROUND northern CAR, at the border with Chad. He Issues related to economic, social and cultural was arrested on an arrest warrant issued rights were of great concern throughout the by judicial authorities in Bangui in May and year. Across the country, people, including remained detained in the prison in Bangui at civil servants, organized demonstrations the end of the year. demanding pay increases and denouncing the high cost of living. Chad was hosting more ARBITRARY ARRESTS AND DETENTIONS and more refugees from the Central African According to the UN Panel of Experts on Republic (CAR), Sudan and recently Nigeria, CAR, three civil servants from the CAR, putting pressure on the already scarce namely the sous-préfet of Markounda, the resources and creating tensions within the secretary-general of the sous-préfecture and communities, especially in south, east and the director of a public school, were arrested northwestern parts of the country. Individuals by Chadian security forces in the CAR on 17 responsible for committing human rights May and taken to N’Djamena, the capital of violations, including members of the police, Chad. The three were not released despite the gendarmerie and the National Intelligence several requests from the CAR authorities. Agency (ANS), continued to do so with almost On 23 June, two members of the UN Panel total impunity. of Experts on CAR were arrested by Chadian defence and security forces at a border post IMPUNITY in the CAR while conducting investigations. Members of the army and the Chadian The UN Panel reported that its experts component of the then African Union mission had identified themselves, explained their to the Central African Republic (MISCA), mandate, privileges and immunities but that who were involved in killing civilians and they were forcibly driven from the border post other serious human rights violations in the to the town of Goré in Chad where they were CAR, had impunity after they withdrew from detained for four hours, before being escorted MISCA on 3 April. On 29 March, Chadian back to the border and released. troops opened fire at a crowd in a market in the PK12 district of Bangui, the capital PRISON CONDITIONS of the CAR, killing and wounding dozens Conditions remained harsh in most of the of people. Chadian troops were involved in country’s prisons. According to witnesses, other incidents including killings of civilians conditions were worse in detention facilities in the towns of Boali, Damara and in PK12 in where visits were not allowed. These were February. On 19 July, President Idriss Déby run by the police, the gendarmerie and appointed the Chadian rebel leader Abdel the national security services. N’Djamena Kader "Baba Ladde" as préfet of Grande remained without a prison after the demolition Sido prefecture at the border with the CAR. of the city’s prison in December 2011. He was appointed despite the fact that he Detainees were held in a former gendarmerie and members of his armed group Popular

Amnesty International Report 2014/15 103 barrack compound in Amsinéné on the same-sex conduct between consenting adults outskirts of the city. with jail sentences of between 15 and 20 Harsh conditions in prisons frequently years, and a fine of 50,000 to 500,000 CFA led to prison escapes and revolts. On 4 francs (US$100 to 1,000). The bill was not November, a revolt erupted in Amsinéné passed into law at the end of the year. prison after the prison authorities had not allowed some prisoners to stay in INTERNATIONAL JUSTICE the prison courtyard and forced them to At the end of the year, the Extraordinary stay in cells instead. In solidarity with the African Chambers (the Chambers) in Dakar, punished inmates, other prisoners gathered Senegal, was finalizing its investigation in the main courtyard. The gendarmes into alleged crimes by the former Chadian guarding the prison started shooting at the President Hissène Habré. The Chambers prisoners. According to various sources, at indicted him in July 2013 and, if the least one prisoner was killed and several investigating judges decided that there others wounded. was sufficient evidence, his trial would be scheduled to start in May 2015. Habré’s FREEDOM OF EXPRESSION reign from 1982-1990 was marked by serious Human rights defenders, journalists and trade human rights violations, including torture unionists regularly faced violations of their and other ill-treatment, arbitrary arrests and right to freedom of expression. They were illegal detentions. frequently intimidated, harassed or arbitrarily On 14 November, the trial of 26 former arrested by security service officers and state security agents connected to the Habré administrative authorities. era commenced in Chad. International and On 8 October, community Radio FM local human rights organizations expressed Liberté was suspended for seven days concern that the trial could undermine the following a decision by the High Council for upcoming trial of Hissène Habré in Dakar, Communication. The station had broadcast a Senegal. In October, the Chambers requested statement signed by 12 human rights NGOs Chad to send these suspects to Dakar but criticizing the absence of fuel on the market. Chad declined to transfer them and refused another request by the Chambers to travel FREEDOM OF ASSEMBLY to Chad to interview them. There were also Trade unions and political and human concerns from the victims and human rights rights groups were frequently denied the organizations that the trial may not meet right to peaceful activities or protests. Most international fair trial standards. demonstrations were violently disrupted by security forces. REFUGEES' AND MIGRANTS’ RIGHTS On 11 November, protesters, including Despite efforts by the international community teachers, demonstrating against the high and the authorities to assist the tens of cost of living in N’Djamena and the towns of thousands of people who recently fled into Moundou and Sarh, were attacked by security the country from the CAR and Nigeria, their forces. According to various sources, at living conditions remained dire. Shelter, least one person was killed and several were food and medical facilities were needed by wounded after being shot. more than 150,000 refugees and Chadian returnees. Most of them were living in camps RIGHTS OF LESBIAN, GAY, BISEXUAL, in southern Chad near the border with CAR. TRANSGENDER AND INTERSEX PEOPLE Throughout the year, violence caused by the The government proposed a draft bill armed group Boko Haram in Nigeria also amending the penal code to criminalize forced thousands to flee to Chad, mostly to

104 Amnesty International Report 2014/15 the area near Lake Chad; 368,000 refugees repeated allegations of excessive use of force from Darfur were living in refugee camps in by police during protests since 2011. eastern Chad. Some 97,000 refugees from CAR who fled their country stayed in camps MILITARY JUSTICE SYSTEM in southern Chad. Cases of human rights violations involving On 8 August, the authorities of Logone members of the security forces continued to Oriental province in southern Chad forcibly be dealt with by military courts.2 Decisions and without prior notice relocated people from by the Supreme Court and the Constitutional the Doba transit site to another site in the Court, upholding the right to due process village of Kobitey. and international human rights obligations, transferred some cases to ordinary courts.3 In May, a former police officer was sentenced to three years and 61 days' imprisonment for fatally shooting 16-year- CHILE old Manuel Gutierrez Reinoso and injuring Carlos Burgos Toledo during a protest in Republic of Chile 2011. However, as the sentence imposed Head of state and government: was for less than five years, the officer was Jeria (replaced Sebastián Piñera Echenique in conditionally released. The family’s appeal March) against the sentence was pending before a higher military court at the end of the year.4 In 2013, a police officer was found Cases of police violence continued to responsible by a military court for inflicting be dealt with by military courts. Legal serious injuries on journalist Víctor Salas proceedings against those responsible for Araneda and sentenced to 300 days' past human rights violations continued. conditional release and suspended from work. However, Víctor Salas Araneda, who lost the BACKGROUND sight in his right eye while he was reporting on In March, Michelle Bachelet Jeria took office a protest in 2008, was not granted reparation. promising to decriminalize abortion in certain Death in custody circumstances. She also pledged to bring In May, Iván Vásquez Vásquez died in the anti-terrorism law and the military justice custody in Chile Chico, Aysén region. The system into line with international standards. family’s lawyers argued that he was beaten to Chile accepted most of the death and that more than one police officer recommendations made under the UN was involved in the crime. A first autopsy Universal Periodic Review. These included a indicated that suicide was not the cause of call for the 1978 Amnesty Law to be repealed death, as initially indicated by the police. A and for reform to legislation regulating sexual police officer was charged by a military court and reproductive rights. In June, the UN with using unnecessary violence resulting in Human Rights Committee made similar death. However, the charges were dropped recommendations.1 in October after a second autopsy requested by the defence stated that the cause of death POLICE AND SECURITY FORCES was suicide. Concerns remained around the In August, the police made public the security impartiality of this autopsy. Full results of the protocols used during demonstrations. This autopsy were pending at the end of the year. followed repeated complaints about the lack of transparency of the methods used by the police to respond to protests. There had been

Amnesty International Report 2014/15 105 IMPUNITY particular concerns about abuses against Some progress was made in bringing minors in the context of the conflict. to justice those responsible for human In May, the Supreme Court confirmed the rights violations committed under General 18-year prison sentence of Celestino Córdova, Pinochet’s regime. According to the President a Mapuche machi (traditional healer), in of the Supreme Court, by March there were connection with the deaths in January 2013 1,022 active cases, of which 72 related of Werner Luchsinger and Vivianne Mackay. to allegations of torture. Official data from The couple died following an arson attack the Ministry of the Interior Human Rights on their house in the Vilcún community, Programme indicated that, by October, 279 Araucanía region. The Oral Criminal Court people had been convicted in connection of Temuco, which ruled in the first instance, with these crimes; these convictions were dismissed the prosecution’s allegation that not subject to appeal. At the end of 2014, this was a terrorist attack. The defence 75 people were serving prison sentences in alleged that Celestino Córdova’s trial was connection with these crimes. politically motivated and had fallen short of In May, 75 former agents of the secret international fair trial standards, and was police (Dirección de Inteligencia Nacional, another example of how the authorities dealt DINA) were convicted in connection with the with the issue by criminalizing Mapuche enforced disappearance of Jorge Grez Aburto land claims rather than seeking to resolve in 1974.5 In October the Supreme Court underlying issues. convicted former DINA members, including In October, José Mauricio Quintriqueo its former head Manuel Contreras Sepúlveda, Huaiquimil died after being run over by a of the enforced disappearance of Carlos tractor while he and other Mapuche were Guerrero Gutiérrez and Claudio Guerrero entering a farm in the Araucanía region. Hernández, in 1974 and 1975 respectively. According to reports, they had gone to the Investigations into the torture of Leopoldo farm in connection with a proposal they were García Lucero were continuing at the end of preparing for the authorities about what the year. In August 2013, in its first ruling part of the land could be given to them. The on a case of a Chilean torture survivor, the community had been occupying part of the Inter-American Court of Human Rights farm with the owner’s agreement. A man condemned the excessive delays in initiating suspected of responsibility for the death was the investigations into this crime.6 detained and the investigation was continuing In June, the authorities announced at the end of the year. legal reforms that would, if implemented, In April, the UN Special Rapporteur on the make torture a specific offence in the promotion and protection of human rights Criminal Code. and fundamental freedoms while countering In September, the government announced terrorism published a report on his 2013 its intention to speed up the discussion of a visit to Chile highlighting discrepancies 2006 bill to overturn the 1978 Amnesty Law. between the national anti-terrorism law and The debate around the amnesty law was the principle of legality and due process in ongoing before the Congress at the end of the the context of Mapuche proceedings. A bill year.7 to reform the anti-terrorism law was under discussion in Congress at the end of the year. INDIGENOUS PEOPLES’ RIGHTS In May, the Inter-American Court of There were renewed allegations of excessive Human Rights condemned Chile for human use of force and arbitrary detention rights violations in its application of the during police operations against Mapuche anti-terrorism law against eight Mapuche Indigenous communities. There were sentenced in 2003. The Inter-American Court

106 Amnesty International Report 2014/15 also ordered the state to adopt all necessary 6. Chile: 40 years on, Chile torture victim finally finds justice measures to ensure that court decisions in www.amnesty.org/en/articles/news/2013/11/years-chile-torture- these cases were not enforced. The Inter- victim-finally-finds-justice/ American Court argued that the stereotyping 7. Chile: Pinochet victims see justice within their grasp, 6 October 2014 of the accused in these cases violated the (Press release) principles of equality, and non-discrimination www.amnesty.org.au/news/comments/35724/ and equal protection before the law.

SEXUAL AND REPRODUCTIVE RIGHTS Abortion remained a criminal offence in all circumstances. A bill to decriminalize CHINA abortion in cases of rape, incest, threats to the life of the woman and foetal malformation People's Republic of China was announced by the government but not Head of state: Xi Jinping submitted to the Congress. Head of government: Li Keqiang

DISCRIMINATION In October, legislation on civil partnerships, The authorities continued to severely including for same-sex couples, was passed restrict the right to freedom of expression. by the Senate. At the end of the year, it was Activists and human rights defenders under discussion by the Deputies Chamber . risked harassment and arbitrary detention. A bill on the right to gender identity that Torture and other ill-treatment remained would allow people to change their name and widespread and access to justice was gender on official documents was before the elusive for many. Ethnic minorities Senate at the end of the year. including Tibetans, Uighurs and Mongolians faced discrimination and increased security crackdown. Record numbers of workers 1. Chile: Submission to the United Nations Human Rights Committee: went on strike demanding better pay and 111th session of the Human Rights Committee (7-25th July 2014) conditions. In November 2013, the Central (AMR 22/003/2014) Committee of the Chinese www.amnesty.org/en/library/info/AMR22/003/2014/en in its Third Plenum issued a blueprint for 2. Chile: Urge reformar la justicia militar (AMR 22/007/2014) deepening economic and social reforms, www.amnesty.org/es/library/info/AMR22/007/2014/es paving the way for modifications to family 3. Chile: Importante decisión del Tribunal Constitucional sobre la planning policies and China’s household aplicación de la jurisdicción militar en un caso de tortura (AMR registration system. The abolition of the 22/005/2014) Re-education Through Labour system www.amnesty.org/en/library/info/AMR22/005/2014/es was also announced in 2013. The Fourth Chile: Corte Suprema resuelve a favor de una aplicación restrictiva de Plenum in October 2014 focused on the la justicia militar (AMR 22/006/2014) rule of law. www.amnesty.org/en/library/info/AMR22/006/2014/es 4. Chile: “No sabía que existían dos tipos de justicia hasta que nos BACKGROUND ocurrió esto” (22 August 2014) Throughout 2014, President Xi Jinping www.amnesty.org/es/news/chile-no-sab-que-exist-dos-tipos-de- continued to pursue a high-profile anti- justicia-hasta-que-nos-ocurri-esto-2014-08-22 corruption campaign, targeting both low- and 5. Chile: Important conviction against 75 former agents of Pinochet in a high-ranking officials. In July, state media case of enforced disappearance (AMR 22/001/2014) announced that Zhou Yongkang, a former www.amnesty.org/en/library/info/AMR22/001/2014/en Minister of Public Security and Communist Party Politburo Standing Committee member,

Amnesty International Report 2014/15 107 had been under investigation for alleged In a rare case, an appeal court in Harbin, corruption since late 2013. He was the most Heilongjiang Province, in August upheld senior official targeted in the campaign, in the convictions of four people charged with which, thus far according to official sources, torture. They and three others had been more than 100,000 officials had been found guilty by the court of first instance of investigated and punished. torturing several criminal suspects in March The UN Committees on Economic, Social 2013, and were sentenced to between one and Cultural Rights and on the Elimination and two and a half years in prison. Only three of Discrimination against Women, reviewed of the seven were police officers; the other China’s implementation of the ICESCR and four were “special informants” – ordinary CEDAW1 in May and October respectively. citizens allegedly “helping” the police to In December 2013 the UN Human Rights investigate crimes. One of their victims died Council adopted the outcome document of in custody after being tortured with electric China’s second Universal Periodic Review. shocks and beaten with a shoe.

ARBITRARY DETENTION TRADE IN TORTURE INSTRUMENTS The National People’s Congress officially AND MISUSE OF LAW abolished China’s notorious Re-education ENFORCEMENT EQUIPMENT Through Labour system in December 2013. China consolidated its position as a major Following its abolition, the authorities made manufacturer and exporter of a growing extensive use of other forms of arbitrary range of law enforcement equipment, detention, including Legal Education Centres, including items with no legitimate policing various forms of administrative detention, function such as electric shock stun “black jails”, and illegal house arrest. In batons and weighted leg cuffs. In addition, addition, police frequently used vague equipment that could be used legitimately charges of “picking quarrels and provoking in law enforcement but was easy to abuse, trouble” and “disturbing order in a public such as tear gas or riot control vehicles, has place” to arbitrarily detain activists for up to been exported from China without adequate 37 days. Members of the Chinese Communist controls even when there was a substantial Party suspected of corruption were held risk of serious human rights violations by the under the secretive system of shuanggui (or receiving law enforcement agencies.3 “double-designation”) without access to legal assistance or their families. DEATH PENALTY In May, the Supreme People’s Court in TORTURE AND OTHER ILL-TREATMENT a landmark ruling overturned the death Torture and other ill-treatment remained sentence of Li Yan, a victim of domestic widespread. In March, four lawyers who violence, and ordered a retrial. This was were investigating a Legal Education Centre still pending at the end of the year. The in Jiansanjiang, Heilongjiang Province, were Ziyang City Intermediate People’s Court had arbitrarily detained and tortured. One of them, sentenced Li Yan to death in 2011 for the Tang Jitian, said that he was strapped to an murder of her husband, ignoring evidence of iron chair, slapped in the face, kicked, and sustained abuse. hit so hard over the head with a plastic bottle In a rare case of acquittal, the High Court filled with water that he passed out. He said in Fujian Province in August overturned the he was later hooded and handcuffed behind death sentence of food stall owner Nian his back and suspended by his wrists, while Bin for allegedly poisoning neighbours with police continued to beat him.2 rat poison. Nian Bin had originally been sentenced to death in 2008, despite his claim

108 Amnesty International Report 2014/15 that he had confessed under torture.4 The FREEDOM OF EXPRESSION High Court cited insufficient evidence but did The Chinese leadership increased its efforts to not address the allegations of torture. systematically restrict freedom of information. Similarly, in the case of Hugjiltu, a man In late 2013, the Communist Party set up from who was executed for a group to “coordinate internet security”. rape and murder in 1996, in December the However, a group member reportedly Inner Mongolia People’s Court declared his described the task as engaging in a battle innocence and rescinded its original verdict. “against ideological penetration” from “foreign His family was awarded over 2 million yuan in hostile forces”. compensation. In June, the All China Lawyers Association released draft regulations that would prohibit HUMAN RIGHTS DEFENDERS lawyers from discussing ongoing cases or Human rights defenders continued to writing open letters, or from criticizing the risk harassment, arbitrary detention, legal system, government policies and the imprisonment, and torture and other ill- Communist Party. Also in June, the State treatment for their legitimate human rights Administration of Press, Publication, Radio, work. Cao Shunli died from organ failure Film and Television banned journalists from in a hospital in March after being denied reporting on issues or areas outside their adequate medical care in detention for an current field of reporting and from posting existing condition.5 She had been detained critical articles that had not been approved by at a Beijing airport in September 2013 when their work unit. on her way to a human rights training in The authorities continued to use criminal Switzerland. law to suppress freedom of expression, The crackdown on rights activism including by detaining and imprisoning intensified during the year. Individuals activists whose internet postings were viewed associated with a loose network of activists more than 5,000 times or re-posted more called the New Citizens’ Movement were than 500 times. sentenced to between two and six and a Criminal charges were brought against half years’ imprisonment. The movement journalists. Gao Yu, a prominent journalist, campaigned for equal education rights for was taken away in April and later detained children of migrant workers, abolition of on suspicion of “illegally disseminating the household registration system, greater state secrets internationally”. Xiang Nanfu, government transparency and against a contributor to Boxun, one of the largest corruption.6 More than 60 activists were independent Chinese language news sources, arbitrarily detained or put under illegal house was detained in May. Both were shown on arrest in the run-up to the 25th anniversary in national TV “confessing” to their alleged June of the violent crackdown in 1989 of pro- crimes even before their trials began. democracy protests in and around Tiananmen , a Uighur scholar and founder Square in Beijing. Several remained in of the website Uighur Online, was sentenced detention awaiting trial, including prominent to life imprisonment in September after being human rights lawyer Pu Zhiqiang.7 In late convicted of “separatism”. Articles from the September and early October, approximately website were the main evidence cited by the 100 activists across China were detained for authorities. Ilham Tohti was denied access their support of pro-democracy protests in to legal counsel for five months after being Hong Kong. Thirty-one remained in detention detained, and was tortured and denied food at the end of the year.8 in pre-trial detention.9

Amnesty International Report 2014/15 109 FREEDOM OF RELIGION MIGRANT WORKERS’ RIGHTS People practising religions banned by Changes to the household registration system the state, or without state permission, known as hukou made it easier for rural risked harassment, arbitrary detention, residents to move to small or mid-size cities. imprisonment, and torture and other ill- Access to benefits and services, including treatment. In the Xinjiang Uighur Autonomous education, health care and pensions, Region (XUAR), the authorities stepped up continued to be linked to hukou status, already onerous restrictions on Islam with the which remained a basis for discrimination. stated aim of fighting “violent terrorism and The hukou system forced many internal religious extremism”. Numerous counties migrants to leave their children behind in the posted notices on their websites stating that countryside. students should not be permitted to observe Ramadan, and many teachers gave food XINJIANG UIGHUR AUTONOMOUS and sweets to children to ensure that they REGION (XUAR) did not observe the fast. Prohibitions on Authorities ascribed numerous violent government employees and Communist Party incidents which occurred in the XUAR or cadres adhering to a religion were reinforced other regions to Uighur individuals, and used and several Uighur cadres were punished these to justify a heavy-handed response. for downloading religious materials from the In May, a “strike hard” campaign was internet or “worshipping openly”. Outward launched to target “violent terrorism and signs of adherence to Islam such as beards or religious extremism”, raising concerns that veils were often banned. accused individuals would not receive fair In Zhejiang province, a large-scale trials. Top officials prioritized speed in making campaign against churches was carried out arrests and convening trials, while calling for under the pretext of rectifying structures greater “co-operation” between prosecuting with building code violations. The authorities authorities and courts. By 26 May, XUAR demolished churches and removed crosses officials had announced the detention of over and crucifixes. In May, a building of the 200 suspected members of “terrorist and Xiaying Holy Love Church in Ningbo was extremist groups” and the breaking up of reportedly demolished because it was “eye- 23 “terror rings”. On 29 May, at one of the catching”. People practising banned religions, several “sentencing rallies” since the launch such as those worshipping of the campaign, 55 people, all believed to be in “house churches” or Falun Gong Uighurs, were sentenced for crimes including practitioners, continued to face persecution. terrorism in front of nearly 7,000 spectators in a stadium.10 REPRODUCTIVE RIGHTS On 28 July, state media reported that 37 The changes to China’s family planning civilians were killed when a “knife-wielding policies enabled married couples to apply to mob” stormed government offices in Yarkand have two children if either parent is an only County (in Chinese: Shache) and that security child. The Standing Committee of China’s forces had shot dead 59 attackers. Uighur National People’s Congress formalized the groups disputed this account, putting the changes in December 2013, and provinces death toll much higher and saying rather that began to implement them in 2014. Many police opened fire on hundreds of people who restrictions on reproductive rights remained were protesting against the severe restrictions in place. placed on Muslims during Ramadan. Uighurs faced widespread discrimination in employment, education, housing and

110 Amnesty International Report 2014/15 curtailed religious freedom, as well as political water for several hours before being released marginalization. without charge. In late September, thousands of students staged a week-long class boycott AUTONOMOUS REGION that culminated in a sit-in in front of the AND TIBETAN POPULATED AREAS Civic Square, near the headquarters of the IN OTHER PROVINCES Hong Kong government. Later that night Ethnic Tibetans continued to face some of the protesters entered the fenced-off discrimination and restrictions on their rights portion of the Civic Square. Police responded to freedoms of religious belief, expression, with pepper spray and contained 70 of the association and assembly. Several Tibetan protesters in the Square, 20 of whom were monastic leaders, writers, protesters and arrested the following day.12 activists were detained. This led to calls for the start of a civil In August, Tibetan demonstrators were disobedience campaign – “Occupy reportedly shot by police and security forces Central” – to occupy streets in central Hong in Kardze (in Chinese: Ganzi), Sichuan Kong. On 28 September, the police used Province, where a crowd had gathered to tear gas and pepper spray in an attempt to protest against the detention of a village disperse thousands of peaceful protesters leader. At least four demonstrators died from who had gathered in streets near the their wounds and one protester committed administrative headquarters. On 3 October, suicide in detention. counter-demonstrators attacked protesters, Seven people set themselves on fire in including sexually assaulting, harassing Tibetan populated areas in 2014 in protest and intimidating women and girls, while the against repressive policies by the authorities; police failed to intervene for several hours.13 at least two died as a result. The number Journalists covering the protests complained of known self-immolations since March that police prevented them from doing their 2011 rose to 131. The authorities targeted job. On 15 October, six police officers were some relatives and friends of those who filmed beating up a protester in a dark corner self-immolated for allegedly “inciting” or in the Admiralty protest zone.14 During the “abetting” such acts. clearance of the Mongkok protest zone15 In some counties, family members and outside the government complex in of self-immolators, or those who have Admiralty, in late November police used attended the Dalai Lama’s teachings, were arbitrary force against protesters, journalists sympathetic towards the “Dalai Clique” or and bystanders. The largely peaceful protests had “connections overseas”, were barred ended in mid-December and, according to from senior positions or from standing as Hong Kong Police Commissioner Andy Tsang, candidates in village elections. 955 people were arrested in relation to the Occupy protests and more arrests would be HONG KONG SPECIAL made later. ADMINISTRATIVE REGION Freedom of expression Freedom of assembly Fears for the right to Large-scale protests took place in Hong Kong were raised when Kevin Lau Chun-to, the in 2014. On 1 July, organizers estimated that former chief editor of Ming Pao newspaper, more than 500,000 people took part in a pro- was removed from his post in January. Under democracy march, followed by a sit-in in the Lau, Ming Pao had reported on alleged business district. More than 500 protesters human rights violations and wrongdoings were arrested the following night.11 Some of high-ranking officials in Hong Kong reported they were not allowed access to and China. lawyers and were not provided with food and

Amnesty International Report 2014/15 111 In October, over 20 journalists from democracy group, said he was suspended for Television Broadcasts Limited, a local "imposing political beliefs" on his students; television station, issued an open letter after an inquiry, the university did not renew criticizing perceived self-censorship by the his contract. Another academic, Eric Sautede, broadcaster in its reporting of the police a lecturer at the University of St. Joseph, lost beating of “Occupy Central” protester Ken his post in July; the university rector told a Tsang Kin-Chiu. local Portuguese language newspaper it was Migrant domestic workers due to Eric Sautede’s political commentary. Thousands of the approximately 300,000 migrant domestic workers in Hong Kong, nearly all women, were trafficked for 1. China: Hong Kong SAR: Submission to the United Nations Committee exploitation and forced labour, and heavily on the Elimination of Discrimination Against Women: 59th session, 20 indebted with illegal and excessive agency October – 7 November 2014 (ASA 17/052/2014) fees. The “Two-Week Rule”, which stipulates www.amnesty.org/en/library/info/ASA17/052/2014/en that after an employment contract ends 2. China: Amnesty International calls for an investigation in to the migrant domestic workers must find new allegations of torture of four lawyers in China (ASA 17/020/2014) employment or leave Hong Kong within two www.amnesty.org/en/library/info/ASA17/020/2014/en weeks, and the requirement that migrant 3. China’s trade in tools of torture and repression (ASA 17/042/2014) domestic workers must live with their www.amnesty.org/en/library/info/ASA17/042/2014/en employers, increased their risk of suffering 4. China: Death row inmate freed after six years of trials and appeals human and labour rights abuses. Employers (Press release) often subjected them to physical or verbal www.amnesty.org/en/articles/news/2014/08/china-death-row- abuse; restricted their freedom of movement; inmate-freed-after-six-years-trials-and-appeals/ prohibited them from practising their faith; 5. China: Fear of cover-up as Cao Shunli’s body goes missing (Press paid them less than the statutory Minimum release) Allowable Wage; denied them adequate www.amnesty.org/en/articles/news/2014/03/china-fear-cover-cao- rest periods; and arbitrarily terminated their shunli-s-body-goes-missing/ contracts, often in collusion with employment 6. China: Xu Zhiyong four year jail sentence shameful (Press release) agencies. The Hong Kong authorities failed to www.amnesty.org/en/articles/news/2014/01/china-xu-zhiyong-four- properly monitor employment agencies and year-jail-sentence-shameful/ punish those who violated the law. China: Three anti-corruption activists jailed on ‘preposterous’ charges In December, the District Court began (Press Release) a high-profile trial involving three female www.amnesty.org/en/news/china-three-anti-corruption-activists- Indonesian migrant domestic workers: jailed-preposterous-charges-2014-06-19 Erwiana Sulistyaningsih, Nurhasanah and 7. Tiananmen crackdown: Repression intensifies on eve of 25 Tutik Lestari Ningsih. Their former employer, anniversary (Press release) Law Wan-tung, faced 21 charges including www.amnestyusa.org/news/news-item/tiananmen-crackdown- causing grievous bodily harm with intent, repression-intensifies-on-eve-of-25th-anniversary assault, criminal intimidation and failure to 8. China: Release supporters of Hong Kong protests (Press release) pay wages.16 www.amnesty.org/en/news/china-release-supporters-hong-kong- protests-2014-10-01 MACAU SPECIAL 9. China: Deplorable life sentence for Uighur academic (Press release) ADMINISTRATIVE REGION www.amnesty.org/en/articles/news/2014/09/china-deplorable-x-year- Pro-democracy academics reported being jail-sentence-uighur-scholar/ targeted for their political participation and 10. China: Shameful stadium ‘show trial’ is not justice (Press release) criticism of the government. Bill Chou Kwok- www.amnesty.org/en/news/china-shameful-stadium-show-trial-not- ping, an academic at the University of Macau justice-2014-05-29 and vice-president of Macau's largest pro-

112 Amnesty International Report 2014/15 11. Hong Kong: Mass arrests a disturbing sign for peaceful protest (Press by a scandal involving the wiretapping release) of government and FARC negotiators by www.amnesty.org/en/news/hong-kong-mass-arrests-disturbing-sign- elements within the security forces and peaceful-protest-2014-07-02 intelligence services in an attempt to derail 12. Hong Kong: Police response to student pro-democracy protest an the peace process. Despite the ongoing alarming sign (Press release) peace talks, human rights violations and www.amnesty.org/en/news/hong-kong-police-response-student-pro- violations of international humanitarian democracy-protest-alarming-sign-2014-09-27 law (IHL) continued to be committed 13. Hong Kong: Women and girls attacked as police fail to protect by both sides, as well as by paramilitary peaceful protesters (Press release) groups operating alone or in collusion www.amnesty.org/en/news/hong-kong-women-and-girls-attacked- with or with the acquiescence of sectors police-fail-protect-peaceful-protesters-2014-10-04 of the security forces. Indigenous People, 14. Hong Kong: Police officers must face justice for attack on protester Afro-descendant and peasant farmer (Press release) communities, women and girls, human www.amnesty.org/en/news/hong-kong-police-officers-must-face- rights defenders, community activists and justice-attack-protester-2014-10-15 trade unionists bore the brunt of the human 15. Hong Kong: Heavy-handed policing will only inflame protests (Press rights consequences of the 50-year-long release) armed conflict. Such abuses included forced www.amnesty.org/en/articles/news/2014/11/hong-kong-heavy- displacements, unlawful killings, hostage handed-policing-will-only-inflame-protests/ taking and abductions, death threats, 16. Hong Kong: The government has to put an end to the exploitation of enforced disappearances, torture and migrant domestic workers (Press release) sexual violence. The government promoted www.amnesty.ca/news/news-releases/hong-kong-the-government- legislation that threatened to exacerbate has-to-put-an-end-to-the-exploitation-of-migrant impunity and undermine the little progress made in recent years to bring to justice some of those suspected of crimes under international law and other human rights COLOMBIA abuses and violations. INTERNAL ARMED CONFLICT Republic of Colombia The civilian population, especially Indigenous, Head of state and government: Afro-descendant and peasant farmer Calderón communities, as well as human rights defenders continued to be the most affected by the armed conflict. According to the latest The peace talks between the government figures available from the NGO CODHES and the guerrilla group, the Revolutionary (Consultoría para los Derechos Humanos y Armed Forces of Colombia (Fuerzas el Desplazamiento), almost 220,000 people Armadas Revolucionarias de Colombia, were forcibly displaced in 2013. FARC) continued to make progress, despite According to the National Indigenous a three-week suspension of negotiations Organization of Colombia (Organización towards the end of the year. The two sides Nacional Indígena de Colombia, ONIC), 10 reached partial agreements on several key Indigenous people were killed for conflict- issues. The peace process emerged as a related reasons and at least 2,819 forcibly key theme in the May presidential election, displaced in the first nine months of 2014.2 In which was won by the incumbent Juan 2013, 30 killings and 3,185 victims of forced Manuel Santos following a second round in displacement were recorded. June.1 The election campaign was marred

Amnesty International Report 2014/15 113 On 12 September, two Embera Dovida The framework agreement marked Indigenous leaders were killed in Alto Baudó a significant step forward as both sides Municipality, Chocó Department, reportedly acknowledged their responsibility for human by the guerrilla group, National Liberation rights abuses, that victims’ rights lay at the Army (Ejército de Liberación Nacional, ELN). heart of the peace process and that these Afro-descendant communities in the south rights were non-negotiable. The framework western port city of Buenaventura were the agreement did not, however, make an target of a growing wave of violence, including explicit commitment to guarantee justice killings and enforced disappearances, for all victims. There were fears this could carried out mostly by paramilitaries and undermine the long-term viability of an criminal gangs. Some of the victims were eventual peace agreement.4 dismembered. The violence was concentrated in poor areas of the city earmarked for the SOCIAL PROTEST development of port infrastructure and other Senior state officials claimed that a national economic projects.3 strike by peasant farmers in April had been The sheer scale of human rights abuses infiltrated by guerrilla groups. This placed was underscored by a report published by the demonstrators at risk of revenge attacks by state’s National Centre of Historic Memory in paramilitaries. In May, paramilitaries sent 2013. It concluded that between 1985 and a death threat to human rights defenders 2012, almost 220,000 people were killed, accusing them of organizing the strike, which 80% of them civilians. At least 25,000 people they claimed was supported by guerrilla were the victims of enforced disappearances, groups.5 carried out mostly by paramilitaries and the Similar accusations by the authorities security forces. Some 27,000 people were were made during protests by Indigenous kidnapped between 1970 and 2010, mostly communities in October 2013, a national by guerrilla groups, and more than 5 million peasant farmer strike in August 2013, and people were forcibly displaced between 1985 peasant farmer demonstrations in Catatumbo and 2012. By November, the government had in June 2013. There were allegations that registered more than 7 million victims. the security forces used excessive and disproportionate force during the protests. PEACE PROCESS The UN High Commissioner for Human The peace negotiations, held in , Rights stated that nine protesters, five Cuba, between the government and the FARC bystanders and one police officer were killed continued to offer the best chance in over a with firearms during the protests in 2013. decade to put an end to hostilities. However, on 17 November, the government suspended SECURITY FORCES talks in protest at the capture of an army Extrajudicial executions by the security forces general by the FARC in Chocó Department. continued to be reported, albeit in fewer He was released on 30 November and talks numbers than during the administration resumed on 10 December. On 17 December, of President Álvaro Uribe (2002-2010). the FARC declared a unilateral ceasefire that However, the Office of the Attorney General began on 20 December. failed to make progress in bringing to justice At the end of the year, the two sides had most of those responsible for these crimes, reached partial agreements on three of the especially senior officers. Many cases six agenda items. A framework agreement on continued to be referred to military courts. a fourth, on victims’ rights, was made public These courts, which are neither independent in June. nor impartial, failed to deliver justice. According to the report on the situation of

114 Amnesty International Report 2014/15 human rights in Colombia published by GUERRILLA GROUPS the UN High Commissioner for Human Guerrilla groups committed serious Rights in January, 48 cases of extrajudicial human rights abuses and violations of executions attributed to the security forces international humanitarian law, especially were transferred to the military justice system against communities in rural areas. and “numerous other cases were transferred Despite the FARC's public commitment to directly by civilian prosecutors” in the first end kidnappings, cases continued to be eight months of 2013. reported. The NGO País Libre reported 233 kidnappings in the first nine months of 2014, PARAMILITARIES compared to 299 in the whole of 2013. Most The Justice and Peace Law (Law 975 kidnappings were attributed to common of 2005), through which thousands of criminals, with guerrilla groups responsible for paramilitaries who laid down their arms in 21% and paramilitaries for 3% of the total. a government-sponsored process were to Landmines, mostly laid by the FARC, benefit from a maximum of eight years in continued to kill and maim civilians and prison in return for confessions about human members of the security forces. Guerrilla rights violations, failed to respect the right of groups, as well as paramilitary groups, victims to truth, justice and reparation. The continued to conscript children, mostly in process began in 2005, but by September rural areas, forcing many families to flee their 2014, only 63 paramilitaries had been homes to protect their children. The FARC convicted of human rights violations under also carried out indiscriminate attacks that Law 975. Most of the 30,000 paramilitaries placed civilians at risk. who reportedly laid down their arms failed to submit themselves to the limited scrutiny of IMPUNITY Law 975. Impunity remained a hallmark of the conflict, These groups, which the government with very few perpetrators of human rights referred to as criminal gangs (bandas abuses held to account. The government’s criminales, Bacrim), continued to operate support of legislation that threatened to boost and to commit serious human rights impunity called into question its commitment violations, either alone or in collusion with to the right of victims to truth and justice. or with the acquiescence of sectors of In October, the government presented two the security forces. Such groups targeted bills to Congress. The first sought to expand human rights defenders, community leaders the crimes that could be considered acts of and trade unionists, as well as Indigenous, service under the remit of the military justice Afro-descendant and peasant farmer system. The second could ensure that human communities.6 rights violations committed by the security Around 160 paramilitaries who submitted forces would not be investigated as criminal themselves to Law 975 were eligible for actions, but rather in a manner to determine release in 2014. Some were high-ranking whether or not they constitute breaches leaders who had been in prison on remand of international humanitarian law. This but had served the maximum eight years could result in those responsible escaping stipulated in Law 975. Many were expected criminal prosecution by presenting the crime to return to their original areas of operation, as a proportionate action in the course of raising concerns about the impact on the armed conflict. safety of victims and human rights defenders In September, 12 UN human rights experts in these areas. warned that Senate Bill No. 85, which was under discussion in Congress at the time of writing, would be a step backwards for

Amnesty International Report 2014/15 115 human rights: “[ I]f adopted, Bill No.85 million hectares of land had been subject to could seriously weaken the independence abandonment or dispossession. and impartiality of the judiciary … Its Land claimants and those representing adoption would also … represent a major them, including human rights defenders setback in the Colombian state’s long- and state officials, were threatened or killed, standing fight against impunity for cases of mostly by paramilitary groups.7 By August violations of international humanitarian law 2014, the Office of the Attorney General and international human rights law.” The was investigating the killing of at least 35 bill listed a number of crimes that would be individuals who had a suspected association dealt with exclusively by the military justice with land restitution. On 8 July, Robinson system, including homicide and breaches Álvarez Quemba, a topographer working of international humanitarian law . Since with the government’s Land Restitution Unit, extrajudicial executions are not a separate was shot by an unidentified assailant while crime in the Criminal Code, they could be working in the municipality of San Roque, defined as homicide and thus investigated by Antioquia Department. He died of his injuries military prosecutors. three days later. In August 2013, the Constitutional Court had upheld the constitutionality of the Legal HUMAN RIGHTS DEFENDERS Framework for Peace, approved by Congress Human rights defenders faced grave dangers. in June 2012. This could enable alleged The Office in Colombia of the UN High human rights abusers to evade justice by Commissioner for Human Rights recorded 40 giving Congress the power to limit criminal killings of human rights defenders between trials to those “most responsible” for human January and September. This compared rights abuses, and to suspend prison to more than 70 human rights defenders sentences handed down to paramilitary, killed in 2013, according to the NGO Somos guerrilla and security force combatants Defensores. Indigenous and Afro-descendant convicted of such crimes. But the Court leaders, land activists and community leaders ruled that the sentences of those “most were among the victims. According to the responsible” could not be suspended if they NGO, National Trade Union School (Escuela were responsible for crimes against humanity, Nacional Sindical), 20 members of trade genocide or war crimes. However, there was unions were killed by 11 December; at least no clear definition of, or criteria to determine, 27 were killed in 2013. “most responsible”. These attacks, as well as the theft of sensitive information, ongoing death threats LAND RESTITUTION and the misuse of the legal system to The Victims and Land Restitution Law, which bring bogus charges against human rights came into force in 2012, sought to provide defenders, undermined the work of human full reparation, including land restitution, rights organizations and fostered a climate of to some of the victims of the conflict. The fear. There was an increase in the number legislation was an important step forward in of death threats towards the end of 2014. efforts to acknowledge some victims’ right In September and October, more than 100 to reparation, but it remained flawed and its human rights defenders, community leaders, implementation progressed slowly. By August peace activists, land restitution leaders, 2014, only some 30,000 hectares of land had politicians and journalists, received a series been adjudicated to peasant farmers and only of mass email death threats from several one 50,000-hectare territory to Indigenous paramilitary groups.8 Only a few of those communities. Official figures suggested that responsible for threats against and killings of in the course of the conflict an estimated 8

116 Amnesty International Report 2014/15 human rights defenders were identified, let compared to some US$228.6 million and alone brought to justice. around US$195.9 million, respectively, in The state’s protection programmes, 2013. In September 2014, 25% of the total coordinated by the National Protection Unit military assistance for the year was released (Unidad Nacional de Protección, UNP), after the US Secretary of State determined continued to provide security to thousands that the Colombian government had made of individuals at risk, including human rights progress in improving human rights. defenders. But these programmes suffered from serious weaknesses, including severe INTERNATIONAL SCRUTINY delays in implementing security measures. In her report on the human rights situation In September, the UNP was rocked by in Colombia, published in January, the a corruption scandal in which senior UNP UN High Commissioner for Human Rights officials, including the administrative director congratulated the Colombian government on and secretary general, were accused of taking “its determined pursuit of a negotiated end kickbacks from private contractors to whom to the internal armed conflict”, but noted that the UNP subcontracts most of its protection all parties to the conflict were still responsible work. The UNP also acknowledged in for human rights abuses and violations. The September that because of a budget shortfall report also stated that the unwillingness of it would have to withdraw the protection state institutions “to accept responsibility for schemes of some beneficiaries. human rights violations undermines further advances in human rights”. VIOLENCE AGAINST WOMEN AND GIRLS In August, the Inter-American Commission All the parties to the conflict carried out rapes on Human Rights (IACHR) published its and other forms of sexual violence, primarily report on the human rights situation in against women and girls. The authorities Colombia. The report welcomed progress continued to fail to implement Constitutional in the peace talks but noted that the armed Court Judicial Ruling 092 of 2008. This conflict continued to have a serious impact on ordered the authorities to put an end to human rights. It warned that the human rights such crimes and to bring to justice those situation could not be resolved without also responsible. addressing the problem of impunity. In June, President Santos signed into In March, the IACHR requested that the law legislation on conflict-related sexual Colombian government adopt precautionary violence (Law 1719).9 The law defined such measures for Bogotá Mayor Gustavo Petro violence as a war crime and a crime against and that his removal from office, ordered humanity. It addressed a number of specific by the Office of the Procurator General in practices that continued to be carried out January, be suspended until the IACHR could in the conflict, including sexual slavery and rule on the case. The government initially sexual exploitation, and enforced sterilization, refused to comply with the request and only prostitution, abortion, pregnancy and nudity. reversed its decision after it was ordered to do Under the law, no statute of limitations is so by Colombia’s Constitutional Court in April. applicable in cases of genocide, crimes The UN Human Rights Council adopted against humanity and war crimes. the outcome of the September 2013 Universal Periodic Review of Colombia. US ASSISTANCE Amnesty International welcomed Colombia’s US assistance to Colombia continued to fall. support of recommendations to fight In 2014, the USA allocated some US$214.5 impunity, but reiterated its concerns that million in military and around US$164.9 legislation to broaden the scope of military million in non-military assistance to Colombia, jurisdiction and the Legal Framework for

Amnesty International Report 2014/15 117 Peace would seriously undermine efforts to use of force, and torture and other ill- combat impunity. treatment were committed, including during the mass forced expulsion of people from the Democratic Republic of the Congo 1. Colombia: Open letter to Presidential candidates. Putting human (DRC). Freedoms of expression, assembly rights at the heart of the election campaign (AMR 23/014/2014) and association were restricted. www.amnesty.org/en/library/info/AMR23/014/2014/en 2. Colombia: Two Indigenous leaders killed, third at risk REFUGEES’ AND MIGRANTS’ RIGHTS (AMR/23/001/2014) More than 179,000 foreign nationals from the www.amnesty.org/en/library/info/AMR23/001/2014/en DRC, including refugees and asylum-seekers, 3. Colombia: Death threats received in “humanitarian zone” (AMR were forcibly returned during police operation 23/016/2014) “Mbata ya Mokolo”. Some DRC nationals who www.amnesty.org/en/library/info/AMR23/016/2014/en remained were in hiding, fearing deportation. 4. Historic Colombia-FARC declaration fails to guarantee victims’ right The operation was carried out by police to justice in cities nationwide, ostensibly to reduce www.amnesty.org/en/articles/news/2014/06/historic-colombia-farc- irregular immigration and criminality, and declaration-fails-guarantee-victims-right-justice/ targeted people from the DRC in particular. 5. Colombia: Paramilitaries threaten human rights activists (AMR 23/017/2014) FREEDOM OF EXPRESSION www.amnesty.org/en/library/info/AMR23/017/2014/en Freedom of expression including press 6. Colombia: Election candidates receive death threats (AMR freedom was seriously limited including 23/005/2014) in relation to proposed constitutional www.amnesty.org/en/library/info/AMR23/005/2014/en amendments to allow President Nguesso a 7. Colombia: Land rights activists threatened in Colombia (AMR third term in office. Journalists were subject 23/019/2014) to harassment and intimidation by the www.amnesty.org/en/library/info/AMR23/019/2014/en police and local authorities. Human rights 8. Colombia: Mass death threats to human rights defenders (AMR defenders feared for their security and were 23/030/2014) consequently reluctant to denounce violations www.amnesty.org/en/library/info/AMR23/030/2014/en involving high-profile officers. 9. Colombia: New law aims to address impunity for conflict-related On 26 September, Cameroonian crimes of sexual violence (AMR 23/24/2014) journalist Elie Smith was expelled following www.amnesty.org/en/library/info/AMR23/024/2014/en a statement by the Ministry of the Interior accusing him of “seditious and subversive acts” and “intelligence with foreign powers working against the interests of the Republic of Congo”. Local human rights CONGO organizations claimed that the decision was politically motivated. (REPUBLIC OF) On 23 September, freelance journalist Sadio Kanté was forced to leave the country, Republic of Congo accused of illegal residence among other Head of state and government: Denis Sassou charges. She denied all the allegations. Nguesso FREEDOM OF ASSEMBLY Freedom of peaceful assembly, especially for Serious human rights violations including trade unions and perceived or actual political cases of rape and other sexual violence, opponents of the government, was severely arbitrary arrests and detention, excessive restricted during the year.

118 Amnesty International Report 2014/15 On 4 November, police burst into the was confirmed that she had been raped. Brazzaville residence of Clément Mierassa, In September, Amnesty International opposition leader and president of the researchers referred the girl to a specialized Congolese Democratic Social Party, and medical centre for additional treatment and disbanded a political meeting. According psychological support. to witnesses, the police beat some of the participants. Around 30 arrests were made. IMPUNITY Police officers suspected of committing ARBITRARY ARRESTS AND DETENTIONS serious human rights violations continued to Several cases of arbitrary arrests and enjoy impunity. Congolese soldiers accused detentions were reported during operation of serious human rights violations, including Mbata ya Mokolo targeting DRC nationals, enforced disappearances, while serving in including refugees and asylum-seekers legally regional peacekeeping forces in the Central living in Congo. Opposition party members, African Republic were not investigated. trade unionists and their family members In May the authorities announced that were also frequently subject to arbitrary arrest 18 police officers involved in human rights and detention by the police. violations during the Mbata ya Mokolo On 4 January, police arrested Tamba operation had been suspended from their Kenge Sandrine and her four children. They duties. It was not clear if the suspension were released the same day without charge. remained in force at the end of year or if the The arresting officer had come to arrest her authorities had conducted any investigations husband, Kouka Fidele, because of his trade to establish whether police officers had been union activities, and arrested his wife and responsible for violations. children instead. Kouka Fidele spent several In June the African Union announced that months in hiding, fearing arrest. it would open investigations into allegations Jean-Bernard Bossomba “Saio”, a refugee of Congolese members of the African-led from the DRC was arrested by the police on International Support Mission to the Central 22 May and detained in a national police cell African Republic (MISCA) being implicated in Brazzaville until 22 July. No formal charges in the enforced disappearance on 24 March were made. A former army officer in the of at least 11 people in the Central African DRC, he said that he feared for his security if Republic. However, by the end of the year, no returned there. such investigations were known to have been initiated by the authorities. VIOLENCE AGAINST WOMEN AND GIRLS Reports were received in September alleging that Congolese police officers were raping women, including within refugee and asylum- seeker communities. At the end of the year, CÔTE D’IVOIRE no action was known to have been taken by the authorities to investigate the allegations. Republic of Côte d'Ivoire A five-year-old girl was raped, allegedly Head of state: Alassane Ouattara by police who, according to relatives, Head of government: Daniel Kablan Duncan took her and other family members from their home in Brazzaville during the night. Officers separated the girl from the group Côte d’Ivoire was examined by the UN before forcing them all to board a ferry to Universal Periodic Review mechanism , DRC. The child was taken to which raised concerns about the adequacy hospital on arrival in Kinshasa, where it of the government’s action on several

Amnesty International Report 2014/15 119 issues including on women’s rights and In November, the government agreed to the lack of (or selective) accountability for pay the outstanding wages and bonuses crimes committed during the post-electoral claimed by soldiers who had protested violence in 2010-2011. Hundreds of over two years of back pay and housing detainees awaited trial in connection with benefits. Also in November, the opposition post-electoral violence. Côte d’Ivoire refused party, Ivorian Popular Front (FPI), confirmed entry to more than 400 Ivorian refugees who Laurent Gbagbo’s candidacy for the 2015 had fled to Liberia during the post-electoral Presidential elections, despite the fact crisis. Lesbian, gay, bisexual, transgender that he is awaiting trial at the International and intersex (LGBTI) people continued to Criminal Court (ICC). In December, the face discrimination. Tribunal declared Laurent Gbagbo’s candidacy inadmissible. BACKGROUND In December 2013, the government renewed JUSTICE SYSTEM the mandate of the Special Investigation In January and May, more than 180 political Commission tasked with investigating crimes prisoners held in relation to post-electoral committed during the 2010-2011 post- violence of 2010-2011 were released, some electoral violence as well as the mandate on a provisional basis in view of an upcoming of the Commission for Dialogue, Truth and trial in 2015. More than 600 detainees were Reconciliation (CDVR). The CDVR published awaiting trial in connection with the violence. its findings in December 2014 and expressed Some political prisoners held in the Maison concern about selective justice. d’Arrêt et de Correction (MACA) Abidjan In April 2014, Côte d’Ivoire was examined prison staged a hunger strike to protest by the UN Universal Periodic Review against detention conditions and the slow mechanism, which raised concerns about judicial process. Three political detainees the adequacy of the government’s action on died in custody in the MACA in unclarified several issues including: action to ensure circumstances. accountability for crimes committed during In July, the Minister of Justice announced the post-electoral violence in 2010-2011; that the investigation into the disappearance measures taken to implement the national of journalist Guy André Kieffer would be reconciliation process; efforts to ensure an reopened, as would the investigation into the open and free election campaign before death of Yves Lambelin, head of the Société the 2015 presidential elections; steps to immobilière et financière de la côte africaine ensure a safe and enabling environment for (SIFCA) who was killed during the post- civil society; and women’s rights, including electoral crisis. measures to prevent sexual violence. The trial of 83 people, including Simone In July 2014, Côte d’Ivoire refused entry Gbagbo and Michel Gbagbo, wife and son to over 400 Ivorian refugees who had fled respectively of the former President Laurent to Liberia during the post-electoral violence. Gbagbo, and former senior officials of Côte d’Ivoire claimed it was to prevent the the Gbagbo administration, began in late spread of the Ebola Virus Disease, which December 2014. The accused face charges was present in Liberia, but UNHCR, the including threatening state security and the UN refugee agency, had ensured that every creation of armed groups. refugee had had a medical screening. Despite the screenings more than 35,000 Ivorian INTERNATIONAL JUSTICE refugees were waiting in Liberia for the Ivorian Former President Gbagbo remained in authorities to reopen the border. ICC custody. In June, the ICC confirmed the charges against him and committed

120 Amnesty International Report 2014/15 his case to trial. He will be tried for crimes Environment Programme (UNEP) confirmed against humanity. The trial is currently set for that it will carry out an environmental audit of July 2015. the dump sites in 2015. In March, Côte d’Ivoire surrendered Charles Blé Goudé, accused of crimes against ABUSES BY ARMED GROUPS humanity committed during post-electoral In December 2013, the UN Operation in violence, to the ICC. In December, the ICC Côte d’Ivoire (UNOCI) released a report confirmed four charges of crimes against on the Dozo, a group of traditional hunters humanity against him and committed him who fought on behalf of Alassane Ouattara to trial. during the post-electoral crisis. The report In December, the Pre-Trial Chamber of documented serious human rights violations the ICC rejected Côte d’Ivoire’s challenge to allegedly committed by members of the the admissibility of the case against Simone Dozo between March 2009 and May 2013, Gbagbo, who was charged by the ICC in including unlawful killings, illegal arrest and February 2012 with murder, sexual violence, detentions, looting and extortions. At least persecution and other inhuman acts, 228 people were killed, 164 others injured allegedly committed during the post-electoral by bullets, machetes and knives, and 162 crisis. Côte d’Ivoire has filed an appeal against arbitrarily arrested and illegally detained. the decision. In addition, 274 cases of looting, arson and extortion were verified and confirmed, RIGHTS OF LESBIAN, GAY, BISEXUAL, including in the regions of Gbôklé, Haut- TRANSGENDER AND INTERSEX PEOPLE Sassandra, Gôh, Cavally, Guemon, Tonkpi, Lesbian, gay, bisexual, transgender and Marahoué, Nawa, Indenie-Djuablin, Poro and intersex (LGBTI) people faced increasing Moronou.1 discrimination. In January, the office of Alternative Côte d’Ivoire, an organization working for the rights of LGBTI people living 1. Côte d'Ivoire: The Victors' Law – the human rights situation two years with HIV, was ransacked by a large mob. after the post-electoral crisis (AFR 31/001/2013) Computers were stolen, walls were daubed www.amnesty.org/en/library/info/AFR31/001/2013/en with homophobic slogans and a staff member was badly beaten. Police refused to respond or investigate the incident. The Director of Alternative Côte d’Ivoire’s house was also later attacked. A security forces member was CROATIA reportedly among the attackers. Several staff members subsequently went into hiding. Republic of Croatia Head of state: Ivo JosipovicHead of government: CORPORATE ACCOUNTABILITY Zoran Milanovic Eight years after the dumping of toxic waste in Abidjan no medical study had been conducted to assess the long-term health Discrimination against Croatian Serbs and implications of exposure to the waste. The Roma continued. Same-sex partnerships company that made and sent the waste to were legally recognized. The rate of Abidjan – oil trader Trafigura – has never investigation and prosecution of war crimes disclosed the full information about the waste remained at a low level. content and its potential impact; nor has it been properly held to account for its role in the dumping. In October 2014, the UN

Amnesty International Report 2014/15 121 DISCRIMINATION from Uganda who had sought protection Croatian Serbs following the criminalization of homosexuality Croatian Serbs continued to face in the country. discrimination in public sector employment and the restitution of tenancy rights to social INTERNATIONAL JUSTICE housing vacated during the 1991-1995 war. In November, an indictment was issued In July, the Constitutional Court ruled against a former member of the Croatian unconstitutional a referendum petition armed forces for crimes committed during seeking to restrict the use of minority Operation Storm in 1995. In March, Croat language rights to local self-government units Army Officer Božo Bačelić became the first where at least half of the population is from person to be convicted in national courts an ethnic minority. Although the referendum for war crimes committed during the same petition applied to the whole country, the Operation Storm. Two further trials relating referendum petitioners, a Croat veteran to war crimes committed during Operation group, specifically sought to ban the use of Storm were ongoing by the end of the bilingual public signs in the Cyrillic (Serb) year. In total, eight members of Croatian alphabet in Vukovar. The current law on military formations and 15 members of Serb minority rights sets the threshold at one third formations stood trial for war crimes during of the population. the course of the year. Roma The European Court of Human Rights Many Roma continued to live in segregated initiated communication with the government settlements without security of tenure and on 17 cases submitted by civilian victims of with limited access to basic services such war alleging violations of the right to life due as water, electricity, sanitation and transport to the failure of the state to carry out effective facilities. Four years after the 2010 judgment investigations into the killing or disappearance of the European Court of Human Rights in of their relatives. the case of Oršuš and Others v. Croatia, many Croatia continued to stall on the adoption Roma children were still attending segregated of a comprehensive legislative framework that classes. Discrimination in the labour market would regulate the status of, and access to contributed to significantly higher rates of reparation for, all civilian victims of war. In a unemployment among Roma compared with positive development in March, the Ministry other ethnic groups. Those living in rural of Veterans’ Affairs presented a draft Act on areas and young women were particularly the Rights of Victims of Sexual Violence in the disadvantaged. Homeland War, which would grant victims Rights of lesbian, gay, bisexual, transgender and access to psychosocial and medical support, intersex people free legal aid, and monetary compensation. A Law on Life Partnership was adopted in However, the draft law failed to specify the July that granted equal rights to same-sex level of financial compensation that would be partnerships in all matters except adoption. made available. The law introduced the institution of “partner- In August, Croatia signed a regional guardianship” to allow parents in same-sex declaration on missing persons, and partnerships to extend the full range of committed to pursuing measures to establish parental rights and obligations in relation to the fate and whereabouts of the 2,200 still their children to their partners. The first same- missing in Croatia. Croatia had yet to ratify the sex partnership was registered in September. International Convention for the Protection of Three safe and successful Pride marches All Persons from Enforced Disappearance. were held in Split, Zagreb and Osijek. In The rights of relatives of missing persons March, Croatia granted asylum to a gay man

122 Amnesty International Report 2014/15 continued to be undermined by the absence two countries, which decided to renew their of a law on missing persons. diplomatic relations.

FREEDOM OF EXPRESSION, ASSOCIATION, ASSEMBLY AND MOVEMENT CUBA Criticism of the government continued to be repressed and was routinely Republic of Cuba punished by various means, including Head of state and government: Raúl Castro Ruz arbitrary and short-term detentions, “acts of repudiation” (demonstrations led by government supporters with the participation Freedoms of expression, association and of state security officials), intimidation, assembly continued to be repressed. The harassment and politically motivated number of short-term arrests increased criminal prosecutions. The judicial system sharply and politically motivated criminal remained firmly under political control, prosecutions continued. gravely undermining the right to trial by an independent and impartial tribunal. BACKGROUND Government critics, independent Amendments to the Migration Law which journalists and human rights activists were became effective in January 2013 facilitated frequently detained for exercising their travel abroad for all Cubans. Although rights to freedom of expression, association, government critics were allowed to travel assembly and movement. Activists were abroad without hindrance, there were reports detained as a preventive measure to stop of documents and other materials being them from attending public demonstrations or confiscated on their return to Cuba. private meetings. By the end of the year Cuba had still failed There were increasing reports of to ratify the International Covenants on Civil government critics being threatened and and Political Rights and on Economic, Social also physically assaulted by state actors or and Cultural Rights, both of which it had individuals in their pay. signed in February 2008. The government In June 2014, Roberto de Jesús Guerra did not respond to requests to visit Cuba Pérez, director of the independent news from the UN Special Rapporteur on the agency Hablemos Press, received threatening rights to freedom of peaceful assembly telephone calls and was assaulted on and of association, sent in October 2013, the streets of the capital, Havana, by an or from the Special Rapporteur on torture unidentified individual, in what he believed and other cruel, inhuman or degrading was an attempt by the authorities to dissuade treatment or punishment, sent in March him from continuing his journalist activities.1 2014. The authorities have not granted The government continued to exert control Amnesty International access to the country over all media, while access to information since 1990. on the internet remained challenging due An exchange of prisoners between the to technical limitations and restrictions USA and Cuba in December, and the on content. Independent journalists were announcement of the further release of systematically subjected to harassment, over 50 political prisoners, raised hopes intimidation and detention for reporting for significant human rights change amid information that was not sanctioned by the efforts to normalize relations between the state apparatus.

Amnesty International Report 2014/15 123 In May, blogger Yoani Sánchez and her Members of the independent civil society husband launched an online news website organization Ladies in White faced constant called 14 y medio. Shortly after it went harassment and every Sunday dozens were live, the website was hacked and anyone detained for several hours to prevent them accessing it from Cuba was redirected to a from travelling to attend mass and carry out webpage which carried propaganda against peaceful marches. The organization reported Yoani Sánchez. that 1,810 of its members had been arrested during 2013. PRISONERS OF CONSCIENCE Dozens of government critics were At the end of the year, five prisoners of arbitrarily detained or pressurized not to travel conscience detained solely for peacefully to Havana during the second summit of the exercising their right to freedom of expression, Community of Latin American and Caribbean remained imprisoned. Three of them, States on 28 and 29 January. As a result brothers Alexeis, Vianco and Django Vargas of the arrests and the wave of intimidation, Martín, were sentenced in November on various meetings that were due to be held in charges of “public disorder of a continuous parallel to the summit had to be cancelled.3 nature” after having spent more than a year On 9 December, Ladies in White member and a half in pre-trial detention. Alexeis was Sonia Garro Alfonso, her husband Ramón sentenced to four years’ imprisonment, and Alejandro Muñoz González, and Vianco and Django to two and a half years.2 Eugenio Hernández Hernández, were Articles 72-90 of the Criminal Code which released and put under house arrest after criminalize “dangerousness” and punish having spent more than two and a half years those deemed to be likely to commit a crime in prison without trial. They were detained in in the future, were increasingly used as a March 2012 during the visit of Pope Benedict means to incarcerate government critics. XVI, accused of assault, public disorder and Prisoners of conscience Emilio Planas attempted murder.4 Robert and Iván Fernández Depestre were sentenced to three and a half and three years' US EMBARGO AGAINST CUBA imprisonment in October 2012 and August In September, the USA renewed the Trading 2013 respectively for “dangerousness”. with the Enemy Act, which imposes financial Emilio Planas Robert was accused of putting and economic sanctions on Cuba and up posters in Guantánamo City with “anti- prohibits US citizens from travelling to and government” slogans. engaging in economic activities with the Despite the relaxation of travel restrictions, island. In October 2014, the UN General 12 former prisoners of conscience arrested Assembly adopted, for the 23rd consecutive as part of the mass crackdown in 2003 and year, a resolution calling on the USA to lift released in 2011 were not allowed to travel the unilateral embargo. US President Obama abroad as they were deemed to be serving announced in December that he will engage their sentence outside prison. in discussions with the US Congress in order to lift the embargo on Cuba. ARBITRARY ARRESTS AND DETENTIONS Short-term arbitrary detentions as a tactic to silence dissent increased sharply. The Cuban 1. Cuba: Journalist threatened and attacked (AMR 25/001/2014) Commission on Human Rights and National www.amnesty.org/en/library/info/AMR25/001/2014/en Reconciliation reported 8,899 politically 2. Cuba: Sentencing of three brothers postponed (AMR 25/003/2014) motivated short-term detentions during 2014, www.amnesty.org/en/library/info/AMR25/003/2014/en an increase of more than 27% compared with 2013.

124 Amnesty International Report 2014/15 3. Cuba steps up repression on the eve of the CELAC summit (Press migrant women were held in police stations release) pending deportation. In at least two cases, www.amnesty.org/press-releases/2014/01/cuba-steps-repression- detained women were forcibly separated from eve-celac-summit/ their young children.1 4. Cuba: Further information – Government critics under house arrest In May, the UN Committee against Torture (AMR 25/005/2014) raised concerns about the routine and www.amnesty.org/en/library/info/AMR25/005/2014/en prolonged detention of irregular migrants and asylum-seekers; the detention conditions in Menoyia; and the reports that asylum- seekers were deported to their countries of origin despite facing a serious risk of torture CYPRUS or religious persecution. The Committee also criticized the fact that asylum-seekers were Republic of Cyprus not protected from refoulement during the Head of state and government: Nicos Anastasiades judicial review process and that there was no effective judicial remedy to challenge deportation decisions and halt deportations Immigration authorities continued to pending the outcome of appeals. routinely detain hundreds of migrants and certain categories of asylum-seekers TRAFFICKING IN HUMAN BEINGS in prison-like conditions for extended In April, a law was adopted with the aim of periods while awaiting deportation. Those bringing national legislation on combating detained included Syrian refugees. Some trafficking in line with EU and other women detainees were separated from their international standards. However, the law young children. did not provide for appeals against decisions by the Office of the Police for Combating BACKGROUND Trafficking in Human Beings not to recognize In February, the Greek Cypriot and Turkish an individual as a victim of trafficking. Cypriot leaders resumed negotiations Concerns were also raised that police regarding the reunification of the island after employed a definition of a victim of trafficking an 18-month break, but no progress had that fell short of international standards. been made by the end of the year. ENFORCED DISAPPEARANCES REFUGEES’ AND MIGRANTS’ RIGHTS Between January and August, the Committee Irregular migrants, rejected asylum-seekers of Missing Persons in Cyprus exhumed the and certain categories of asylum-seekers remains of 65 people, bringing the total were routinely detained for prolonged periods number of exhumations since 2006 to 948. at the country’s main immigration detention Between August 2006 and August 2014, facility in the village of Menoyia, while the remains of 564 missing individuals (430 awaiting deportation. Syrian refugees were Greek Cypriots and 134 Turkish Cypriots) had also detained despite Cyprus’ formal policy been identified and restored to their families. not to deport Syrian nationals. However, no perpetrators were identified People held at Menoyia were detained in or prosecuted for the disappearances and cramped, prison-like conditions. Detainees killings in either Cyprus or Turkey at the end complained about the limited time allowed to of the year. The graves date from the inter- exercise outside, the quality of the food and communal fighting which took place between the fact that their cells were locked between 1963 and 1964, and during the Turkish 10.30pm and 7.30am. A small number of invasion in 1974.

Amnesty International Report 2014/15 125 TORTURE AND OTHER ILL-TREATMENT citizens in the local elections held the same A report published in December by the month. According to NGOs monitoring the European Committee for the Prevention of elections, the practice of vote-buying was Torture highlighted a number of allegations used by a number of political parties in of ill-treatment by police officers that were several regions. received by the Committee's delegates during their visit to Cyprus in September and October DISCRIMINATION 2013. The allegations mainly concerned Roma ill-treatment of foreign nationals during their In June, the UN Committee on Economic, transportation or interviews at police stations. Social and Cultural Rights criticized the The European Committee for the Prevention authorities for the large number of Roma of Torture also received a number of pupils in so-called “practical schools” (former allegations concerning physical ill-treatment, special schools), designed for pupils with verbal abuse and inappropriate use of tear mild mental disabilities. The Committee gas by police guards against migrants held called on the government to abolish practices at the Menoyia immigration detention facility. that lead to the segregation of Roma pupils Similar allegations were received by the UN and to phase out practical schools. It Committee against Torture. recommended that mainstream schools should provide inclusive education to children from socially disadvantaged backgrounds and 1. Cyprus: Abusive detention of migrants and asylum-seekers flouts EU Roma pupils. law (Press release) In September, the European Commission www.amnesty.org/en/news/cyprus-abusive-detention-migrants-and- initiated infringement proceedings against the asylum-seekers-flouts-eu-law-2014-03-18 authorities for breaching the prohibition of discrimination in education set out in the EU Race Equality Directive. In August, over four years after the government’s apology for the enforced CZECH REPUBLIC sterilization of Roma women, the Human Rights Minister announced a draft law offering Czech Republic financial compensation of between 3,500 and Head of state: Miloš Zeman 5,000 euros to individual victims. According Head of government: Bohuslav Sobotka to the NGO Czech Helsinki Committee, almost 1,000 women were forcibly sterilized between 1972 and 1991 and should be entitled to Roma continued to face widespread financial remedy. discrimination. The European Commission In November, the government initiated infringement proceedings against acknowledged that Roma continued to the Czech Republic for the discrimination face discrimination regarding access to against Roma pupils in education. The ill- housing, education, health care and labour treatment of persons with mental disabilities market. The government-commissioned in state institutions was exposed. Muslims report on the situation of the Roma minority faced growing public hostility. highlighted obstacles in accessing affordable housing, including discrimination by private BACKGROUND landlords. The report also highlighted the In October, the police announced an investigation into allegations of the manipulation and buying of votes of Roma

126 Amnesty International Report 2014/15 over-representation of Roma children in June, the Mental Disability Advocacy Center practical schools. and the League of Human Rights called on Hate crimes the government to immediately prohibit the In October, the Constitutional Court rejected use of net beds and other inhumane restraint an appeal by two perpetrators against the techniques. In a report which assessed the length of their sentences for an arson attack situation in eight psychiatric hospitals, the against a Roma family in April 2009. The NGOs provided evidence of the continuous attack had left a two-year-old Roma girl with use of restraint techniques, such as net beds, burns to 80% of her body. bed straps as well as the unregulated use Muslims of excessive medication. In response to the The media reported occasional acts of NGO report, the Public Defender of Rights vandalism on the Prague , including visited six hospitals in August and also found daubing of islamophobic messages. The evidence of the use of restraint techniques. police were still investigating these incidents She criticized the lack of effective monitoring at the end of the year. of their use and called for legislative changes In September, over 25,000 people signed introducing greater safeguards. a petition calling on the authorities not to grant “enhanced rights” to the registered HUMAN RIGHTS DEFENDERS Association of Muslim Communities. The Law In October, during a “week against anti- on Churches allowed religious organizations, racism and xenophilia”, the websites of the which had been registered for 10 years, to NGOs Czech Helsinki Committee and Life apply for enhanced rights, including the right Together (Vzájemné soužití) were attacked to teach religion in state schools and the by far-right hackers. The personal email of recognition of religious wedding ceremonies. the co-ordinator of an Amnesty International The petition called on the government not group in the city of Brno was also attacked to permit the opening of Muslim schools by the hackers, who published the members’ and not to allow the teaching of Islam in internal communication on their websites. state schools or Muslim worship in prisons. The Czech Helsinki Committee announced By the end of the year, the Association of that it would submit a criminal complaint Muslim Communities had not applied for against the hackers. “enhanced rights”. In September, the Public Defender REFUGEES AND ASYLUM-SEEKERS of Rights (Ombudswoman) held that Despite initial plans to start a small a secondary school for nurses had resettlement programme for Syrian refugees, discriminated against two women, a refugee the government decided in October to restrict from Somalia and an asylum-seeker from its support to the provision of humanitarian Afghanistan, by prohibiting them from assistance to Syrian refugees with acute wearing headscarves. The Public Defender medical needs in Jordan. clarified that the law did not restrict the use of religious symbols in schools and that the seemingly neutral prohibition of any covering of the head was indirectly discriminatory. A complaint by the Somali student to the Czech School Inspectorate was rejected.

TORTURE AND OTHER ILL-TREATMENT Patients with mental disabilities continued to be ill-treated in mental health institutions. In

Amnesty International Report 2014/15 127 launched a series of attacks, killing and DEMOCRATIC kidnapping civilians.1 Other armed groups remained active in REPUBLIC OF North Kivu, Katanga, South Kivu and Ituri, committing serious human rights abuses THE CONGO against civilians. Some fighters from the Forces Democratic Republic of the Congo Démocratiques de Libération du Rwanda Head of state: (FDLR) participated in a demobilization Head of government: Augustin Matata Ponyo Mapon programme run by MONUSCO and a few were confined in government camps. However, others carried on armed activities The security situation in eastern Democratic in the east of the country. The MONUSCO Republic of the Congo (DRC) remained Demobilization, Disarmament, Repatriation, dire and an upsurge in violence by armed Resettlement and Reintegration programme groups claimed the lives of thousands of included former FDLR child soldiers. civilians and forced more than a million In July, President Kabila appointed people to leave their homes. Human rights Jeannine Mabunda as his special envoy abuses, including killings and mass rapes, on sexual violence and recruitment of were committed by both government child soldiers. security forces and armed groups. Violence In November, several hundred magistrates against women and girls was prevalent went on strike over pay. throughout the country. Plans to amend the Constitution to allow President Kabila ABUSES BY ARMED GROUPS to stay in office beyond 2016 prompted Armed groups committed atrocities against protests. Human rights defenders, civilians in eastern DRC, especially in journalists and members of the political northern Katanga, Ituri, North Kivu and South opposition were threatened, harassed and Kivu. Abuses included unlawful killings, arbitrarily arrested by armed groups and by summary executions, forced recruitment government security forces. of children, rape and sexual violence, large-scale looting, burning of homes BACKGROUND and destruction of property. Attacks were The Congolese army, with the support of the characterized by extreme violence, sometimes UN peacekeeping force MONUSCO (UN ethnically motivated. Some of the fighting was Organization Stabilization Mission in the for control over natural resources and trade. DRC), succeeded in defeating and disbanding The violence was facilitated by easy access to the armed group March 23 (M23) in 2013. weapons and ammunition. However, the conflict in eastern DRC did Armed groups that committed abuses not end and other armed groups expanded against civilians included: the FDLR; the ADF; their areas of operation and continued to Nyatura; the Lord’s Resistance Army (LRA); target civilians. the Nduma Defence of Congo (NDC) known In January, the government launched as Mai Mai Sheka; and various other Mai Mai a military operation against the armed groups including Mai Mai Lafontaine, Mai Mai group Allied Democratic Forces (ADF) in Simba and Mai Mai Bakata Katanga. Beni territory, North Kivu province. While In June, attacks by Nyatura in Rutshuru “Operation Sokola 1” (“Operation Clean-up” territory, North Kivu, left at least four civilians in Lingala) forced the ADF rebels from their dead and dozens of houses burned to forest base, they regrouped and in October the ground.

128 Amnesty International Report 2014/15 On the night of 6 June, in Mutarule, Uvira fighters, in Misau and Misoke villages, territory, South Kivu, at least 30 civilians were Walikale territory, North Kivu province. killed in an attack by an unidentified armed group. Most of the victims were from the CHILD SOLDIERS Bafulero ethnic group. The attack took place Armed groups recruited children. Many just a few kilometres from a MONUSCO base. were subjected to sexual violence and cruel Between early October and late December, and inhuman treatment while being used the ADF allegedly carried out a spate of as fighters, carriers, cooks, guides, spies attacks on civilians in several towns and and messengers. villages in Beni territory, North Kivu, and Ituri district, Province Orientale, killing at least 270 INTERNALLY DISPLACED PEOPLE civilians and abducting others. The assailants The demise of the M23 armed group in also looted civilians’ property. 2013 facilitated the progressive closure of Between 3 and 5 November, FDLR fighters camps for internally displaced people (IDPs) killed 13 people in Misau and Misoke villages, around the city of Goma. However, due to Walikale territory, North Kivu. the upsurge of armed group violence against civilians, new IDP camps had to be set up VIOLENCE AGAINST WOMEN AND GIRLS for people fleeing human rights abuses. By Rape and other forms of sexual violence 17 December, about 2.7 million people were against women and girls remained endemic, internally displaced within DRC. Most of the not only in areas of conflict, but also in displacement took place in connection with parts of the country not affected by armed the armed conflicts in North Katanga, North hostilities. Acts of sexual violence were Kivu, South Kivu and Ituri districts. committed by armed groups, by members of the security forces and by unarmed civilians. TORTURE AND OTHER ILL-TREATMENT The perpetrators of rape and other sexual Torture and other ill-treatment were endemic violence enjoyed virtually total impunity. throughout the country, and often took place Mass rapes, in which dozens of women during unlawful arrests and detention by state and girls were sexually assaulted with extreme security services. Some cases of death under brutality, were committed by armed groups torture were reported. Police, intelligence and by members of the security forces officers and members of the presidential during attacks on villages in remote areas, guard were all accused of responsibility for particularly in North Kivu and Katanga. Such torture and other ill-treatment. attacks often also involved other forms of torture, killings and looting. COMMUNAL VIOLENCE Between 4 and 17 July, Mai Mai Simba In Tanganyika district, Katanga, tensions combatants reportedly raped at least 23 between the Batwa and Luba intensified and women and girls in Mangurejipa village and led to a violent confrontation between the two mining sites located in surrounding areas in communities. This added to the insecurity Lubero territory, North Kivu. already caused by the activities of the armed In October, dozens of women and girls group Mai Mai Bakata Katanga. The violence were raped in Kansowe village, Mitwaba was marked by a deliberate targeting of territory, Katanga province by special civilians and serious human rights abuses. commando soldiers of the Congolese army Members of both communities committed deployed there to fight the Mai Mai Bakata killings, abductions and acts of sexual Katanga armed group. violence. They used children in the violence Between 3 and 5 November, at least and burned down and looted houses. 10 women were raped, allegedly by FDLR

Amnesty International Report 2014/15 129 In June and July, more than 26 Batwa UNFAIR TRIALS women and girls were captured and raped The judicial system was weak and suffered in Longa village, Kabalo territory, Katanga. from a lack of resources. The courts were Another 37 women from the same village often not independent of outside influence were kidnapped and kept for sexual purposes and corruption was widespread. Legal aid was by alleged Luba militias in Luala. At least 36 not available, so that many defendants did not more women were raped when they were have a lawyer, and the rights of defendants trying to flee to Nyunzu. were frequently violated.

IMPUNITY PRISON CONDITIONS Impunity continued to fuel further human The prison system continued to be under- rights violations and abuses. Efforts by funded. Prisoners and detainees were held judicial authorities to increase the capacity in decaying facilities, with overcrowding and of the courts to deal with cases, including unhygienic conditions. Dozens died as a cases involving human rights abuses, had result of malnutrition and lack of appropriate only limited success. Efforts to ensure medical care. accountability for crimes under international Insecurity for inmates was increased by law committed by the Congolese army the failure to separate women from men, pre- and armed groups also achieved few trial detainees from convicted prisoners and visible results. members of the military from civilians. The verdict in the trial for the mass rape of more than 130 women and girls, murder and HUMAN RIGHTS DEFENDERS looting committed in and around the eastern The demise of the M23 armed group town of Minova by Congolese soldiers fleeing contributed to some improvement in the the advance of M23 rebels in November and situation for human rights defenders in December 2012 was handed down on 5 Rutshuru and Nyiragongo territories. May 2014. Despite overwhelming evidence However, human rights defenders and trade of mass rape in Minova, including victim unionists across the country continued and witness testimonies, only two soldiers of to face threats, intimidation and arrest by the 39 on trial were convicted of rape. Other state security services and armed groups. accused were convicted of murder, looting Some were forced to flee after they received and military offences. repeated death threats through text The M23 leader, General Bosco Ntaganda, messages, anonymous phone calls, and visits had turned himself in at the US embassy in at night by armed men. Kigali in 2013 and asked to be transferred to the International Criminal Court (ICC), which ARBITRARY ARRESTS AND DETENTIONS had issued a warrant for his arrest in 2006. Arbitrary arrests and detentions continued to Other M23 leaders in exile in Uganda and be routine throughout the country. Security Rwanda continued to enjoy impunity for the services, in particular the national police, crimes they had reportedly committed in the intelligence services and the national Rutshuru and Nyiragongo territories. army, carried out arbitrary arrests. They In May, parliament rejected a legislative also frequently extorted money and items of proposal on the domestication of the Rome value from civilians during law enforcement Statute of the ICC, along with a proposal operations or at checkpoints. to create specialized criminal chambers to A number of political opposition supporters deal with crimes under international law who attended demonstrations calling for committed before the entry into force of the political dialogue and protesting against Rome Statute.

130 Amnesty International Report 2014/15 attempts to amend the Constitution were INTERNATIONAL JUSTICE arbitrarily arrested and ill-treated. On 7 March, the ICC convicted Germain Katanga, commander of the Force de FREEDOM OF EXPRESSION Résistance Patriotique en Ituri (FRPI), of Freedom of expression was significantly crimes against humanity and war crimes. The curtailed. In particular, opposition to the crimes were committed on 24 February 2003 prospective amendment of the Constitution during an attack on the village of Bogoro, in was severely repressed. Peaceful meetings Ituri district. On 23 May, he was sentenced to and demonstrations were routinely banned or 12 years’ imprisonment. violently disrupted by the security services. On 9 June, the International Criminal Court The main targets of repression were (ICC) Pre-Trial Chamber II confirmed charges political opponents, members of civil society of war crimes and crimes against humanity organizations and journalists. Some were against Bosco Ntaganda allegedly committed arrested and ill-treated, some imprisoned in 2002 and 2003 in Ituri district. after unfair trials on trumped-up charges. Sylvestre Mudacumura, alleged For example, one political opponent of the commander of the armed branch of the government – Jean Bertrand Ewanga of FDLR, remained at large despite the issuance the opposition party Union pour la Nation by the ICC of an arrest warrant for war crimes Congolaise (UNC) – was imprisoned on on 13 July 2012. charges of insulting the President. The Canal Futur television station, reportedly owned by opposition leader Vital Kamerhe, remained 1. DRC: Civilian death toll rises as rebels embark on campaign of closed by the authorities throughout the year. sporadic slaughter On 16 October, following the release by the www. amnesty.org/en/news/drc-civilian-death-toll-rises-rebels- UN Joint Human Rights Office (UNJHRO) embark-campaign-sporadic-slaughter-2014-10-31 of a report on extrajudicial executions and 2. DRC: Rescind expulsion of UN official and investigate extra-judicial enforced disappearances during a police killings and disappearances (AFR 62/002/2014) operation in Kinshasa, Scott Campbell, Head www.amnesty.org/download/Documents/4000/afr620022014en.pdf of the UNJHRO, was declared persona non grata by the Minister of the Interior and expelled from the DRC.2 Other UNJHRO officials also reported receiving threats after the report’s publication. DENMARK

REFUGEES AND ASYLUM-SEEKERS Kingdom of Denmark More than 170,000 DRC nationals were Head of state: Queen Margrethe II expelled from the Republic of Congo to the Head of government: Helle Thorning-Schmidt DRC between 4 April and early September. Among them were refugees and asylum- seekers. Some of the expelled were allegedly The government refused to investigate arrested and detained incommunicado allegations of unlawful surveillance in Kinshasa. practices following revelations by US Little assistance was provided by the DRC whistleblower Edward Snowden. Legislation government, and as of September, more was amended to criminalize sexual abuse by than 100 families were living on the streets of a spouse. Asylum determination practices Kinshasa without tents, health care, food or for lesbian, gay and bisexual asylum-seekers any assistance. improved. Vulnerable asylum-seekers were held in detention.

Amnesty International Report 2014/15 131 COUNTER-TERROR AND SECURITY REFUGEES AND ASYLUM-SEEKERS In June 2013, following revelations by The Refugee Appeals Board amended its whistleblower Edward Snowden about the US previous practice of refusing protection National Security Agency’s to asylum-seekers who were at risk of of data traffic in European countries in persecution at home due to their sexual co-operation with European intelligence orientation on the basis that they should agencies, Danish MPs and the public called “hide” their sexual identity. Since 2013, on the Danish government to disclose lesbian, gay and bisexual asylum-seekers at whether foreign intelligence agencies had risk of persecution on grounds of the overall carried out or were carrying out surveillance homophobic practices of their country of activities in Denmark and, if so, whether this origin have been granted refugee status. included surveillance of Danish citizens. The Since September 2013, asylum- government announced in response that seekers from areas in Syria affected by it did “not find reason to believe” that US the ongoing armed conflict have been intelligence agencies were carrying out “illegal granted refugee status without any further surveillance activities targeting Denmark or individual assessment. In October 2014, the Danish interests”. The government refused to government presented a bill to introduce a investigate whether any such agencies had temporary protection permit for all Syrian operated or were operating on Danish territory asylum-seekers. The bill proposed that family and to present an overview of the applicable reunification procedures not be initiated laws clarifying the distinction between lawful during the first 12 months of the asylum- and unlawful surveillance activities. seekers’ stay in Denmark. Vulnerable people – including victims POLICE AND SECURITY FORCES of torture, unaccompanied minors and In October, a joint working group of the persons with mental illness – continued to be National Police and the Police Trade Union detained for immigration control purposes. presented a report on the introduction of The government maintained that the present identification numbers on police uniforms. practice of screening by a nurse of all asylum- The proposals lacked clarity on the visibility seekers was sufficient to identify people who required of any such identification numbers. are unfit to be placed in detention. In October, the Eastern High Court found VIOLENCE AGAINST WOMEN AND GIRLS that the “tolerated stay” of Elias Karkavandi, In June 2013, Parliament amended the an Iranian citizen, had over time become criminal code to criminalize sexual abuse by “disproportionate”. Elias Karkavandi’s refugee a spouse where the victim was in a “helpless status had been revoked in 2007 following state” and to annul the possibility of reduced the completion of a custodial sentence for or rescinded criminal punishment if the drugs offences; he had spent seven years perpetrator and the victim marry each other under the so-called “tolerated stay” regime, or remain married after a rape. which barred him indefinitely from working, The government did not take steps to studying, marrying and living outside a establish a national plan to improve the designated reception centre. rights of and support to rape victims. Nor did it move to investigate the reason for the disproportionately high rate of attrition in investigating and prosecuting reported rapes.

132 Amnesty International Report 2014/15 human rights record under the Universal DOMINICAN Periodic Review. REPUBLIC POLICE AND SECURITY FORCES The police continued to kill large numbers Dominican Republic of people, often in circumstances suggesting Head of state and government: Danilo Medina that the killings may have been unlawful. Sánchez Between January and June, the number of killings increased by 13% compared with the same period in 2013.1 Allegations of The number of killings by police rose again. torture and other ill-treatment by the police Most people of Haitian descent remained continued to be reported. stateless following a September 2013 Although the Dominican Republic judgement by the Constitutional Court. adopted the UPR recommendations aimed Violence against women and girls remained at expediting a comprehensive reform of the widespread. Parliament failed to adopt police, the adoption of a law reforming the legislation that could have advanced the police was not finalized. The National Security protection of the rights of women and girls. Plan, which was formally launched in March 2013, was not made public and there were BACKGROUND no progress reports on its implementation. In September 2013, the Constitutional Court issued a widely criticized judgement (TC IMPUNITY 0168-13) which had the effect of retroactively Many police officers alleged to have and arbitrarily depriving Dominicans of committed abuses were not brought to justice foreign descent born between 1929 and despite compelling evidence. The authorities 2010 of their Dominican nationality; the vast failed to investigate the disappearance of majority of those affected were of Haitian three men – Gabriel Sandi Alistar, Juan descent. This sparked an outcry at national Almonte Herrera and Randy Vizcaíno and international levels, including by the González – who were last seen in police Haitian authorities. As a consequence, the custody in July 2009, September 2009 and Dominican Republic and Haiti held a number December 2013 respectively. of high-level bi-national meetings to discuss The Office of the Prosecutor General several issues of common interest, including reopened the investigation into the migration and nationality. disappearance of Narciso González following The first Human Rights Ombudsman was a 2012 ruling by the Inter-American Court of appointed in May 2013, 12 years after the Human Rights establishing the responsibility institution was established by law. However, of the state. However, no significant progress a number of human rights organizations had been made by the end of 2014. filed an appeal with the Constitutional Court challenging the constitutionality of the DISCRIMINATION – DOMINICO-HAITIANS appointment. A ruling was pending at the A law introduced into Parliament by the end of 2014. The Ombudsman dealt with President in response to the debate sparked a number of cases, but failed to carry out by Constitutional judgement TC 0168-13 was a public information campaign about her adopted in May 2014 (Law 169/14). However, Office’s role. the law failed to provide for Dominican In June, the UN Human Rights Council nationality to be automatically restored to examined the Dominican Republic’s those who had it under the domestic legal system in force between 1929 and 2010.2

Amnesty International Report 2014/15 133 In particular, the law established that those public officials, especially in the initial stages who had been registered at some point in of the process. the Dominican civil registry (group A) could The decree launching the National access Dominican nationality after undergoing Regularization Plan banned the deportation of a process of regularization by the Central migrants who had applied for regularization. Electoral Board. However, the law obliges However, despite this, Dominican human those who were never registered (group B) to rights organizations continued to report undergo a lengthy process that requires them arbitrary mass repatriations throughout to register as foreigners, participate in the the year. National Regularization Plan for Foreigners with Irregular Migration Status and then VIOLENCE AGAINST WOMEN AND GIRLS apply for naturalization two years later. Poor In the first six months of 2014, the number implementation of the law meant that only a of gender-based killings increased by 53% minority of those belonging to group A were compared with the same period in 2013. The able to have their Dominican nationality Office of the Prosecutor General reported recognized and only a few of those in group B a substantive increase in the number were able to be registered. As a consequence, of convictions in cases of gender-based thousands of Dominicans of Haitian descent violence and in July adopted a protocol for remained stateless and continued to be the investigation of gender-based killings. prevented from exercising their human Women’s rights groups continued to criticize rights. In October, the Inter-American Court the lack of coordination among relevant of Human Rights found that judgement TC national institutions, the inadequacy of the 0168-13 and part of Law 169-14 violated the budget allocated to preventing and punishing American Convention on Human Rights.3 gender-based violence, and the failure to In November, the Constitutional Court implement the agreed protocols for the issued a judgement declaring the state’s provision of care to victims of gender-based acceptance of the jurisdiction of the Inter- violence. Parliament had yet to adopt a American Court of Human Rights invalid.4 comprehensive law to prevent and address The Dominican authorities rejected all the violence against women which had been recommendations to guarantee the right to a approved by the Senate in 2012. nationality and to adopt measures to identify, prevent and reduce statelessness. SEXUAL AND REPRODUCTIVE RIGHTS In September, the Lower Chamber started MIGRANTS’ RIGHTS considering a draft law on sexual and In December 2013, the government reproductive health, which had been launched the National Regularization Plan drafted with the participation of women’s for Foreigners with Irregular Migration Status. rights groups. Following a first preparatory phase, the Following a veto by the President of second phase of the plan started on 1 June the Republic on the proposed reform of 2014, giving migrants 12 months to apply for the Criminal Code, which maintained full regularization. By 30 September only 200 out criminalization of abortion, on 16 December of the 68,814 people who applied had been the Congress adopted amendments regularized. According to migrants’ rights decriminalizing abortions where pregnancy organizations, the small number was due to posed a risk to the life of a pregnant woman migrants facing difficulties in gathering the or girl, in cases where the foetus would be required, and costly, documentation and to unable to survive outside the womb, and in the inadequate processing of applications by cases where the pregnancy was the result of rape or incest. The reform of the Criminal

134 Amnesty International Report 2014/15 Code was enacted on 19 December and is supposed to enter into force within a year.5 ECUADOR

HOUSING RIGHTS – FORCED EVICTIONS Republic of Ecuador Local NGOs continued to report cases of Head of state and government: Rafael Vicente forced evictions and excessive use of force by Correa Delgado police in some instances. The latest version of the proposed amendments to the Penal Code criminalized Human rights defenders and government the occupation of private property, sparking critics continued to be attacked and concerns that, if adopted, these provisions discredited. The right of Indigenous Peoples could be used to legitimize forced evictions. to consultation and to free, prior and informed consent was not fulfilled.

1. Dominican Republic: Killings at the hands of the police rise while BACKGROUND reforms stall (Press release) Mass protests in opposition to government www.amnesty.org/en/articles/news/2014/08/dominican-republic- policies remained common. In July, killings-hands-police-rise-while-reforms-stall/ Indigenous groups marched to the capital 2. Dominican Republic: Open letter to President Danilo Medina regarding Quito to protest against the approval of a new Law 169/14 “establishing a special regime for people who were born law regulating water resources, which they in the national territory and irregularly registered in the Dominican claimed did not address all of their concerns. Civil Registry and on naturalization” (AMR 27/008/2014) In November 2013, the National Court www.amnesty.org/en/library/info/amr27/008/2014/en upheld a ruling against US oil company 3. Dominican Republic: Reaction to Court ruling shows shocking Chevron for environmental damage. The disregard for international law (Press release) court ruled that Chevron was liable to pay www.amnesty.org/en/articles/news/2014/10/dominican-republic- over US$9.5 billion to the Amazon Indigenous reaction-court-ruling-shows-shocking-disregard-international-law/ communities affected. In March, following a 4. Dominican Republic: Withdrawal from top regional human rights court lawsuit filed by Chevron in the USA, a federal would put rights of hundreds of thousands at risk (Press release) court blocked US courts from being used www.amnesty.org/en/articles/news/2014/11/dominican-republic- to collect the amount granted for rainforest withdrawal-top-regional-human-rights-court-would-put-rights-risk/ damage, stating that the Ecuadorean court 5. Dominican Republic: Proposed reform puts women and girls at risk judgment was obtained by corrupt means. In (AMR 27/016/2014) October, victims of Chevron’s environmental www.amnesty.org/en/library/info/AMR27/016/2014/en damage sued the company’s directors before Dominican Republic: Further information: President vetoes full ban on the International Criminal Court. abortion (AMR 27/018/2014) Sixty people, including six police officers www.amnesty.org/en/library/info/AMR27/018/2014/en accused of attempting to kill the President, Dominican Republic decriminalizes abortion (AMR 27/020/2014) were convicted of involvement in police www.amnesty.org/en/library/info/AMR27/020/2014/en protests over pay cuts in 2010, which were regarded by the government as an attempted coup. Another 36 were acquitted.

HUMAN RIGHTS DEFENDERS Human rights defenders continued to be attacked and discredited. The Indigenous and environmental rights organization Fundación Pachamama remained closed, having been shut down

Amnesty International Report 2014/15 135 by the authorities in December 2013 using ill-treatment during arrest and while in police an executive decree granting the authorities custody. Medical reports stated that scores of wide powers to monitor and dissolve NGOs. those detained had bruising and other injuries Days before the closure, members of caused by blunt instruments. At the end of Fundación Pachamama had participated in a the year no investigation into these allegations demonstration outside the Ministry of Energy. had begun and the President publicly rejected the allegations. INDIGENOUS PEOPLES’ RIGHTS In October the government apologized to the FREEDOM OF EXPRESSION Kichwa People of Sarayaku, accepting that In January, El Universo newspaper and the state had put their lives and livelihoods at caricaturist Javier Bonilla (known as Bonil) risk when in 2002 and 2003 it allowed an oil were fined and forced to retract the content of company to conduct exploration work in their a caricature, under a 2013 Communications territory. The Kichwa People of Sarayaku had Law. The caricature portrayed police officers won a legal battle before the Inter-American abruptly raiding the house of journalist Court of Human Rights in 2012. However, at Fernando Villavicencio, an outspoken critic the end of 2014 Ecuador had not yet finalized of the government. Fernando Villavicencio the removal of 1.4 tons of explosives left in was one of three men convicted in 2013 the Indigenous community’s territory and for slander against the President and given had not regulated the right to consultation prison sentences of between 18 months and and free, prior and informed consent for all six years, later reduced to between six and 12 Indigenous Peoples as ordered by the Inter- months. At the end of 2014 Villavicencio and American Court in 2012. one of the other men remained at large. Government plans to exploit oil resources in Yasuni National Park, home to the Tagaeri IMPUNITY and Taromenane Indigenous communities, In December 2013, the National Assembly continued to provoke public protests. In passed a law guaranteeing the right to May, the Confederacion Kichwa del Ecuador reparation to relatives and victims of human (Ecuarunari), one of the country’s main rights violations between 1983 and 2008 Indigenous organizations, presented a legal documented by the Truth Commission action before the Constitutional Court arguing established in 2007. that the government was not complying In January 2014, former Police Chief with precautionary measures granted by Edgar Vaca was arrested in the USA pending the Inter-American Commission on Human his extradition. Edgar Vaca was one of 10 Rights in 2006 in favour of the Tagaeri and former police and military officers accused Taromenane Indigenous communities. At the of torture and enforced disappearances end of 2014 the Constitutional Court had not during Febres Cordero’s presidency (1984 ruled on the legal action. to 1988). This was the first case of members of the security forces being tried for crimes REPRESSION OF DISSENT against humanity. The authorities continued to clamp down on anti-government protests, in what appeared to SEXUAL AND REPRODUCTIVE RIGHTS be attempts to deter opposition. The New Penal Code enacted in January In September over 100 protesters were maintained the criminalization of abortion in detained for up to 15 days for taking part case of rape unless the victim has a mental in anti-government demonstrations, amid disability. Attempts to decriminalize abortion reports of clashes between protesters and the for all rape victims met with strong opposition police. Dozens of detainees complained of from the President, who threatened to resign

136 Amnesty International Report 2014/15 if such a proposal was even discussed in expression, judicial independence and the the National Assembly. The proposal was rule of law in a speech to the UN General withdrawn and three Congress members of Assembly. In practice, his government the ruling party were sanctioned. clamped down on free expression, widened the jurisdiction of military courts to try civilians, and allowed security forces to use torture and excessive force with impunity. Over 1,400 people were killed in protests EGYPT between July 2013, when was ousted as President, and the end of Arab Republic of Egypt 2014. The vast majority were killed by security Head of state: Abdel Fattah al-Sisi (replaced Adly forces dispersing sit-ins by Morsi supporters Mansour in June) at Rabaa al-Adawiya and al-Nahda Squares Head of government: Ibrahim Mahlab (replaced in Greater Cairo on 14 August 2013. The Hazem Beblawi in March) crackdown also saw the arrest and detention or imprisonment of at least 16,000 people, according to official estimates published by The year saw a continued dramatic the Associated Press news agency, with the deterioration in human rights following the activist group Wikithawra later estimating ousting of President Mohamed Morsi in July that over 40,000 people had been detained, 2013. The government severely restricted charged or indicted. Most of those detained freedoms of expression, association and were Muslim Brotherhood supporters but they assembly. Thousands were arrested and also included left-wing and secular activists detained as part of a sweeping crackdown and other government critics. on dissent, with some detainees subjected An upsurge in lethal attacks on the to enforced disappearance. The Muslim security forces by armed groups led to the Brotherhood remained banned and its deaths of at least 445 soldiers and security leaders were detained and jailed. Torture officers, according to official statements. Most and other ill-treatment of detainees attacks took place in Sinai, where at least remained routine and was committed with 238 security forces officers were killed. After impunity. Hundreds were sentenced to renewed attacks in October, the government prison terms or to death after grossly unfair declared a state of emergency in North trials. Security forces used excessive force Sinai, imposed a curfew, closed Egypt’s against protesters and committed unlawful border with Gaza, and began constructing a killings with impunity. Women faced “buffer” zone along it. Military reinforcements discrimination and violence. Some refugees launched a “combing” operation to identify were forcibly returned. Forced evictions what they called “militants” within the area’s continued. Dozens of people faced arrest population, posing a risk of further human and prosecution for their sexual orientation rights violations.1 or identity. Courts imposed hundreds of death sentences; the first executions since INTERNATIONAL SCRUTINY 2011 were carried out in June. Members of the UN Human Rights Council examined Egypt’s human rights record under BACKGROUND the UN Universal Periodic Review (UPR) Presidential elections in May saw former mechanism in November, recommending army chief Abdel Fattah al-Sisi elected as that the authorities combat torture, investigate President. He took office in June, and in excessive use of force by security forces, September pledged to uphold freedom of and lift restrictions on civil society. With

Amnesty International Report 2014/15 137 the exception of the UPR, Egypt largely largest number of seats in Egypt’s 2012 evaded international scrutiny in spite of parliamentary elections. the deteriorating human rights situation in Human rights organizations faced threats the country. of closure and criminal prosecution, forcing many activists to scale down their work FREEDOM OF EXPRESSION or leave the country. In July, the Ministry The authorities targeted those who criticized of Social Solidarity gave NGOs a 45-day the government or expressed dissent. Media deadline, later extended to November, workers who documented rights violations or to register under the repressive Law on questioned the authorities’ political narrative Associations (Law 84 of 2002), warning that faced arrest and prosecution. Journalists who it would hold groups that failed to register reported on army activities faced unfair trials “accountable”. The Ministry later announced before military courts.2 that it would deal with NGOs on a case-by- In June, a court in Cairo sentenced three case basis, following criticism from other staff members of the English states during Egypt’s UPR. television station to between seven and 10 The authorities disrupted peaceful NGO years’ imprisonment after a grossly unfair activities, raiding the Alexandria offices of trial. The court convicted Mohamed Fahmy, the Egyptian Center for Economic and Social a Canadian-Egyptian dual national; Peter Rights in May when it held a conference to Greste, an Australian; and Baher Mohamed, support detained human rights activists. an Egyptian, on charges that included aiding In September, the government amended the Muslim Brotherhood and reporting “false” the Penal Code to prohibit the funding of news. The prosecution failed to produce acts harmful to Egypt’s national interest, any substantive evidence against them, or territorial integrity or public peace. The against other media workers who were tried in government also proposed a new Law on their absence. Associations that, if enacted, would give the Some individuals faced prosecution and authorities additional powers to deny NGOs imprisonment on charges such as “inciting legal registration and curtail their activities sectarian strife” and/or “defamation of and funding. religion”. The authorities also increased In November, Egypt’s Cabinet approved monitoring of social media. draft legislation which, if passed, would give the authorities sweeping powers to classify FREEDOM OF ASSOCIATION organizations as terrorist entities. The authorities shut down groups linked to the banned Muslim Brotherhood group and FREEDOM OF ASSEMBLY other centres of opposition, and imposed Security forces ruthlessly suppressed onerous new restrictions on human rights protests, and courts jailed scores of people for organizations. protesting without authorization, among them In April, the 6 April Youth Movement, supporters of Mohamed Morsi, prominent one of the activist groups that led the 2011 opposition activists, and left-wing and human uprising, was banned by a court which ruled rights activists.3 The authorities continued that some of its members had committed to enforce Law 107 of 2013 on protests, offences that would “disturb peace and which required demonstrations to have prior public order”. authorization; security forces used excessive In August, a court dissolved the Freedom force against peaceful protesters. and Justice Party, which was founded Women university students Abrar Al-Anany by the Muslim Brotherhood and won the and Menatalla Moustafa, and a woman teacher, Yousra Elkhateeb, were jailed in May

138 Amnesty International Report 2014/15 for between two and six years for protesting members and alleged supporters of the peacefully at Mansoura University. Muslim Brotherhood, some of whom they In November, a court in Alexandria held and reportedly tortured in unofficial sentenced 78 children to prison terms of detention facilities, including NSA offices between two and five years after convicting across the country. them of participating in an unauthorized Commonly reported methods of torture protest in support of Mohamed Morsi. included electric shocks to the genitals and other sensitive areas, beating, suspension ARBITRARY ARRESTS AND DETENTIONS by the limbs while handcuffed from behind, Thousands of actual and suspected stress positions, beatings and rape. government opponents were arrested during Al Azhar university student Omar Gamal El protests, at their homes or on the street. Shewiekh said that security officials arrested Many were not informed of the reason for and tortured him after he participated in a their arrest and were arbitrarily detained and protest in Cairo in March. He said that NSA held in pre-trial detention for periods that in officials subjected him to electric shocks and some cases exceeded one year, or else were repeatedly inserted objects into his anus until brought before the courts and sentenced to he “confessed” to crimes on video. In May a lengthy prison terms after unfair trials. Many court sentenced him to five years in prison on were also beaten or ill-treated during arrest the basis of the forced “confession”. or in detention. In some instances, security Deaths in detention were reported, with forces seized family members or friends if the some apparently attributable to torture or wanted person was not present. other ill-treatment or inadequate conditions in police stations.4 ENFORCED DISAPPEARANCES Ezzat Abdel Fattah died in Cairo’s Some detainees were subjected to enforced Mattareya Police Station in May. A post- disappearance and held in secret detention mortem report issued by the forensic authority at Al Azouly Prison within the Al Galaa found that he had injuries that included nine military camp in Ismailia, 130km northeast broken ribs, cuts and concussion. of Cairo. Detainees were held at Al Galaa The authorities failed to conduct genuine without official acknowledgement and were investigations into allegations of torture. When denied access to lawyers and their families. prosecutors did investigate, they generally Detainees, who included alleged protest closed cases citing lack of evidence. In leaders and people accused of terrorism- some cases, victims and their families said related offences, were held at the camp that police threatened them to make them for up to 90 days without judicial oversight withdraw torture allegations. and faced torture and other ill-treatment by military intelligence and National IMPUNITY Security Agency (NSA) officers to extract The criminal justice system failed to hold any “confessions”. Public prosecutors told members of the security forces accountable families of the disappeared that they had no for gross human rights violations committed jurisdiction over military prisons. during the 2013 unrest, including the mass killings of pro-Morsi protesters at Rabaa TORTURE AND OTHER ILL-TREATMENT al-Adawiya and al-Nahda Squares on 14 Torture and other ill-treatment of criminal August 2013. On 7 June, an appeals court suspects was routinely used to extract quashed the verdicts against four police confessions and punish and humiliate officers convicted of killing 37 detainees in suspects. It reportedly led to several deaths of August 2013. detainees. NSA officials particularly targeted

Amnesty International Report 2014/15 139 A court retrying former President Hosni during court sessions because they were Mubarak on charges of killing protesters confined behind a dark glass screen. during the 2011 uprising dismissed the The Public Prosecution increasingly did case against him in November on a legal not seek to determine individual criminal technicality. His Interior Minister and several responsibility, instead bringing identical security officials were also acquitted of the charges against groups of accused, and relied same charges. heavily on reports and testimonies by police A government-appointed fact-finding and security forces. The impartiality and committee, established after security forces independence of the investigations were thus killed hundreds of protesters on 14 August brought into question. 2013, announced its findings in November. In October, President al-Sisi decreed that Ignoring disparities between security forces military courts could try civilians for offences casualties and protesters, it concluded against “vital public facilities”. It was feared that protesters had started the violence. that the decision would see a return to The committee downplayed human rights mass unfair trials of civilians before military violations by security forces, merely calling courts, including peaceful protesters and for them to receive training in policing university students. demonstrations. WOMEN’S RIGHTS UNFAIR TRIALS Women continued to face discrimination in Courts throughout Egypt sentenced hundreds law and in practice, including high levels of of Muslim Brotherhood and other opposition gender-based violence. activists to long prison terms or to death after In June, outgoing President Adly Mansour grossly unfair trials, often on trumped-up approved a law to combat sexual harassment. charges. Courts also sentenced children to Renewed sexual assaults by mobs of men death in contravention of international and against women in Cairo’s Tahrir Square during Egyptian law. President al-Sisi’s inauguration spurred the Former President Mohamed Morsi faced new administration to promise action. The four trials, including for capital offences. authorities announced measures to combat Other senior members of the Muslim violence against women, including improved Brotherhood were imprisoned and sentenced policing and public awareness-raising to death. campaigns; however, such measures had not Trials before the criminal courts were materialized by the end of the year. riddled with due process violations. Some trials proceeded in the absence of the RIGHTS OF LESBIAN, GAY, BISEXUAL, defendants and their lawyers . In others, TRANSGENDER AND INTERSEX PEOPLE judges prevented defendants or their lawyers Men suspected of having consensual sex with from presenting evidence in their own other men, as well as transgender people, defence or cross-examining prosecution faced arrest and prosecution on prostitution witnesses. In many cases, courts convicted and public morality charges under the Law on defendants despite an absence of substantive Debauchery (Law 10 of 1961). The authorities evidence against them. subjected some to forcible anal examinations, Many trials were conducted within the Tora which violate the prohibition on torture and Police Institute, adjacent to the Tora Prison other ill-treatment. Complex, with families and independent Security forces arrested over 30 men in media unable to attend. Defendants were also a raid on a Cairo bathhouse in November, unable to communicate with their lawyers and the trial of 26 of the men on charges of “debauchery” began in December.

140 Amnesty International Report 2014/15 In a separate case, eight men received first executions since 2011 were carried out three-year prison terms in November for in June. attending an alleged same-sex wedding on a A court in El-Minya, Upper Egypt, Nile riverboat. An appeals court reduced their sentenced 37 defendants to death in prison sentences to one year in December. April, including at least two children, and a further 183 defendants to death in June DISCRIMINATION – after grossly unfair trials arising from attacks RELIGIOUS MINORITIES on police stations in 2013.6 The court had The authorities failed to tackle discrimination recommended the death penalty for over against religious minorities, including Coptic 1,200 defendants but reversed its decisions Christians, Shi’a Muslims and Baha’is. Coptic after consulting the Grand Mufti, a legal Christian communities, in particular, reported process that must take place under Egyptian new sectarian attacks and faced restrictions law before a court formally hands down on building and maintaining their places its sentence. of worship.

HOUSING RIGHTS – FORCED EVICTIONS 1. Egypt: End wave of home demolitions, forced evictions in Sinai amid Security forces forcibly evicted thousands media blackout (News story) of people from their homes in Cairo and www.amnesty.org/en/news/egypt-end-wave-home-demolitions- Rafah, without informing them in advance forced-evictions-sinai-amid-media-blackout-2014-11-27 or providing them with alternative housing or 2. Egypt: End military trial of journalists (News story) adequate compensation.5 www.amnesty.org/en/news/egypt-end-military-trial- journalists-2014-02-25 REFUGEES’ AND MIGRANTS’ RIGHTS 3. ‘The walls of the cell were smeared with blood’ – third anniversary of The authorities failed to respect the rights of Egypt’s uprising marred by police brutality (News story) refugees, asylum-seekers and migrants. In www.amnestyusa.org/news/news-item/%E2%80%98the-walls-of- August, they forcibly returned 13 Palestinian the-cell-were-smeared-with-blood-third-anniversary-of-egypt-s- refugees to Syria and 180 Syrians to Syria, uprising-marred-by-polic Lebanon and Turkey. At least six were 4. Egypt: Rampant torture, arbitrary arrests and detentions signal returned to Gaza in December. Other refugees catastrophic decline in human rights one year after ousting of Morsi from Syria faced arbitrary arrest and were (NWS 11/125/2014) unlawfully detained. www.amnesty.org/en/news/egypt-anniversary-morsi- Security forces arrested refugees, asylum- ousting-2014-07-02 seekers and migrants who sought to enter 5. Egypt: Further information: Evicted families attacked by security or leave Egypt irregularly, sometimes using forces (MDE 12/011/2014) excessive force. Criminal groups operating in www.amnesty.org/en/library/info/MDE12/011/2014/en Sinai also reportedly held refugees, asylum- 6. Egypt sentences a further 183 people to death in new of seekers and migrants captive. political opposition (NWS 11/117/2014) www.amnesty.org/en/articles/news/2014/06/egypt-sentences-further- DEATH PENALTY people-death-new-purge-political-opposition/ The death penalty was used on an unprecedented scale. The courts imposed death sentences, many in the defendant’s absence, after grossly unfair trials. Most of those sentenced were convicted of taking part in violence during political unrest in 2013. They included many members and supporters of the Muslim Brotherhood. The

Amnesty International Report 2014/15 141 of the woman was at risk or when the EL SALVADOR pregnancy was the result of incest or rape. Two states also recommended that women Republic of El Salvador incarcerated for undergoing abortion or Head of state and government: Salvador Sánchez having a miscarriage be released. El Salvador Cerén (replaced Carlos Mauricio Funes Cartagena responded that it would examine these in June) recommendations and provide a response at the next session of the Human Rights Council in 2015. The total abortion ban remained in place and the implementation of legislation to WOMEN’S RIGHTS combat violence against women was still Between January and September, the weak. Impunity for human rights violations police reported 216 killings of women, committed during the 1980-1992 armed compared with 215 for the whole of 2013.1 conflict persisted, despite some steps to This indicated that violence against women combat it. was once more on the increase following a period of sustained decrease since BACKGROUND 2011. Despite some welcome progress in President Sánchez Cerén of the Farabundo the implementation of the 2012 Special Martí National Liberation Front took office. Comprehensive Law for a Life Free from Violent crime rose sharply. Official sources Violence for Women, few cases of killings recorded 1,857 homicides in the first six were prosecuted as the gender-based crime months of 2014; the figure for the same of femicide. period in 2013 was 1,048. The rise was A unified database recording violence thought to be due to the reported collapse of against women, provided for in the 2012 a truce between rival criminal gangs. Special Law, was still not operational and only In June, the Legislative Assembly ratified one state shelter for women fleeing violent amendments to the Constitution formally partners was in place at the end of 2014. recognizing Indigenous Peoples’ rights and In its 2014 report to the UN on the the state’s obligations to uphold them. progress of the Millennium Development The ratifications of key international Goals, the government acknowledged that the agreements, including ILO Convention No. total abortion ban was hampering efforts to 169 on Indigenous and Tribal Peoples, the reduce maternal mortality. Despite this, the Rome Statute of the International Criminal total ban on abortion remained in place at the Court, the Optional Protocol to the Convention end of 2014. The state also acknowledged against Torture, the International Convention that “socio-cultural” and economic factors, against enforced disappearance and the lack of access to contraceptives and the Inter-American Convention on Forced prevalence of violence against women and Disappearance of Persons, were still pending girls were all impeding the achievement of at the end of the year. the Goals. During consideration of El Salvador’s In December 2013, human rights human rights record under the UN organizations presented a petition to the Universal Periodic Review in October 2014, Inter-American Commission on Human Rights states called on El Salvador to ratify these against the state for the grave human rights international agreements. Several states also violations suffered by a 22-year-old woman recommended that El Salvador decriminalize known as “Beatriz”. Beatriz, who suffers abortion and make safe abortion available, from lupus, had been refused an abortion particularly in cases where the life or health despite the imminent risk to her life and

142 Amnesty International Report 2014/15 the knowledge that the fetus, which lacked on fire and computers containing sensitive part of its brain and skull, could not survive information on cases were stolen. The stolen outside the womb. Two months after she first computers contained information on three requested the medical treatment she needed, cases of enforced disappearance that were and after 23 weeks of pregnancy, Beatriz was before the Supreme Court. Days before given a caesarean. The fetus survived just a the attack, military officials accused of few hours. involvement in the disappearances failed to In April, after exhausting other legal attend a hearing in one of the cases.2 avenues, the Citizens Group for the At end of 2013, the Attorney General’s Decriminalization of Therapeutic, Ethical Office reopened the investigation into the and Eugenic Abortion presented a petition 1981 El Mozote massacre in which more for a state pardon on behalf of 17 women, than 700 civilians, including children and who were incarcerated on pregnancy-related elderly people, were tortured and killed by grounds. They were serving sentences of the military in the village of El Mozote and up to 40 years in prison for aggravated nearby hamlets over a three-day period. homicide, having been initially charged with The investigation was continuing at the end having had an abortion. Their cases raised of 2014. serious concerns regarding the right to non- In October 2013, the authorities issued a discrimination, as well as the rights to due decree establishing a reparations programme process and fair trial, including the right to for survivors who suffered human rights effective legal defence. The cases remained violations during the conflict. pending at the end of 2014; Congress was In February 2014, the Supreme Court awaiting recommendations from the Supreme ordered that an investigation be reopened into Court of Justice before issuing its decision. the San Francisco Angulo massacre in which 45 people, mostly women and children, were IMPUNITY killed, allegedly by members of the army, in The 1993 Amnesty Law, which for over two 1981. The investigation was continuing at the decades has ensured impunity for those end of the year. responsible for human rights violations during In August, 32 years after the events, the 1980-1992 conflict, remained in place. the state finally acknowledged the 1982 El Tutela Legal, the Catholic Archbishopric’s Calabozo massacre, in which more than 200 human rights office, was shut down without people were killed by the army. However, no warning in September 2013. There were one had been brought to justice for the crime serious concerns that its extensive archive by the end of 2014. of evidence relating to unresolved human In October, in its ruling in the case of rights cases dating back to the internal armed Rochac Hernandez et al. v. El Salvador, the conflict might not be preserved. Survivors and Inter-American Court of Human Rights found relatives of the victims submitted a habeas the state responsible for failing to investigate corpus challenge to get access to the files; the the enforced disappearance of five children case was pending before the Supreme Court between 1980 and 1982 in the context of at the end of 2014. military counter-insurgency operations during The office of the human rights organization the conflict . Pro-Búsqueda, which works to find children who were the victims of enforced disappearance during the conflict years, was 1. On the brink of death: Violence against women and the abortion ban raided by three armed men in November in El Salvador (AMR 29/003/2014) 2013. During the raid, three staff members www.amnesty.org/en/library/info/AMR29/003/2014/en were held captive while information was set

Amnesty International Report 2014/15 143 2. El Salvador: Human rights organization’s office attacked (AMR one of the demands made by opposition 29/011/2013) political parties for their participation in a www.amnesty.org/en/library/info/AMR29/011/2013/en national dialogue in November. However, no prisoners were released and President Obiang stated that all convicted prisoners had been convicted of common crimes. In November, three independent opposition EQUATORIAL parties withdrew from the national dialogue on the basis that their demands, including the GUINEA release of prisoners, had not been met.

Republic of Equatorial Guinea DEATH PENALTY Head of state and government: Teodoro Obiang Nine men convicted of murder were Nguema Mbasogo executed in late January, 13 days before the establishment of a temporary moratorium on the death penalty. This was the highest Nine prisoners were executed in January number of people known to have been shortly before a temporary moratorium on executed in any one year over the past two the death penalty was declared. Detainees decades, and the first known executions and prisoners were routinely tortured. since 2010.1 Several political opponents were arbitrarily arrested and held incommunicado for long TORTURE AND OTHER ILL-TREATMENT periods without charge, including one man Torture by the security forces continued abducted from a neighbouring country with impunity. Detainees and prisoners by Equatorial Guinea security forces in were also subjected to other forms of cruel, December 2013. Military courts were used inhuman or degrading treatment. Many to try civilians. were held incommunicado for long periods without charge or trial and denied adequate BACKGROUND medical treatment. In February President Obiang signed a Cipriano Nguema Mba, a refugee in decree establishing a temporary moratorium Belgium since 2012, was abducted by on the death penalty, apparently to secure Equatorial Guinea security personnel in full membership of the Community of December 2013 while visiting relatives in Portuguese-speaking Countries. Equatorial Nigeria. He was taken clandestinely to the Guinea was granted full membership in National Security Headquarters in Malabo, July at the organization’s summit in Dili, where he was tortured. His ankles and elbows . were tied together behind his back and he In May, the UN Human Rights Council, was then suspended from a metal bar and his under its Universal Periodic Review process, whole body was beaten with batons. He was examined the human rights situation in held incommunicado throughout the year. Equatorial Guinea and made a number of Roberto Berardi, an Italian businessman recommendations. The government accepted in partnership with President Obiang’s eldest most recommendations in principle, but son Teodoro “Teodorín” Nguema Obiang in rejected those urging ratification of the Rome a civil construction company, was beaten Statute of the International Criminal Court. and tortured on several occasions since his In October, President Obiang decreed arrest in January 2013, first in Bata police a general amnesty for all those convicted station and subsequently in Bata prison. or indicted for political crimes. This was On one occasion, in January 2014, he was

144 Amnesty International Report 2014/15 held down by prison guards and flogged. for 16 months without charge. He had been Throughout the year he was held in solitary arbitrarily arrested and detained in Bata in confinement for long periods and was denied October 2012 after exchanging money with medical treatment for typhoid fever and a foreign national and accused of attempting emphysema. He was taken to hospital after to destabilize the country. His arrest and he became very ill in June, but was returned detention were politically motivated and to prison the following day against medical unjustified.2 advice. According to his lawyer, the purpose of Roberto Berardi’s arrest was to prevent him testifying before the US Justice Department 1. Equatorial Guinea: Executions just weeks before announcement and other foreign jurisdictions about Teodorín of a “temporary moratorium” on the death penalty raises serious Nguema Obiang’s alleged corruption. He questions (AFR 24/001/2014) remained in prison at the end of the year. www.amnesty.org/en/library/info/AFR24/001/2014/en 2. See Equatorial Guinea: Free Agustín Esono Nsogo (AFR 24/015/2013) ARBITRARY ARRESTS AND DETENTIONS www.amnesty.org/en/documents/AFR24/015/2013/en/ Following Cipriano Nguema Mba’s abduction (see above), in January, 11 people suspected of having had contact with him, including two women, were arrested without warrants in Malabo, Mongomo and Ebebiyín, and held ERITREA incommunicado. Five of the male detainees were released without charge in June. Four State of Eritrea of the remaining six people were still detained Head of state and government: Isaias Afewerki incommunicado at the end of 2014. In July, the military judicial authorities charged Cipriano Nguema, Ticiano Obama Nkogo, No political opposition parties, independent Timoteo Asumu, Antonio Nconi Sima, Leoncio media, civil society organizations or Abeso Meye (charged in his absence) and unregistered faith groups were permitted the two women, Mercedes Obono Nconi and to operate. There were severe restrictions Emilia Abeme Nzo, with “threatening state on freedom of expression and association. security and the physical integrity of the Military conscription was compulsory, and head of state”. According to their lawyers, frequently extended indefinitely. Thousands they were interrogated without their lawyers of prisoners of conscience and political present and were not informed of the charges prisoners continued to be held in arbitrary against them. detention, in harsh conditions. Torture and On 27 September they were tried by a other cruel, inhuman or degrading treatment military court, again without their lawyers was common. Eritreans continued to flee the present. Instead, they were allocated military country in large numbers. officers with no judicial training as their legal counsel. Three days later they were convicted BACKGROUND as charged. Mercedes Obono and Timoteo On 21 January 2013, around 200 soldiers Asumu received 15-year custodial sentences, took control of the Ministry of Information while the other defendants were each in the capital, Asmara, in an apparent sentenced to 27 years’ imprisonment. coup attempt. The director of Eritrean state television was forced to read a statement PRISONERS OF CONSCIENCE on air containing the soldiers’ demands, Agustín Esono Nsogo was released from including freeing all political prisoners, prison in February 2014, after being held implementing the 1997 Constitution, and

Amnesty International Report 2014/15 145 putting in place a transitional government. Members of other banned groups, including The broadcast was cut off mid-transmission. Pentecostal and Evangelical Christian In July 2013, the UN Monitoring Group denominations, continued to be subject to on Somalia and Eritrea observed “emerging arbitrary detention and torture and other ill- fissures within the political and military treatment for practising their religion. leadership” in Eritrea. In October 2014, they also reported the continued use of coercive MILITARY CONSCRIPTION measures to collect the “diaspora tax” (a 2% National service continued to be mandatory levy on income imposed on Eritrean nationals for all men and women aged between 18 living abroad) in a number of countries. and 50, with no provision for conscientious After hundreds of Eritreans drowned objection. All school pupils were required while trying to reach the Italian island of to complete their final school year at Sawa Lampedusa in October 2013, four Eritrean military camp, effectively conscripting Catholic bishops issued a letter in May 2014. children into the military. The initial 18-month In a rare public expression of dissent, they period of service continued to be frequently criticized the situation that led so many extended indefinitely, with minimal salaries people to continue to leave the country. and no choice over the nature of work assigned – a system that amounted to forced PRISONERS OF CONSCIENCE labour. Conscripts faced harsh penalties Thousands of people were arbitrarily detained for evasion, including arbitrary detention and held in incommunicado detention without and torture and other ill-treatment. Children charge or trial for various reasons, including: at Sawa were kept in poor conditions and criticizing government policy or practice; received harsh punishments for infractions. for their work as journalists; for suspected opposition to the government; practising a TORTURE AND OTHER ILL-TREATMENT religion not recognized by the state; evading Torture and other ill-treatment was reported to or deserting national service conscription; or be widely used as punishment, interrogation, for trying to flee the country, or in the place of and as coercion. Common methods included family members who had fled. In most cases tying prisoners in painful positions for long relatives were not aware of the detainee’s periods and prolonged solitary confinement. whereabouts. Some prisoners of conscience Appalling prison conditions amounted to had been in prison without charge or trial for cruel, inhuman or degrading treatment or two decades. punishment. Many detainees were held in The government continued to refuse to overcrowded underground cells or metal confirm reports that nine of the 11 so-called shipping containers, often in desert locations, G15 prisoners – a group of high-profile suffering extremes of heat and cold. Food, politicians detained since 2001 – had died in water and sanitation were inadequate. detention from a range of illnesses, as well as a number of the journalists arrested alongside REFUGEES AND ASYLUM-SEEKERS them. There were unconfirmed reports As of January 2014 UNHCR, the UN refugee that eight detainees held since 2005/2006, agency, reported 338,129 persons of concern including government officials and medical originating from Eritrea, including 308,022 doctors, were released in April 2014. refugees and 30,038 asylum-seekers. Around 3,000 people fled the country each month. FREEDOM OF RELIGION Human trafficking networks continued Only four faith groups were permitted to to prey upon Eritreans fleeing the country, operate – the Eritrean Orthodox, Roman including in Sudan and Egypt. Victims were Catholic and Lutheran Churches, and Islam. held hostage, sometimes for a year or longer,

146 Amnesty International Report 2014/15 and subjected to violence by criminal groups low. The government accepted the transfer attempting to extract ransom payments of a Guantánamo detainee. from their families. The UN Monitoring Group reported that it had identified a Swiss RIGHTS OF LESBIAN, GAY, BISEXUAL, bank account that had been used to collect TRANSGENDER AND INTERSEX PEOPLE such payments. On 9 October, parliament passed a gender- In April 2014, 266 Eritrean refugees and neutral Cohabitation Act, due to enter into asylum-seekers were released from detention force on 1 January 2016. The Act allows in neighbouring and transferred to a unmarried, including same-sex, couples to refugee camp in the south of the country. register their cohabitation. It also extends to them many of the rights of married couples, INTERNATIONAL SCRUTINY for example regarding benefits. Couples Eritrea faced increased international scrutiny. in a registered cohabitation agreement Appointed to the newly created role of UN will be allowed to adopt the partner’s Special Rapporteur on the human rights biological children. situation in Eritrea in October 2012, Sheila Keetharuth presented wide-ranging concerns DISCRIMINATION – ETHNIC MINORITIES and recommendations in reports to the UN UNHCR, the UN refugee agency, stated that Human Rights Council in June 2013 and about 91,000 people (approximately 6.8% of June 2014, and to the UN General Assembly the population) remained stateless; the vast in October 2013 and October 2014. The majority were Russian speakers. Stateless Special Rapporteur’s requests for access to people enjoyed limited political rights. the country have not been granted since her Efforts by the authorities to facilitate the appointment in 2012. naturalization of children born of stateless In June 2014, a three-member UN parents fell short of granting them automatic Commission of Inquiry was established for citizenship at birth, leaving Estonia in breach one year to investigate all alleged violations of of its obligations under the International human rights in Eritrea outlined in the reports Covenant on Civil and Political Rights and the of the Special Rapporteur. Convention on the Rights of the Child. Ethnic minorities continued to be disproportionately affected by unemployment and poverty, leading to concerns that ethnic and linguistic discrimination could be a ESTONIA contributing factor. Language requirements for employment were reportedly placing Republic of Estonia ethnic minorities at a disadvantage. Head of state: Toomas Hendrik Ilves Head of government: Taavi Rõivas (replaced Andrus REFUGEES AND ASYLUM-SEEKERS Ansip in March) The number of asylum applications remained low. Approximately 120 were made in the first 10 months of the year, of which some 35 Legislation allowing unmarried, including were from Ukrainian nationals. At least 20 same-sex, couples to register their people had been granted asylum as of the cohabitation was passed. About 91,000 end of November. There was concern that people remained stateless. Few asylum- asylum-seekers could be denied access to seekers were granted protection and the asylum at borders and refused entry. number of asylum applications remained

Amnesty International Report 2014/15 147 Reports indicated that the provision of the population, including politicizing access legal aid and interpretation to asylum-seekers to job and education opportunities and had improved. development assistance, and high levels of physical and technological surveillance. COUNTER-TERROR AND SECURITY The politicization of the investigative branch In October, following a request from the of the police and of the judiciary meant that USA, the government agreed to accept for it was not possible to receive a fair hearing in resettlement a former Guantánamo detainee. politically motivated trials. Neither his identity nor the date of transfer Federal and regional security services were disclosed. were responsible for violations throughout the country, including arbitrary arrests, the use of excessive force, torture and extrajudicial executions. They operated with near- total impunity. ETHIOPIA Armed opposition groups remained in several parts of the country or in neighbouring Federal Democratic Republic of Ethiopia countries, although in most cases with small Head of state: Mulatu Teshome Wirtu numbers of fighters and low levels of activity. Head of government: Hailemariam Desalegn Access to some parts of the Somali region continued to be severely restricted. There were continuing reports of serious violations Freedom of expression continued to of human rights, including arbitrary arrests be subject to serious restrictions. The and extrajudicial executions. There were also government was hostile to suggestions multiple allegations of the rape of women and of dissent, and often made pre-emptive girls by members of the security services. arrests to prevent dissent from manifesting. Independent media publications were EXCESSIVE USE OF FORCE – subject to further attack. Peaceful EXTRAJUDICIAL EXECUTIONS protesters, journalists, and members of In April and May, protests took place across opposition political parties were arbitrarily region against a proposed “Integrated arrested. The Charities and Societies Master Plan” to expand the capital Addis Proclamation continued to obstruct the Ababa into Oromia regional territory. The work of human rights organizations. government said the plan would bring Arbitrary detention and torture and other services to remote areas, but many Oromo ill-treatment were widespread, often used people feared it would damage the interests as part of a system for silencing actual or of Oromo farmers and lead to large-scale suspected dissent. displacement. Security services, comprising federal BACKGROUND police and military special forces, responded Economic growth continued apace, along with with excessive force, firing live ammunition significant foreign investment including in the at protesters in Ambo and Guder towns agriculture, construction and manufacturing and Wallega and Madawalabu universities, sectors, large-scale development projects resulting in the deaths of at least 30 people, such as hydroelectric dam building and including children. Hundreds of people were plantations, and widespread land-leasing, beaten by security service agents during often to foreign companies. and after the protests, including protesters, The government used multiple channels bystanders, and parents of protesters for and methods to enforce political control on

148 Amnesty International Report 2014/15 failing to “control” their children, resulting in In July, they were charged with terrorism scores of injuries. offences, along with another Zone 9 member Thousands of people were arbitrarily charged in their absence. The charge sheet arrested. Large numbers were detained cited among their alleged crimes the use of without charge for several months, and “Security in a Box” – a selection of open- some were held incommunicado. Hundreds source software and materials created to were held in unofficial places of detention, assist human rights defenders, particularly including Senkele police training camp. Some those working in repressive environments. detainees were transferred to Maikelawi Six of the group said they were forced federal police detention centre in Addis to sign confessions. Three complained Ababa. Over 100 people continued to be in remand hearings that they had been detained in Kelem Wallega, Jimma and Ambo tortured, but the court did not investigate their by security service agents after courts ordered complaints. The trial continued at the end their release on bail or unconditionally. of 2014. Many of those arrested were released Early in 2014, a “study” conducted by the after varying detention periods, between May national Press Agency and Ethiopian News and October, but others were denied bail, or Agency and published in the government- remained in detention without charge. Others, run Addis Zemen newspaper targeted including students and members of the seven independent publications, alleging Oromo Federalist Congress (OFC) opposition that they had printed several articles which political party, were prosecuted and convicted “promoted terrorism”, denied economic in rapid trials on various charges relating to growth, belittled the legacy of former Prime the protests. Minister Meles Zenawi, and committed other “transgressions”. In August, the FREEDOM OF EXPRESSION, ARBITRARY government announced that it was bringing ARRESTS AND DETENTIONS charges against several of the publications, 2014 saw another onslaught on freedom causing over 20 journalists to flee the of expression and suggestions of dissent, country. In October, the owners of three of including further targeting of the independent the publications were sentenced in their media and arrests of opposition political party absence to over three years’ imprisonment members and peaceful protesters. Several each for allegedly inciting the public to attempts by opposition political parties to overthrow the government and publishing stage demonstrations were obstructed by the unfounded rumours. authorities. The Anti-Terrorism Proclamation The OFC opposition party reported that continued to be used to silence dissidents. between 350 and 500 of its members were Opposition party members were increasingly arrested between May and July, including targeted ahead of the 2015 general election. party leadership. The arrests started in In late April, six bloggers of the Zone 9 the context of the “Master Plan” protests, collective and three independent journalists but continued for several months. Many of associated with the group were arrested those arrested were detained arbitrarily and in Addis Ababa, two days after the group incommunicado. OFC members were among announced the resumption of activities, over 200 people arrested in Oromia in mid- which had been suspended due to significant September, and further party members were harassment. For nearly three months, all arrested in October. nine were held in the underground section of On 8 July, Habtamu Ayalew and Daniel Maikelawi, denied access to family members Shebeshi, of the Unity for Democracy and and other visitors, and with severely restricted Justice (UDJ) Party, and Yeshewas Asefa of access to lawyers. the Semayawi Party were arrested in Addis

Amnesty International Report 2014/15 149 Ababa. Abraha Desta of the Arena Tigray detention centres, including Maikelawi. Many Party, and a lecturer at Mekele University, detainees were held incommunicado, and was arrested in Tigray, and was transferred many were denied access to lawyers and to Addis Ababa. They were detained in family members. Maikelawi and initially denied access to Numerous prisoners of conscience, lawyers and family. In late October, they imprisoned in previous years based solely on were charged under the Anti-Terrorism their peaceful exercise of their freedom of Proclamation. Yeshewas Asefa complained in expression and opinion, including journalists court that he had been tortured in detention. and opposition political party members, The Semayawi Party reported numerous remained in detention. These included some arrests of its members, including seven convicted in unfair trials, some whose trials women arrested in March during a run to continued, and some who continued to be mark International Women’s Day in Addis detained without charge. Ababa, along with three men, also members Access to detention centres for monitoring of the party. They had been chanting slogans and documenting the treatment of detainees including “We need freedom! Free political continued to be severely restricted. prisoners!” They were released without charge after 10 days. In late April, 20 members of TORTURE AND OTHER ILL-TREATMENT the party were arrested while promoting a Torture took place in local police stations, demonstration in Addis Ababa. They were Maikelawi federal police station, federal and released after 11 days. regional prisons and military camps. In early September, Befekadu Abebe and Torture methods reported included: Getahun Beyene, party officials in Arba Minch beating with sticks, rubber batons, gun city, were arrested along with three party butts and other objects; burning; tying in members. Befekadu Abebe and Getahun stress positions; electric shocks; and forced Beyene were transferred to Maikelawi prolonged physical exercise. Some detention detention centre in Addis Ababa. In the initial conditions amounted to torture, including stages of detention, they were reportedly detaining people underground without denied access to lawyers and family light, shackled and in prolonged solitary members. In late October, party member confinement. Agbaw Setegn, was arrested in Gondar, and Torture typically took place in the early was also transferred to Maikelawi, and held stages of detention, in conjunction with the incommunicado without access to lawyers interrogation of the detainee. Torture was or family. used to force detainees to confess, to sign On 27 October, editor Temesgen Desalegn incriminating evidence and to incriminate was sentenced to three years’ imprisonment others. Those subjected to torture included for “defamation” and “inciting the public prisoners of conscience, who were arrested through false rumours”, in the now-defunct for their perceived or actual expression publication Feteh, after a trial that had lasted of dissent. more than two years. The publisher of Feteh Defendants in several trials complained in was also convicted in their absence. court that they were tortured or otherwise ill- People were detained arbitrarily without treated in detention. The courts failed to order charge for long periods in the initial stages, investigations into the complaints. or throughout the duration, of their detention In several cases, prisoners of conscience including numerous people arrested for were denied access to adequate peaceful opposition to the government or medical care. their imputed political opinion. Arbitrary detention took place in official and unofficial

150 Amnesty International Report 2014/15 OROMIA REGION On 23 June, UK national Andargachew Ethnic Oromos continued to suffer many Tsige, Secretary General of the outlawed violations of human rights in efforts to Ginbot 7 movement, was rendered from suppress potential dissent in the region. Yemen to Ethiopia. On 8 July, a broadcast Large numbers of Oromo people continued was aired on state-run ETV showing Tsige to be arrested or remained in detention looking haggard and exhausted. By the after arrests in previous years, based on end of the year, he was still detained their peaceful expression of dissent, or incommunicado at an undisclosed location, in numerous cases, based only on their with no access to lawyers or family. The UK suspected opposition to the government. government continued to be denied consular Arrests were arbitrary, often made pre- access, except for two meetings with the emptively and without evidence of a crime. Ambassador, to one of which Andargachew Many were detained without charge or trial, Tsige was brought hooded, and they were not and large numbers were detained in unofficial permitted to talk privately. places of detention, particularly in military In March, former Gambella regional camps throughout the region. There was no governor Okello Akway, who has Norwegian accountability for enforced disappearances citizenship, was forcibly returned to Ethiopia or extrajudicial executions during 2014 or in from South Sudan. In June, he was charged previous years. with terrorism offences along with several In the aftermath of the “Master Plan” other people, in connection with Gambella protests, increased levels of arrests of actual opposition movements in exile. or suspected dissenters continued. Large numbers of arrests were reported, including several hundred in early October in Hurumu and Yayu Woredas districts in Illubabor province, of high-school students, farmers FIJI and other residents. There were further reports of arrests Republic of Fiji of students asking about the fate of their Head of state: Ratu Epeli Nailatikau classmates arrested during the “Master Plan” Head of government: Josaia Voreqe Bainimarama protests, demanding their release and justice for those killed, including 27 reported to have been arrested in Wallega University in Laws, policies and practices failed to late November. adequately protect human rights, placing sweeping restrictions on freedoms of REFUGEES AND ASYLUM-SEEKERS expression, peaceful assembly and Forcible returns association. Victims of serious human rights Ethiopian government agents were active in violations, including torture and other ill- many countries, some of which cooperated treatment, were unable to seek redress in with the Ethiopian authorities in forcibly the courts due to widespread immunities for returning people wanted by the government. government officials and security forces. In January, two representatives of the rebel National Liberation Front were BACKGROUND abducted and forcibly returned to Ethiopia In September Fiji held its first election from Nairobi, Kenya. They were in Nairobi to since the 2006 military coup. New electoral participate in further peace talks between the laws expanded restrictions on freedom group and the government. of expression. A climate of fear and self- censorship prevailed. Abuses by security

Amnesty International Report 2014/15 151 forces continued to occur, including one TORTURE AND OTHER ILL-TREATMENT death in police custody in August. Extensive immunities under the Constitution made it impossible to hold state perpetrators FREEDOMS OF EXPRESSION, accountable for serious human rights ASSEMBLY AND ASSOCIATION violations such as torture and other ill- Rights to freedoms of expression, peaceful treatment. Members of the military and assembly and association were criminalized, the police, as well as government officials, with people facing heavy fines and possible operated with civil and criminal immunity imprisonment under a number of decrees. for violations of human rights. Many cases The Electoral Decree 2014 prohibited civil of torture and other ill-treatment, including society organizations from ”campaigning”, several relating to recaptured prisoners, including providing human rights education, remained unaddressed. on any issue relevant to elections. Breaching In August Vilikesa Soko, who had been this Decree carried a penalty of FJ$50,000 arrested on suspicion of robbery, died in (approx. US$27,000) and up to 10 years’ police custody. The autopsy report showed imprisonment. that he suffered serious injuries consistent In August a human rights organization, with assault, leading to multiple organ failure. Citizens’ Constitutional Forum, was put While the new Police Commissioner promptly under criminal investigation for breaching ordered an investigation into the death and the Electoral Decree for organizing a series suspended four police officers, no criminal of public lectures on democracy and charges had been brought against the alleged human rights. perpetrators at the end of the year. In June the Media Industry Development Authority called for a criminal investigation against two university academics after they had called on police to stop the harassment and intimidation of journalists. FINLAND

WORKERS’ RIGHTS Republic of Finland The Essential National Industries Head of state: Sauli Niinistö (Employment) Decree 2011 continued Head of government: Alexander Stubb (replaced to violate key workers’ rights, including Jyrki Katainen in June) by limiting collective bargaining rights, curtailing the right to strike, banning overtime payments, and voiding existing collective Asylum-seekers and migrants faced agreements for workers in the sugar, aviation detention in unsuitable facilities. An and tourism industries. Under electoral laws, investigation into Finland’s involvement trade union officials were not permitted to in the US-led rendition programme failed hold office in a political party or to engage in to find evidence. Support for victims of other political activities. sexual and gender-based violence remained In January Daniel Urai, a trade union insufficient. Transgender people faced leader, was arrested and charged with obstacles to legal gender recognition. participating in an unlawful strike, following a strike at a hotel in Nadi. The charges were REFUGEES’ AND MIGRANTS’ RIGHTS dropped after two months. Finland continued to detain asylum-seekers and migrants, including children. During 2013, approximately 1,500 migrants were detained under the Aliens Act, of whom

152 Amnesty International Report 2014/15 the majority were held in police detention result of the most serious incident of violence facilities. Ten unaccompanied children were by their partner. held together with adults in the Metsälä In March, the CEDAW Committee detention centre. In September 2014, a new recommended allocating adequate resources detention centre intended to hold families to a National Action Plan to prevent violence with children and other vulnerable individuals, against women, establishing an institutional connected with the Joutseno reception mechanism to co-ordinate and monitor any facility, was opened. measures, ensuring sufficient and adequately In January, the Ombudsman for Minorities resourced shelters, opening rape crisis began monitoring forced removals of refused centres and walk-in centres, and establishing asylum-seekers and migrants. a 24-hour helpline.

COUNTER-TERROR AND SECURITY DISCRIMINATION – In April, the Parliamentary Ombudsman TRANSGENDER PEOPLE published the results of his investigation Widespread prejudices and discriminatory into Finland’s alleged role in the US-led legislation negatively affected the enjoyment programme of rendition and secret detention. of human rights by transgender individuals.2 The Ombudsman found no evidence that Transgender people can obtain legal gender Finnish officials had any knowledge of recognition only if they agree to be sterilized, rendition flights by the CIA in Finland, but are diagnosed with a mental disorder, are “could not give any guarantees” as some of age and can prove that they are single. flight information was not included in the The Ministry of Social Affairs and Health probe because it was no longer available.1 finalized a draft law in November proposing the removal of the requirements regarding VIOLENCE AGAINST WOMEN AND GIRLS sterilization and single status; the bill had not Rape is still defined by the degree of violence been presented to Parliament by the end of or threats of violence used by the perpetrator, the year. rather than the violation of sexual and physical and mental integrity. PRISONERS OF CONSCIENCE Support for victims of gender-based Conscientious objectors to military service and sexual violence remains insufficient continued to be imprisoned for refusing to and at risk of deterioration. Two women’s undertake alternative civilian service, which shelters were closed down in 2013, and remained punitive and discriminatory in only two crisis centres offered support to length. Since February 2013, the duration of rape victims. Finland does not meet the alternative civilian service has been 347 days, shelter requirements set by the Council more than double the shortest military service of Europe Convention. Despite period of 165 days. the government’s stated intention to ratify the Convention, its proposal published in September included neither a dedicated 1. Finland: CIA rendition probe findings ‘disappointing’ (Press release) budget nor an action plan for extending the www.amnesty.org/en/news/finland-cia-rendition-probe-findings- required services to victims of violence. disappointing-2014-04-29 A survey published in March by the 2. The state decides who I am: Lack of legal gender recognition for European Union Agency for Fundamental transgender people in Europe (EUR 01/001/2014) Rights found that 47% of women had www.amnesty.org/en/library/info/EUR01/001/2014/en experienced physical or sexual violence since the age of 15 by a partner and/or non-partner. Only 10% of women contacted the police as a

Amnesty International Report 2014/15 153 On 21 October, more than 300 individuals FRANCE were forcibly evicted from the informal settlement Les Coquetiers in Bobigny, a French Republic suburb, following an eviction order issued by Head of state: François Hollande the municipality. According to the authorities, Head of government: Manuel Valls (replaced Jean- 134 individuals were offered some rehousing Marc Ayrault in March) solutions. More than 100 reportedly left the settlement before the eviction took place as they had not been offered any alternative Migrant Roma continued to be forcibly accommodation. About 60 individuals were evicted from informal settlements; forcibly evicted and subsequently offered individuals and communities were often not short-term accommodation in Paris.1 consulted or offered adequate alternative While the authorities did not collect official accommodation. Concerns remained data on hate crimes against Roma, civil about the impartiality and thoroughness society organizations reported several violent of investigations into allegations of ill- attacks against Roma. Concerns remained treatment by the police. Same-sex couples that the authorities often did not take into could enter into civil marriage following a account any alleged discriminatory motive in change in the law in 2013. the investigation of these cases. The criminal investigation against four police officers DISCRIMINATION – ROMA who had injured a Roma man in November Officially, more than 19,000 people lived in 2011, while carrying out a forced eviction in 429 informal settlements at the beginning of Marseille, was still ongoing at the end of the the year. Most of them were migrant Roma year.2 from Romania, Bulgaria and the former Yugoslavia. The French authorities continued RIGHTS OF LESBIAN, GAY, BISEXUAL, to forcibly evict them throughout the year. TRANSGENDER AND INTERSEX PEOPLE According to the League of Human Rights On 18 May 2013, civil marriage was made and the European Roma Rights Centre, more available to all couples irrespective of gender. than 11,000 individuals were forcibly evicted Adoption rights were extended to married in the first nine months of the year. same-gender couples. On 31 January, the Minister of Housing Despite repeated commitments by the announced a plan to provide long-term government to reform abusive practices, housing solutions to the inhabitants of transgender people continued to be subjected informal settlements. On 28 February, to psychiatric diagnosis and unnecessary an agreement was signed between the medical treatments such as surgery and government and Adoma, a publicly sterilization in order to obtain legal recognition funded accommodation provider, and of their gender.3 some communities evicted from informal settlements were offered alternative housing. DISCRIMINATION – MUSLIMS In spite of these developments, most of the Two judgments issued during the year failed evicted individuals and families reportedly to uphold Muslim women’s right to freedoms did not receive any alternative housing. For of expression, religion and belief, and non- instance, on 18 June, some 400 individuals discrimination. On 25 June, the Court of were forcibly evicted from La Parette, the Cassation found that the management of largest informal settlement in Marseille. Only a private kindergarten did not discriminate 18 families (150 people) were offered some against a Muslim employee in 2008 when form of alternative accommodation. she was dismissed for wearing a headscarf

154 Amnesty International Report 2014/15 in the workplace. On 1 July, in the case of opposition leader, to Russia, from where he SAS v. France, the European Court of Human could be forcibly returned to Kazakhstan. At Rights found that the 2011 law prohibiting the the end of the year, an appeal was pending complete covering of the face in public did before the Court of Cassation. If extradited, he not constitute a disproportionate restriction of risked facing unfair trial in Russia and torture the right to freedom of religion.4 or other ill-treatment in Kazakhstan.5

POLICE AND SECURITY FORCES REFUGEES' AND MIGRANTS’ RIGHTS In 2013, the Defender of Rights, an On 16 October 2013, President Hollande independent public authority, dealt with announced that 500 Syrian refugees would almost 1,000 allegations of acts of violence be resettled in France during 2014. Between perpetrated by police. However, concerns 300 and 350 were resettled by the end of remained about the impartiality and the year. On 27 March, 85 Syrian nationals thoroughness of investigations into these were reportedly stopped by police on arrival at allegations by judicial authorities. Paris Gare de Lyon railway station. They were In February 2014, the Court of Cassation not given the opportunity to claim asylum and reopened the case of Ali Ziri, an Algerian man were given one month to leave France. who died in custody in 2009, which had been Also in March, a circular by the Minister dismissed in 2012. On 19 November, the of the Interior concerning undocumented prosecuting authorities requested before the migrants instructed authorities to deport Rennes Appeal Court that further investigation foreign nationals whose asylum claims had be conducted into the case. However, on been rejected by OFPRA, the French Office 12 December the Investigative Chamber for Refugees and Stateless People, through of the Rennes Appeal Court confirmed the the priority asylum procedure. While these 2012 dismissal. decisions could be appealed against before On 23 September, Raymond Gurême, an the National Court of the Right to Asylum, the 89-year-old French Traveller, suffered several appeal did not have the effect of suspending injuries allegedly as a result of excessive force the deportation. A bill aimed at reforming during a police operation at the site where he asylum procedures was adopted by the lived. An investigation was ongoing at the end National Assembly and was pending before of the year. the Senate. On 26 October, 21-year-old Rémi Fraisse On 10 July, the European Court of Human was fatally injured by an explosive anti-riot Rights found that the refusal of French grenade thrown by National Gendarmerie authorities to issue visas for the purpose officers during a demonstration against the of family reunification to the children of Sivens dam project in the Tarn region. About two refugees and three migrants residing 20 other complaints of police ill-treatment in France violated the applicants’ right to were reportedly filed by people protesting family life. against the project. On 2 December, an In October, more than 2,500 migrants and internal investigation found that the National asylum-seekers, mainly from Afghanistan, Gendarmerie officers abided by the law. Ethiopia, Eritrea and Syria, were living in Concerns remained about the impartiality and harsh conditions in the Calais region. Most thoroughness of this investigation. were attempting to reach the UK. In May, the authorities forcibly evicted 700 migrants and TORTURE AND OTHER ILL-TREATMENT asylum-seekers from informal settlements On 24 October the Lyon Court of Appeal in the area following a reported outbreak of authorized the extradition of Mukhtar scabies.6 Discussions concerning the opening Ablyazov, a Kazakhstani banker and

Amnesty International Report 2014/15 155 of a new reception centre were ongoing at the 5. France: Stop extradition of Kazakhstani opposition activist at risk of end of the year. torture (News story) www.amnesty.org/en/news/france-stop-extradition-kazakhstani- INTERNATIONAL JUSTICE opposition-activist-risk-torture-2014-10-24 On 14 March, Rwandan national and former 6. France: Forced evictions add to climate of fear amid alleged hate head of the Rwandan intelligence services crimes (EUR 21/003/2014) Pascal Simbikangwa, was sentenced www.amnesty.org/en/library/info/EUR21/003/2014/en by the Paris Assize Court to 25 years’ imprisonment for genocide and complicity in crimes against humanity perpetrated in the context of the 1994 Rwandan genocide. This was the first case to come to trial on GAMBIA the basis of extraterritorial jurisdiction since the establishment in 2012 of a specialized Republic of the Gambia investigative unit tasked to deal with cases Head of state and government: Yahya Jammeh concerning genocide, war crimes and crimes against humanity. At the end of the year, the unit was investigating more than 30 alleged 2014 marked 20 years since President crimes perpetrated abroad. Yahya Jammeh came to power.1 The authorities continued to repress dissent. FREEDOM OF ASSEMBLY The government continued its policy of Several demonstrations concerning non-co-operation with UN human rights the situation in Gaza, including two mechanisms. Successive legislation demonstrations scheduled to take place in was passed further restricting freedom Paris on 19 and 26 July, were prohibited of expression and increasing punitive on grounds of security. The demonstrations measures against journalists. Human took place despite the ban. Although some rights defenders and journalists continued incidents of violence occurred, concerns to face imprisonment and harassment. remained as to whether the decisions to ban The rights of lesbian, gay bisexual, them were necessary and proportionate. transgender and intersex (LGBTI) people were further threatened. The year ended with an attempted coup on 30 December, 1. France: Bobigny forced eviction set to leave Roma families homeless leading to dozens of arrests and widespread (News story) crackdowns on media outlets. www.amnesty.org/en/news/france-bobigny-forced-eviction-set-leave- roma-families-homeless-2014-10-20 BACKGROUND 2. “We ask for justice”: Europe’s failure to protect Roma from racist Gambia’s human rights record was assessed violence (EUR 01/007/2014) under the UN Universal Periodic Review www.amnesty.org/en/library/info/EUR01/007/2014/en (UPR) in October.2 Concerns by UN member 3. T he state decides who I am: Lack of legal gender recognition for states included Gambia’s restrictions on the transgender people in Europe (EUR 01/001/2014) right to freedom of expression, its renewed www.amnesty.org/en/library/info/EUR01/001/2014/en use of the death penalty, and discrimination 4. European Court ruling on full-face veils punishes women for and attacks on people on the basis of their expressing their beliefs (News story) sexual orientation and gender identity. www.amnesty.org/en/news/european-court-ruling-full-face-veils- During their visit to Gambia in November, punishes-women-expressing-their-religion-2014-07-01 the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture were denied

156 Amnesty International Report 2014/15 access to detention centres where prisoners servant. For example, the Act increased the were believed to be at risk of torture. They punishment for providing false information to described torture as a “consistent practice” a public servant from six months’ to five years’ in Gambia and expressed concerns about imprisonment and/or a larger fine. the 2012 executions and the climate of Journalists impunity.3 In August, the authorities had Journalists faced harassment, intimidation, unilaterally postponed the visit of the Special arbitrary arrest and detention for carrying out Rapporteurs, without adequate explanation. their legitimate work.4 In January 2013, President Jammeh Sanna Camara was arrested on 27 June suspended political dialogue with the EU and charged with publishing false information following the inclusion of human rights on after writing an article on human trafficking in the agenda. Although discussions resumed Gambia for the Standard newspaper. He was in July 2013, little progress was made on denied access to a lawyer or his relatives. He implementing human rights commitments. was released on bail the next day and ordered In October 2013, President Jammeh to report to the police headquarters several announced Gambia’s withdrawal from the times per week over several months. Commonwealth, which was collaborating with the Gambian authorities on capacity-building HUMAN RIGHTS DEFENDERS initiatives for the judiciary and establishing a Human rights defenders faced harassment, national human rights commission. intimidation, arbitrary arrest and detention, torture and enforced disappearance. There FREEDOM OF EXPRESSION were risks of reprisals against Gambians Successive legislation was passed in who sought to engage in relation to the UPR recent years restricting the right to freedom examination on Gambia and ahead of the visit of expression. of the UN Special Rapporteurs. In August 2014, the National Assembly By the end of the year no investigation had passed the Criminal Code (Amendment) been instigated into the unlawful arrest and Act that introduced the charge “absconding torture of Baba Leigh, a prominent state officials”. This could be used to target human rights defender and Muslim cleric. He individuals who expressed dissent and chose had been arrested by National Intelligence to remain outside the country. Agency (NIA) officers in December 2012 and In July 2013, the National Assembly placed in incommunicado detention. He was passed the Information and Communication repeatedly tortured for publicly condemning (Amendment) Act, allowing for penalties of the government’s use of the death penalty. up to 15 years’ imprisonment and hefty fines He was released following a presidential for offences including: criticizing government pardon in May 2013 and subsequently left officials online; spreading “false news” about the country in fear for his safety. the government or public officials; making derogatory statements against public officials; TORTURE AND OTHER ILL-TREATMENT and inciting dissatisfaction or instigating Detainees were routinely tortured by law violence against the government. enforcement personnel as punishment and in In May 2013, the National Assembly order to force “confessions”. passed the Criminal Code (Amendment) Abdou Jeli Keita, an officer with the Act, broadening the definition of various National Drug Enforcement Agency and offences and imposing harsher punishments a former journalist, was pushed into a car for acts of public disorder, such as “hurling outside his home in Wellingara on 1 August abusive insults” or “singing abusive songs”, by five men wearing civilian clothes, believed and for giving false information to a public to be members of the security services. He

Amnesty International Report 2014/15 157 was blindfolded and driven to an undisclosed RIGHTS OF LESBIAN, GAY, BISEXUAL, location where he said he was detained and TRANSGENDER AND INTERSEX PEOPLE beaten. Abdou Jeli Keita was not charged, nor At least eight people, including three women allowed access to a lawyer or his relatives. He and a 17-year-old youth, were arrested by was told by his captors that he was detained men identifying themselves as agents of the because he was suspected of publicizing NIA and Presidential Guards between 7 and information on poor prison conditions. He was 13 November and threatened with torture released the following day. because of their presumed sexual orientation. On 18 December 2013, Amadou Sanneh, They were told that if they did not “confess” national treasurer of the opposition United their homosexuality, including by providing (UDP), and two other the names of others, a device would be forced UDP members, Alhagie Sambou Fatty and into their anus or vagina to “test” their sexual Malang Fatty, were convicted of sedition and orientation. Such treatment would violate sentenced to up to five years’ imprisonment. international law prohibiting torture and They were held incommunicado at the NIA other ill-treatment. A further six women were headquarters for nearly a month prior to reportedly arrested on 18 and 19 November their trial in October 2013. All three alleged on the same grounds.5 they were tortured to confess on national In August, the National Assembly passed television. Alhagie Sambou Fatty and Malang the Criminal Code (Amendment) Act 2014 Fatty had no legal representation throughout which created the crime of “aggravated their detention and trial. The three men are homosexuality”, carrying a life sentence. prisoners of conscience. The wording of the Amendment was vague, making it open to wide-ranging abuse by DEATH PENALTY the authorities. Among those who could be In November, the Supreme Court commuted charged with “aggravated homosexuality” the death sentences of Lang Tombong Tamba were “repeat offenders” and people living and six others to life imprisonment. The seven with HIV who were suspected of being gay or men – Chief of Defence Staff Lieutenant lesbian.6 General Lang Tombong Tamba, Brigadier In a speech on national television in General Omar Bun Mbye, Major Lamin Bo February, President Jammeh attacked LGBTI Badgie, Lieutenant Colonel Kawsu Camara, rights, stating, “We will fight these vermin former Deputy Inspector General of Police called homosexuals or gays the same way we Momodou B. Gaye, Gibril Ngorr Secka and are fighting malaria-causing mosquitoes – if Abdoulie Joof – were convicted of treason not more aggressively.” In May, President and sentenced to death in 2010. They had Jammeh threatened Gambians seeking been sentenced to death for treason, contrary asylum as a result of discrimination on the to the Constitution which permits the death basis of their sexual orientation. penalty only for crimes “resulting in the death of another person”. IMPUNITY In a media interview in August 2013, The government made no progress towards President Jammeh justified the retention of implementing the judgments of the the death penalty as being “divine law” and ECOWAS Court of Justice in the enforced stated that he would not pardon anybody disappearance of journalist Ebrima Manneh, condemned to death. This would deny the torture of journalist Musa Saidykhan and defendants’ right under international law to the unlawful killing of Deyda Hydara.7 seek clemency.

158 Amnesty International Report 2014/15 BACKGROUND 1. Gambia: President Jammeh must put an end to 20 years of repression On 27 June, the European Union signed the and impunity for human rights violations (AFR 27/009/2014) Association Agreement with Georgia. www.amnesty.org/en/library/info/AFR27/009/2014/en Allegations of the of 2. Gambia: Deteriorating human rights situation: Amnesty International figures associated with the opposition party submission to the UN Universal Periodic Review, October-November United National Movement (UNM) persisted. 2014 (AFR 27/006/2014) On 13 August, the Chief Prosecutor's Office www.amnesty.org/en/library/info/AFR27/006/2014/en charged former President Mikheil Saakashvili 3. Gambia: UN monitors denied prison access as they condemn in his absence with embezzlement and “consistent practice” of torture (Press release) abuse of office. On 9 December, the OSCE www.amnesty.org.uk/press-releases/gambia-un-inspectors-denied- trial monitoring, which focused on criminal prison-access-after-they-condemn-consistent-practice cases against senior officials in President 4. Gambia: Further information: journalists acquitted and discharged Saakashvili’s government, identified concerns (AFR 27/014/2014) related to a number of fair trial rights, www.amnesty.org/en/library/info/AFR27/014/2014/en including equality of arms between parties 5. Gambia must stop wave of homophobic arrests and torture (News and the . story) Defence minister Irakli Alasania was www.amnesty.org/en/news/gambia-must-stop-wave-homophobic- sacked on 4 November following the arrests arrests-and-torture-2014-11-18 of five senior defence officials on 28 October, 6. Gambia: “Aggravated homosexuality’’ offence carries life sentence which he had dismissed as politically (News story) motivated. The officials were accused of www.amnesty.org/en/news/gambia-aggravated-homosexuality- misspending GEL 4.1 million (US$2.1 million) offence-carries-life-sentence-2014-11-21 in what the prosecution claimed was a sham 7. Gambia: President Jammeh must put an end to 20 years of repression tender. Several ministerial resignations and impunity for human rights violations (AFR 27/009/2014) followed resulting in the breakdown of the www.amnesty.org/en/library/info/AFR27/009/2014/en parliamentary coalition. In November, three detainees from the US detention facility at Guantánamo Bay were transferred to Georgia for resettlement. On 24 November, the de facto authorities GEORGIA in Georgia’s region signed the Agreement on Alliance and Strategic Georgia Partnership with the Russian Federation Head of state: Giorgi Margvelashvili making the breakaway territory even more Head of government: Irakli Garibashvili dependent on Russia in defence, external relations and economic matters.

Religious and sexual minorities continued DISCRIMINATION to face discrimination and violence On 2 May, an anti-discrimination law was and in several instances were unable adopted but without provisions which had to exercise their right to freedom of been included in an earlier draft. These assembly. Opposition politicians were would have introduced an independent subject to violent attacks. Allegations of oversight mechanism and financial penalties ill-treatment by police and penitentiary for violations. officials continued to be reported and Reported incidents of violent religious were often inadequately investigated. intolerance increased. The authorities failed Domestic violence against women to protect the rights of religious minorities, remained widespread.

Amnesty International Report 2014/15 159 address recurring violence and effectively demonstrators while the police failed to investigate attacks. ensure people’s safety. On 1 June, local Orthodox Christians in the town of Terjola, western Georgia, gathered POLICE AND SECURITY FORCES to protest against the construction of a place A number of violent attacks against opposition of worship for Jehovah’s Witnesses. They politicians were reported in which the police threatened to use physical violence and failed to prevent violence. destroy property. Several Jehovah’s Witnesses On 9 June, Gigi Ugulava and Giga Bokeria, reported being harassed and intimidated by leaders of the opposition party United local residents, including receiving death National Movement (UNM), were assaulted threats and having stones thrown at their by members of the Coalition houses. Police issued written warnings to the (GDC) during a pre-election meeting with alleged offenders but did not conduct any voters in the town of Tsageri. According to formal investigation. eyewitnesses, police officers standing nearby In September, residents of the town did not intervene to stop the violence. of Kobuleti, western Georgia, repeatedly On 30 September, the office of the NGO blocked an entry to the local Muslim boarding Free Zone, which was associated with the school and physically prevented staff and UNM, was attacked by about 50 people. schoolchildren from entering the building. Several staff members were injured as the On the first day of the new school year, a pig police failed to arrive promptly despite the was slaughtered at the building entrance and warnings of possible violence. its head was nailed to the door. A criminal investigation was opened. TORTURE AND OTHER ILL-TREATMENT There were several reports of torture and FREEDOM OF ASSEMBLY other ill-treatment of detainees in prison and On 22 October, clashes between the police in police custody. Official investigations were and the local Muslim community broke out in often slow and ineffective. Of the 18 cases of the village of Mokhe, western Georgia, after alleged ill-treatment in prison documented the local authorities began to construct a by the Public Defender (Ombudsman), in library on the site of a derelict building which, just one case an investigation was opened for the Muslim community claimed, was once a charges of ill-treatment. No prosecutions were mosque. Police reportedly insulted and used reported at the end of the year. disproportionate force against protesters, On 15 March, Irakli Kelbakiani reported arresting 14. Several detainees were being forced into a police car, beaten with reportedly beaten, among them a woman who hands and iron bats on his head, face and received serious injuries to her face. Three body, and asphyxiated by police officers. detainees were released the next day without According to the initial incident report, bruises charges while the others were fined 250 lari and other injuries were evident on his arrival (US$140) each by the court in the town of at the police station. Akhaltsikhe. Amiran Dzebisashvili reported that on 31 In May, lesbian, gay, bisexual, transgender October he was forced inside a police car and and intersex activists abandoned plans threatened after he had testified in court that to organize a public action to mark the Vasil Lomsadze was beaten by police officers International Day Against Homophobia and during his arrest on 27 October 2013. Vasil Transphobia (IDAHO) due to the lack of Lomsadze was standing trial for resisting security guarantees by the authorities. In arrest and allegedly attacking police officers 2013, the IDAHO street event was thwarted during this incident. There had been no by a violent attack by thousands of counter- effective investigation into Vasil Lomsadze’s

160 Amnesty International Report 2014/15 allegations of being beaten by police at the hundred refugees were offered resettlement end of the year, despite several eyewitness through a UNHCR programme. In December, accounts and his recorded injuries. Germany also decided to offer resettlement to 500 refugees per year starting in 2015. In VIOLENCE AGAINST WOMEN AND GIRLS September, Serbia, Macedonia and Bosnia At least 25 women and girls were reported and Herzegovina were legally defined as to have been killed as a result of domestic safe countries of origin, which reduced violence. In several cases the victims had opportunities for nationals of these countries previously asked police for protection but had to seek protection. A law was passed allowing not received adequate support. asylum-seekers to move freely within the country after three months of residence and RIGHT TO PRIVACY to have unhindered access to the job market The legislative amendments of 28 November after 15 months. The amended Asylum allowed security agencies to retain direct Seekers Benefit Act, due to enter into force access to communications surveillance in April 2015, fell short of human rights amidst concerns that such an access can standards particularly regarding health care. be misused by the agencies to bypass the judicial oversight for surveillance. TORTURE AND OTHER ILL-TREATMENT The authorities failed to address obstacles in the effective investigation of allegations of ill-treatment by police. None of the federal states established an independent complaints GERMANY mechanism to investigate allegations of serious human rights violations by the Federal Republic of Germany police. Except for the federal states of Berlin, Head of state: Joachim Gauck Brandenburg, Rhineland-Palatinate and Head of government: Angela Merkel Schleswig-Holstein, there was no obligation for police officers to wear identity badges. The National Agency for the Prevention of Humanitarian admission programmes for Torture, Germany’s preventive mechanism 20,000 Syrian refugees were approved. under the Optional Protocol to the UN There were no improvements in the Convention against Torture, remained severely investigation of serious human rights under-resourced, even though there was an violations by police. The National Agency for increase of funds and a doubling of members the Prevention of Torture remained under- for the Joint Commission of the Federal resourced. Discriminatory attacks against States, one of the two constituent bodies asylum-seekers and minorities continued of the Agency. Contrary to international and concerns regarding the investigation standards, the appointment procedure of and prosecution of these crimes remained. the National Agency’s members lacked Human rights criteria for arms exports were independence and transparency and implemented. excluded civil society. Investigations and proceedings for REFUGEES AND ASYLUM-SEEKERS excessive use of force by the Police Between 2013 and 2014, Germany started in relation to the disproportionate use of water three humanitarian admission programmes cannons during demonstrations in the city in for 20,000 Syrian refugees from Syria’s September 2010 continued. neighbouring countries and Egypt. The main In September, the Federal Court of Justice aim was extended family reunification. Three upheld the December 2012 conviction of

Amnesty International Report 2014/15 161 a police officer by the Regional their gender and names. These included Court, which convicted the officer for obtaining a psychiatric diagnosis and an negligent homicide in connection with the expert assessment ordered by courts. These death of Oury Jalloh, who died in a fire in requirements violated transgender people’s a cell in a Dessau police station in 2005. rights to private life and to the highest The circumstances of Oury Jalloh’s death attainable standard of health.1 remained unclear. Also in September, media reports exposed ARMS TRADE the repeated ill-treatment of asylum-seekers In anticipation of more stringent EU by private security personnel in three regulations on surveillance technologies, reception facilities in North Rhine-Westphalia. the Minister of Economic Affairs and Energy ordered stricter controls on exports of DISCRIMINATION surveillance technologies to countries which In August 2013, the ad-hoc federal commit human rights violations. Germany Parliamentary Committee of Inquiry published ratified the UN Arms Trade Treaty in April ground-breaking conclusions regarding the and started implementing articles 6 and 7 on authorities’ failure to investigate a series of human rights criteria for arms exports and murders targeting minorities perpetrated transfers before its entry into force, due on by the far-right group National Socialist 24 December. However, data on arms exports Underground (NSU). In particular, the licensed in 2014, including small arms authorities had failed to co-operate and to components for Saudi Arabia, raised concern. investigate the racist motive of the murders. The Committee recommended reforming CORPORATE ACCOUNTABILITY the Criminal Code and the system used by In November, the Foreign Office, in police to collect data on “politically motivated co-operation with other ministries, business crimes”, which included information on representatives and civil society groups, took hate crimes. steps towards the introduction of a national In August 2014, the government proposed action plan on business and human rights to amending Section 46 of the Criminal Code implement relevant UN guiding principles. to require courts to take into account racist, xenophobic or any other “degrading” motive INTERNATIONAL JUSTICE when deciding sentences. The proposal was The first trial based on the 2002 Code of pending before Parliament at the end of Crimes under International Law against the year. Rwandan citizens Ignace Murwanashyaka In the first half of 2014, according to civil and Straton Musoni continued at Stuttgart society data, there were 155 protests against Higher Regional Court. the establishment of reception facilities for On 18 February, the Frankfurt Higher asylum-seekers, mostly by far-right groups. Regional Court found Rwandan citizen Eighteen attacks against asylum-seekers were Onesphore Rwabukombe guilty of abetting also reported. genocide. In this first German judgement regarding the Rwandan genocide of the Tutsi RIGHTS OF LESBIAN, GAY, BISEXUAL, minority in 1994, Onesphore Rwabukombe TRANSGENDER AND INTERSEX PEOPLE was sentenced to 14 years’ imprisonment for The 1980 Law on Changing First Names aiding the commission of a massacre at the and the Establishment of Sex Status Kiziguro church compound. in Special Cases remained in force, requiring transgender people to comply with mandatory criteria to legally change

162 Amnesty International Report 2014/15 reported to the police-run Domestic Violence 1. The state decides who I am: lack of legal gender recognition for Support Unit in 2013. Although the law transgender people in Europe (EUR 01/001/2014) prohibits domestic violence, victims were not www.amnesty.org/en/library/info/EUR01/001/2014/en provided with adequate protection and legal assistance to lodge complaints with the Unit.

GHANA GREECE Republic of Ghana Head of state and government: John Dramani Hellenic Republic Mahama Head of state: Karolos Papoulias Head of government: Antonis Samaras

Ghana continued to hand down death sentences although an ongoing Allegations of excessive use of force and constitutional review process could lead to ill-treatment by law enforcement officers abolition. Domestic violence against women persisted and continued to be inadequately remained widespread. investigated. Detention conditions remained very poor. The maximum length DEATH PENALTY of administrative detention of irregular Courts continued to hand down death migrants was extended beyond 18 months. sentences. No executions have taken place Unlawful push-backs of migrants across the since 1993. Greece-Turkey border continued. New hate In March the Constitutional Review crime legislation was adopted in September Implementation Committee submitted a draft amid growing concern at the levels of bill to the Attorney General and Minister of racist violence. Justice to amend provisions of the 1992 Constitution; these included a proposal BACKGROUND to abolish the death penalty. The bill was In October the Public Prosecutor proposed expected to be referred back to Parliament for the indictment of 67 members and leaders approval before a referendum is conducted. of Golden Dawn, a far right-wing party, In March, in the case of Dexter Eddie for forming, directing or participating in a Johnson v. Ghana, the UN Human Rights criminal organization. Fifty-seven individuals, Committee condemned the use of automatic including six MPs, were accused of a series of and mandatory death sentences in Ghana. It additional offences, including the murder in called on the government to provide Dexter September 2013 of anti-fascist singer Pavlos Eddie Johnson with an effective remedy, Fyssas, causing “unprovoked bodily harm including the commutation of his death to migrants” and the unlawful possession sentence, and to adjust its legislation to of weapons. avoid similar violations in the future. The In November, anarchist Nikos Romanos, government had not responded by the end of detained at Korydallos prison near the capital, the year. Athens, began a prolonged hunger strike in protest at the refusal of the authorities to allow VIOLENCE AGAINST WOMEN AND GIRLS him educational leave to attend a university Violence against women and girls remained course. He had been imprisoned in October widespread. A total of 16,275 cases were after being convicted along with three other

Amnesty International Report 2014/15 163 men of armed robbery. In February 2013, In September, the National Commission Nikos Romanos and two of the other men on Human Rights criticized the Ministry reported that they were tortured while in of Public Order and Citizen Protection for detention following their arrest in the northern compromising the independence of the town of Veroia. On 10 December, Nikos Asylum Appeals Board by failing to appoint Romanos ended his hunger strike after a any of the candidates it had proposed. legislative amendment was passed allowing Reception conditions for refugees remained prisoners to attend campus courses while of serious concern. At the end of November, wearing electronic tags. between 200 and 250 Syrian refugees, including many women and children, started REFUGEES’ AND MIGRANTS’ RIGHTS a protest and subsequently a hunger strike at Strengthened border controls and greater the Parliament square in Athens requesting co-operation with Turkish border guards the authorities to provide them with shelter contributed to a sharp decline in the number and travel documents. of irregular migrants and asylum-seekers In July, a court in Patras found two entering Greece across its land borders. As foremen guilty of causing serious bodily harm a result, the number attempting to reach by shooting at Bangladeshi migrant workers Greece by sea increased markedly in the on a strawberry farm in Nea Manolada, in first eight months of the year. By the end April 2013, following a dispute over pay of the year more than 103 refugees and and working conditions. The owner of the migrants, including many children, drowned farm and another foreman were acquitted. or were unaccounted for while attempting the At the end of October, the Supreme Court crossing.1 Prosecutor rejected a request made by two There were documented cases of frequent NGOs, the Hellenic League for Human Rights unlawful push-backs of irregular migrants and the Greek Council for Refugees, to annul across the Greece-Turkey border. the verdict because of procedural flaws On 20 January, three women and eight during the investigation and trial. children died when a fishing boat carrying 27 refugees sank near the island of Farmakonisi. DISCRIMINATION Survivors said that the boat sank as Greek Hate crimes coastguards were towing their vessel towards Between October 2011 and January 2014, Turkey during a push-back operation. The the Racist Violence Recording Network survivors also reported that they were stripped recorded more than 350 incidents of racist and beaten after they arrived at Farmakonisi. violence. The Network noted a decrease in The authorities denied that any push-back or organized racist attacks against migrants and ill-treatment had taken place. In August, the an increase in hate crimes against lesbian, Prosecutors of the Pireus Naval Court closed gay, bisexual, transgender and intersex the case following a preliminary investigation. people in 2014. Between January and June, National NGOs continued to document the Police Departments and Offices tackling very poor detention conditions in areas where racist violence recorded 31 incidents with a migrants and asylum-seekers were held possible racist motive. for immigration purposes. Detainees faced The response of the criminal justice considerable obstacles in applying for asylum. system to hate crimes remained inadequate. In March, the Minister of Public Order Investigators continued to fail to investigate authorized the detention of irregular migrants possible hate motives, prosecutors failed pending deportation beyond the 18 months to present such evidence in court, and period allowed under EU law. judges failed to consider racist or other hate

164 Amnesty International Report 2014/15 motives an aggravating circumstance when In November, a court in the town of sentencing offenders. Messolonghi sentenced three men to eight In a unanimous ruling in April, a court in months’ imprisonment with suspension for Athens sentenced two Greek nationals to causing serious bodily harm to Paraskevi life imprisonment after convicting them of Kokoni, a Romani woman, and her nephew stabbing to death S. Luqman, a Pakistani in October 2012. It was not clear whether the national, in January 2013. Despite the trial court took the hate motive into account during prosecutor underlining the racist motive sentencing.2 behind the attack, the court did not take it into account as an aggravating circumstance TORTURE AND OTHER ILL-TREATMENT during sentencing. In October, the European Committee for the A Joint Ministerial Decision, adopted Prevention of Torture issued its report on in June, provided for the suspension of its 2013 visit to Greece. It highlighted the administrative detention and deportation large number of allegations of ill-treatment orders issued against victims and witnesses of of people detained in police and border hate crimes. It also granted special residence guard stations by law enforcement officials permits to cover the time required for the and a number of allegations of verbal abuse, prosecution and conviction of perpetrators. including of a racist nature. The report In September, amendments to hate crime criticized overcrowding, unhygienic conditions legislation were adopted that increased and inadequate health care in Greek prisons. penalties for committing and inciting racist Allegations of torture and other ill-treatment violence, criminalized Holocaust denial and against prisoners, migrants and refugees included sexual orientation, gender identity continued. In March, guards at Nigrita prison and disability among the prohibited grounds in northern Greece reportedly tortured to for discrimination. A proposal that would death Ilia Kareli, an inmate of Albanian have legally recognized same-sex unions nationality. In October, 13 prison guards was rejected. were charged with “aggravated torture that Roma caused death”. Roma families continued to face forced Police used excessive force and misused evictions. Many Roma children were chemical irritants against protesters and excluded from or segregated in education. journalists on several occasions throughout Discriminatory police raids on Roma the year. A large number of the reported settlements continued. abuses took place during two student By the end of the year, 74 Roma families protests, one against a university lock-out living in a settlement in Halandri, Athens, on 13 November, and another during a continued to be at risk of forced eviction. protest for the anniversary of the 1973 Initial plans to evict the families in February students’ uprising on 17 November. Sporadic were postponed following an injunction by the convictions of offending law enforcement UN Human Rights Committee. In September, officers failed to dent the longstanding culture the Halandri municipal authorities sought of impunity for police abuses.3 to demolish 12 homes despite a renewal Despite legislative changes introduced in of the injunction. Following protests by the March extending the mandate of the Office for Roma residents, only five homes, which at Incidents of Arbitrary Conduct to cover racist the time were uninhabited, were demolished. incidents and allowing for the Ombudsman to The Decentralized Administration of Attika attend hearings, concerns remained over its committed to finding an adequate alternative effectiveness and independence. location to resettle the families.

Amnesty International Report 2014/15 165 CONSCIENTIOUS OBJECTORS were on death row and no death sentences The arrests and convictions of conscientious were handed down during the year. objectors continued during the year. At least four conscientious objectors were convicted BACKGROUND for insubordination and received suspended Street gangs and drug trafficking cartels prison sentences. Six individuals refusing contributed to a precarious public security to serve both the military and the punitive situation. The authorities reported over 5,000 alternative service were also arrested and homicides committed during the year. detained for short periods. In June, the former National Director of Police, Erwin Sperisen, was convicted in FREEDOM OF EXPRESSION Switzerland for his role in the extrajudicial In January, an Athens court convicted a execution of seven unarmed prisoners during blogger of “religious insult”. His 10-month a police operation in the El Pavón prison prison sentence was suspended on appeal. in 2006. The blogger had set up a Facebook page on which he satirized an orthodox monk who VIOLENCE AGAINST WOMEN AND GIRLS had died. Local human rights organizations reported over 500 killings of women during the year. In May the Inter-American Court of Human 1. Greece: Frontier of hope and fear – migrants and refugees pushed Rights ruled against Guatemala in the case back at Europe’s border (EUR 25/004/2014) of María Isabel Franco, who was sexually www.amnesty.org/en/library/info/EUR25/004/2014/en assaulted, tortured and murdered in 2001, 2. We ask for justice: Europe’s failure to protect Roma from Racist at the age of 15. The Court concluded that Violence (EUR 01/007/2014) Guatemala had acted in a discriminatory www.amnesty.org/en/library/info/EUR01/007/2014/en manner due to María Isabel’s gender, and 3. A law unto themselves: A culture of abuse and impunity in the Greek that in the context of pervasive violence police (EUR 25/005/2014) against women, the authorities had not acted www.amnesty.org/en/library/info/EUR25/005/2014/en promptly when María Isabel’s mother alerted the police of her daughter’s disappearance.

IMPUNITY The right to truth, justice and reparation for GUATEMALA victims of crimes against humanity during the internal armed conflict (1960 to 1996) Republic of Guatemala remained a concern. Former President Efraín Head of state and government: Otto Pérez Molina Ríos Montt was convicted in May 2013 of committing genocide and crimes against humanity against members of Maya-Ixil Impunity continued for genocide, war crimes Indigenous community during his presidency. and crimes against humanity carried out The Constitutional Court overturned his during the internal armed conflict between conviction 10 days later on a technicality. He 1960 and 1996. Violence against women had yet to be retried by the end of 2014. and girls remained a concern. People In February, the Attorney General’s term protesting over hydroelectric and mining was cut short by the Constitutional Court. projects were subject to forced evictions and There were concerns that her removal was excessive use of force by the security forces. the result of her role in ensuring that former Guatemala retained the death penalty in law President Ríos Montt was brought to trial, and for ordinary crimes. However, no prisoners her commitment to investigate human rights

166 Amnesty International Report 2014/15 violations that occurred during the internal from the community of Monte Olivo, Alta armed conflict. Verapaz department were killed. They were In May, Congress passed a non-binding reportedly shot by police officers during the resolution stating that genocide had not forced eviction of a community opposed to occurred during the internal armed conflict. the construction of a hydroelectric project in The resolution directly contradicted a the area. By the end of the year nobody had 1999 UN investigation which concluded been held to account for their deaths. that genocide, war crimes and crimes against humanity had occurred during the HUMAN RIGHTS DEFENDERS internal armed conflict, in which 200,000 Attacks, threats and intimidation against people were killed and 45,000 people were human rights defenders and journalists forcibly disappeared. Over 80% of those continued during the year. killed and disappeared were of Indigenous In August, Gustavo Illescas, a journalist Maya ethnicity. with the Independent Media Centre in In July, Fermín Solano Barrillas, a former Guatemala, was threatened after he reported member of the armed opposition during the on police violence during the forced eviction internal armed conflict, was sentenced to 90 in Monte Olivo (see above). A colleague was years in prison for directing the massacre detained by masked men and told to convey of 22 people in 1988, in El Aguacate, a threatening message to Gustavo Illescas. Chimaltenango department. The colleague was also beaten and sexually assaulted. By the end of the year nobody had LAND DISPUTES been held to account for his ill-treatment or Fearing impacts on their livelihoods, for the threats against Gustavo Illescas. communities continued to oppose existing and proposed hydroelectric and mining projects, and protested against the lack of consultation around these projects. In May 2013, in response to this GUINEA opposition, the government proposed a moratorium on the issuing of new Republic of Guinea mining licences. Yet concerns remained Head of state: Alpha Condé that the proposed legislation to approve Head of government: Mohamed Said Fofana mining licences fell short of international standards and did not address Indigenous and rural communities’ concerns around One of the largest Ebola Virus Disease lack of consultation and free, prior and outbreaks since the virus was discovered informed consent. in 1976 hit the country; many essential In May, local activists occupying a mining provisions remained lacking. Security forces site in San José del Golfo, Guatemala regularly used excessive force against department, were forcibly removed by the civilians. Journalists were subjected to police. The Office of UN High Commissioner intimidation. Concerns about poor and for Human Rights expressed concern at the inhumane conditions of detention, and use of excessive force by the security forces torture and other ill-treatment of detainees, during their removal. were highlighted by the UN Committee In June, local communities protested against Torture and the UN Office of the against the proposed construction of the High Commissioner for Human Rights Xalalá hydroelectric dam in Alta Verapaz and (OHCHR). At the end of the year, a Quiché departments. In August, three people preliminary examination by the Prosecutor

Amnesty International Report 2014/15 167 of the International Criminal Court (ICC) demonstration of women with tear gas, batons remained open from 2009. and gunshots. The women were protesting against the hiring policy of a palm oil and BACKGROUND rubber production company. One of the worst Ebola outbreaks emerged Four people were reportedly shot dead in Guinea, quickly spreading to neighbouring in March during a demonstration in Diécké. countries. By the end of the year, more than They included a student, Mathieu Maomy. No 1,700 people had died, including at least 70 investigation had been opened by the end of health workers. the year. Legislative elections took place in September 2013 after repeated delays. TORTURE AND OTHER ILL-TREATMENT Violence between members of opposing Torture and other ill-treatment were political parties erupted both before and widespread in detention centres throughout after the elections. International observers 2013 and 2014, resulting in at least one reported voting irregularities. The Supreme death in custody. Security forces continued to Court validated the results nearly two months act with impunity. later, resulting in protests and allegations of The UN Committee against Torture fraud. Prime Minister Fofana was reappointed recommended in its Concluding Observations in January 2014 and a new government was that Guinea should conduct thorough, installed. The National Assembly convened independent and impartial investigations for the first time in 2014 under President without delay into all allegations of torture Kory Kondiano. and ill-treatment. In addition the Committee urged Guinea to eliminate the practice INTERNATIONAL SCRUTINY of female genital mutilation. The OHCHR The UN Committee against Torture and the documented cases of torture in the regions OHCHR reviewed Guinea’s human rights of Haute Guinée and Guinée Forestière, record. The OHCHR reported that detainees and urged the government to adopt a law and prisoners were held in squalid and prohibiting torture and to investigate torture in overcrowded facilities that fell far short of detention facilities. international standards. In some cases minors were detained with adults and there DEATHS IN CUSTODY were no prisons specifically for women. In February, Sylla died in hospital from The OHCHR also documented 11 cases of his injuries after being beaten by police while death in detention due to lack of medical resisting arrest in Fria. He had been arrested care. The Committee raised concerns along with three others for consuming Indian about recent cases of torture, as well as hemp. The following day, hundreds of people detention conditions, confessions extracted protested by attacking the police station, the under torture, and impunity for perpetrators mayor’s office and the local prison, resulting of torture. in the escape of at least 20 prisoners.

EXCESSIVE USE OF FORCE FREEDOM OF EXPRESSION Security forces (police and the gendarmerie) There were continued restrictions on press continued to use excessive force against freedom and journalists were targeted. civilians in the capital, Conakry, and other In September, police in Guinée Forestière towns, as well as in the southeastern forest confiscated the cameras of journalists region of Guinée Forestière. and human rights defenders who were In March, security forces in Guinée investigating the killings of eight men who had Forestière dispersed a peaceful been attacked by the local population during

168 Amnesty International Report 2014/15 an Ebola awareness campaign. The cameras committees were eventually organized were returned the following day with all the to co-ordinate provision of care and material deleted. communication, many essential resources remained lacking. IMPUNITY In September, during an awareness- Investigations continued into the massacre raising campaign by humanitarian workers in in the Grand Stade de Conakry on 28 Womey, N’Zérékoré region, eight members September 2009, when security forces killed of the delegation, including health workers, more than 100 peaceful demonstrators and a journalist and members of a local radio injured at least 1,500 others. Dozens of station, were killed by villagers who suspected women were raped and others disappeared. them of carrying the virus. Also in September, Moussa Dadis Camara, then head of the two members of the Guinean Red Cross were military junta, was questioned in Burkina forced to flee the town of Forécariah when Faso in July. people threw rocks at their vehicle after the No progress was made towards bringing to corpse of a woman which the health workers trial gendarmes and police officers suspected were carrying fell from a body bag. of criminal responsibility for torturing detainees in 2011 and 2012. Between 2011 and the end of 2014, in Conakry and Fria, only seven officers were summoned to court by an investigating judge. They all failed to GUINEA-BISSAU appear at their hearing, despite the legal obligation to do so. Republic of Guinea-Bissau Head of state: José Mário Vaz (replaced Manuel INTERNATIONAL JUSTICE Serifo Nhamadjo in June) Since 2009 Guinea has remained under Head of government: Domingos Simões Pereira preliminary investigation by the Prosecutor (replaced Rui Duarte de Barros in July) of the ICC for crimes committed on 28 September 2009 and in the aftermath of the massacre. The Office of the Prosecutor Persistent political tensions and human concluded that there were reasonable rights violations eased following elections grounds to believe that these amounted in April and the setting up of a new to crimes against humanity, including government in July. Impunity for past murder, torture, rape and other forms of human rights violations, including political sexual violence, persecution and enforced killings in 2009, persisted. Social tension disappearances. A delegation from the decreased following the resumption of Office of the Prosecutor visited Guinea in international aid and the payment of arrears February 2014 and noted that investigations on some public sector salaries. had advanced, but not sufficiently. In June, Sékouba Konaté, then Minister of BACKGROUND Defence, submitted a list of suspects to the After several postponements, parliamentary ICC Prosecutor. and presidential elections were finally held in April. The African Party for the Independence RIGHT TO HEALTH – EBOLA OUTBREAK of Guinea-Bissau and Cape Verde (PAIGC) Delayed responses by the government and won the parliamentary election. Presidential the international community reportedly elections were won by José Mário Vaz of the contributed to the rapid spread of the PAIGC, with 61% of the vote. epidemic. Although Ebola response

Amnesty International Report 2014/15 169 Sanctions imposed by the international IMPUNITY community following a coup in April 2012 By the end of the year, no one had been were lifted in July and international aid held accountable for human rights violations resumed. The new government began committed in the context of the 2012 coup, paying salary arrears to public servants, nor for the political killings that had occurred which reduced social tension and the threat since 2009. of strikes. In September, the UN Security Council JUSTICE SYSTEM extended the mandate of the UN Integrated A law against domestic violence which was Peace-Building Office in Guinea-Bissau promulgated in January, had not come into until November. effect by the end of the year. Also in September, President Vaz Nine people accused of an attack on a dismissed the Chief-of-Staff of the Armed military base in Bissau in October 2012 Forces, General António Indjai, who led the and convicted in March 2013 after an April 2012 coup. unfair trial by a military court were released in September 2014. Three were released POLICE AND SECURITY FORCES following an appeal to the High Military Court, Although the election campaign was largely which accepted that there was no evidence peaceful, there were some reports of threats, of their participation in the attack. The beatings and abduction of politicians by remaining six were released two weeks later security forces in the pre-election period, following a presidential pardon. apparently intended to coerce support for certain presidential candidates. In February, WOMEN’S RIGHTS the president and another leading member of In February, the UN Special Rapporteur on the political party People’s Manifest publicly extreme poverty and human rights visited stated that they had received death threats, Guinea-Bissau and found that gender which they attributed to the security services. inequality and discrimination were the main In March, security personnel abducted factors underlying poverty. She attributed Mário Fambé, a leading member of the Social the high maternal mortality rate to the fact Renewal Party, in the capital, Bissau, and that 60% of pregnant women did not receive took him to the Navy Headquarters where adequate ante-natal care. In August the new they beat him to persuade him to support government introduced free medical care for their favoured candidate. He sustained children under five years of age, pregnant serious injuries. The following day, soldiers women and the elderly. took him to the Military Hospital for treatment and released him. The day before the second round of presidential elections in May, some 12 members of the PAIGC were beaten by GUYANA security officers in two separate incidents in Bissau and in the northern town of Co-operative Republic of Guyana Bafata. They included some newly elected Head of state and government: Donald Ramotar parliamentarians and at least two women. There were no investigations into these incidents. Police ill-treatment remained a concern. Violence against women and girls was also a concern, and conviction rates for sexual offences remained low.

170 Amnesty International Report 2014/15 BACKGROUND Implementation of the Sexual Offences Act, Following commitments made during enacted in February 2013, and the National Guyana’s UN Universal Periodic Review Domestic Violence Policy, launched in June (UPR) in 2010, the government finally began 2008, remained very slow. Concerns were public consultations on corporal punishment raised by women’s rights advocates that there in schools. However, consultations into the was no political will to fully implement either abolition of the death penalty, the repeal of act. For example, judicial, law enforcement legislation criminalizing consensual same- and health officials had not received sufficient sex relations, and discrimination against training on the new acts, and the public LGBTI people, to which the government also had not been sufficiently made aware of the committed in 2010, had yet to begin by the important changes to protect the lives of end of the year. women and girls that came into force with Following a vote of no confidence by the enactment of these laws. A National Plan the opposition in August, in November the for the Prevention of Sexual Violence had President announced a suspension of the yet to be drafted, despite the new legislation National Assembly for up to six months, stipulating its creation. citing among other things the urgent need to address “issues relating to economic growth”. FREEDOM OF EXPRESSION In November, the Inter-American Commission TORTURE AND OTHER ILL-TREATMENT on Human Rights requested precautionary Colwyn Harding alleged that he was measures on behalf of staff at the newspaper sodomized with a police baton during his Kaieteur News after they received threats. arrest by police on 15 November 2013 in Timehri. On 2 June 2014, two police officers RIGHTS OF LESBIAN, GAY, BISEXUAL, were charged with causing actual bodily TRANSGENDER AND INTERSEX PEOPLE harm, and one of them was also charged with Consensual sex between men remained common assault. criminalized. There were continuing reports On 30 April, 15-year-old Alex Griffith was of discrimination against LGBTI persons, allegedly shot in the mouth by a police officer particularly transgender persons. playing “Russian roulette” with his firearm. Four transgender individuals were fired The police officer was investigating an upon from a passing vehicle on the night armed robbery allegedly committed against of 7 April in central Georgetown. According a member of the officer’s family. The officer to reports, the police refused to take their was charged in June with unlawful assault complaint, and Georgetown Public Hospital and discharging a firearm with intent to maim. refused to treat them. Both cases were still before the courts at the end of the year. DEATH PENALTY In December, Guyana voted for the fifth VIOLENCE AGAINST WOMEN AND GIRLS time against a UN resolution to establish Physical and sexual violence against women a moratorium on executions, despite the and girls remained a concern. According promise to hold a national consultation on to reports, more than 140 cases of rape the issue. had been reported to the police by early September. Conviction rates for sexual offences remained low. The Ministry of Legal Affairs stated in April that there had been no conviction for sexual offences in any of the 22 cases heard in 2012 and 2013.

Amnesty International Report 2014/15 171 responsibility for introducing the disease into HAITI Haiti in 2010 was pending before a US court at the end of 2014. Republic of Haiti Following the establishment of the Inter- Head of state: Michel Joseph Martelly Ministerial Committee on human rights, a Head of government: Laurent Salvador Lamothe number of international and regional human (resigned on 14 December) rights conventions were signed or ratified. In October, the UN Human Rights Committee examined Haiti’s initial report.1 More than 80,000 people made homeless by the January 2010 earthquake remained INTERNALLY DISPLACED PEOPLE displaced. The authorities failed to establish At the end of September, more than 80,000 durable measures to prevent forced people made homeless by the January 2010 evictions. Concerns remained over the earthquake were still living in 123 makeshift overall lack of independence of the justice camps. Most of the displaced people who system. Several human rights defenders left the camps did so either spontaneously were threatened and attacked. or after being allocated one-year rental subsidies. Following his visit to Haiti in BACKGROUND July, the UN Special Rapporteur on the Long-overdue local and legislative elections human rights of internally displaced persons for a third of seats in the Senate had not highlighted the fact that, although there had taken place by the end of 2014. This was been a significant reduction in the number largely due to disagreements between the of displaced people living in camps since government and parliament over the electoral July 2010, the majority of people who left the council, as a result of which six senators camps did not benefit from durable solutions. refused to vote for the proposed reform of the electoral law. On 14 December, the HOUSING RIGHTS – FORCED EVICTIONS Prime Minister resigned after a consultative There were fewer forced evictions from commission appointed by the President displacement camps and other informal had recommended his resignation among a settlements in 2014 compared with previous number of measures to be taken to appease years. However, the authorities failed to tensions. Concerns remained at the end of provide remedies to victims of forced the year over the country’s political stability, eviction2 and did not put in place sustainable as the terms of another third of the Senate measures to avoid forced evictions in the and all members of the House of Deputies future.3 were due to expire in mid-January 2015. At the end of May, hundreds of families In October, the UN Security Council were made homeless after the government renewed the mandate of the UN Stabilization ordered the demolition of buildings in the Mission in Haiti (MINUSTAH) for an 11th year centre of the capital, Port-au-Prince. The vast and recommended a radical reduction of its majority of affected people did not receive military component. adequate notice of the demolition and only a Although a significant reduction in the tiny minority of house owners had received number of cases was reported in the first half compensation at the time of the demolition. of 2014, the cholera epidemic persisted. At least 8,573 people died of cholera between VIOLENCE AGAINST WOMEN AND GIRLS October 2010 and July 2014. A lawsuit filed According to women’s rights organizations, in October 2013 by Haitian and US human violence against women and girls remained rights groups against the UN for its alleged widespread. The government failed to publish

172 Amnesty International Report 2014/15 consolidated statistics on gender-based Bertrand Aristide issued an arrest warrant violence. A bill on the prevention, prosecution against him after he failed to appear to and eradication of violence against women answer a summons issued the previous drafted in 2011 in collaboration with women’s day. In September, the same judge ordered rights groups had still not been introduced that Jean-Bertrand Aristide be put under in parliament by the end of 2014. Haitian house arrest. The Port-au-Prince Bar human rights organizations reported that, Association and several Haitian human rights although the number of trials and convictions organizations challenged the legality of these in cases of sexual violence had increased, decisions, which were widely considered to these represented a tiny fraction of the be politically motivated. reported cases. HUMAN RIGHTS DEFENDERS IMPUNITY Several human rights defenders were In February, the Port-au-Prince Court of attacked, threatened and harassed because Appeal reversed a 2012 decision by an of their legitimate human rights work.5 In the investigative judge that former President vast majority of cases, the authorities failed to Jean-Claude Duvalier could not be carry out thorough and prompt investigations prosecuted for crimes against humanity. or to provide effective protection measures. The Court appointed one of its sitting judges to investigate the allegations of crimes RIGHTS OF LESBIAN, GAY, BISEXUAL, against humanity involving Jean-Claude TRANSGENDER AND INTERSEX PEOPLE Duvalier among others. However, the failure A number of verbal and physical attacks to provide additional resources to the judge against LGBTI people were reported or to disclose official documents which during the year, most of which were not could be useful in the proceedings fuelled thoroughly investigated. According to LGBTI concerns about the capacity of the Haitian rights organizations, police officers were justice system to provide effective remedies often reluctant to intervene in these cases to the victims of past human rights violations. and their responses to victims revealed Following the death of Jean-Claude Duvalier deeply discriminatory attitudes towards in October, national and international human LGBTI people. rights organizations called on the authorities Nobody was brought to justice for attacks to continue the legal proceedings against his against LGBTI people during and after former collaborators.4 country-wide marches against LGBTI rights in mid-2013. JUSTICE SYSTEM Concerns remained about the overall lack of independence of the justice system. The 1. Haiti: Submission to the UN Human Rights Committee: 112th Session High Council of the Judiciary, an institution of the UN Human Rights Committee , 7-31 October 2014 (AMR considered key for the reform of the justice 36/012/2014) system, only started the process of vetting www.amnesty.org/en/library/info/AMR36/012/2014/en existing judges towards the end of the year. 2. Haiti: Families at imminent risk of forced eviction (AMR 36/007/2014) The failure to fill several judicial vacancies www.amnesty.org/en/library/info/AMR36/007/2014/en exacerbated the problem of prolonged pre- 3. Haiti must take immediate action to prevent forced evictions and trial detention. At the end of June, pre-trial relocate internally displaced persons: Amnesty International oral detainees accounted for more than 70% of statement to the 25th Session of the UN Human Rights Council (AMR the prison population. 36/008/2014) In August, a judge investigating corruption www.amnesty.org/en/library/info/AMR36/008/2014/en charges against former President Jean-

Amnesty International Report 2014/15 173 4. Haiti: The truth must not die with Jean-Claude Duvalier (Press of society; more than 60% of the population release) were living in poverty and more than 40% in www.amnesty.org/press-releases/2014/10/haiti-truth-must-not-die- extreme poverty. jean-claude-duvalier/ 5. Haiti: Activists fighting for justice threatened (AMR 36/011/2014) POLICE AND SECURITY FORCES www.amnesty.org/en/library/info/AMR36/011/2014/en In response to the high levels of crime and Haiti: Women’s human rights defenders threatened (AMR to the weakness, lack of credibility and 36/010/2014) widespread corruption of the National Police www.amnesty.org/en/library/info/AMR36/010/2014/en Force, some policing functions continued to Haiti: Fear for safety of human rights defender: Pierre Espérance be undertaken by the military and special (AMR 36/009/2014) groups including the Inter-institutional www.amnesty.org/en/library/info/AMR36/009/2014/en Security Force (Fuerza de Seguridad Interinstitucional – Fusina) created in 2014, and the TIGRES Unit (Investigation Troop and Security Special Response Group) and Public Order Military Police (Policía Militar HONDURAS de Orden Público), both created in 2013. Concerns were raised that these groups Republic of Honduras were not adequately trained in the respect Head of state and government: Juan Orlando and protection of human rights, following a Hernández Alvarado (Replaced Porfirio Lobo Sosa number of cases of human rights violations in January) committed during the exercise of policing functions in previous years. Honduras also experienced a proliferation Human rights violations and abuses against of firearms and of private security companies. human rights defenders, journalists, women It was legally permitted to possess and carry and girls, LGBTI people, Indigenous, Afro- up to five firearms, and given the high levels descendant and campesino (peasant farmer) of insecurity, many people carried firearms communities continued to be a serious to protect themselves. Following a visit in concern. These violations took place in a 2013, the UN Working Group on the use context where impunity for human rights of mercenaries stated that private security violations and abuses was endemic and companies were committing abuses with the where levels of organized and common permission or participation of the police and crime were high. the military, and with impunity.

BACKGROUND JUSTICE SYSTEM President Juan Orlando Hernández was The Attorney General’s Office continued sworn in on 27 January with a four- to be overwhelmed by the high levels of year mandate. His commitment to the violence and crime in the country. In April implementation of the Public Policy and 2013, the then Attorney General stated that National Plan of Action on Human Rights, the Public Prosecution Service only had the adopted in 2013, had yet to be reflected in capacity to investigate 20% of the country’s specific policies, measures and actions at the homicides. The Attorney General and his end of the year. deputy were subsequently suspended and According to UN figures, Honduras had the then removed from their posts. New officials world’s highest homicide rate. Poverty and were elected to these posts; however, human extreme poverty continued to undermine the rights organizations described the election realization of human rights for large sectors

174 Amnesty International Report 2014/15 as unconstitutional, biased and lacking in Garífuna leaders faced fabricated criminal transparency. charges and were the target of attacks and intimidation in reprisal for their work HUMAN RIGHTS DEFENDERS in defence of human rights. On 17 July, Scores of human rights defenders, including members of a Garífuna community in north- Indigenous and campesino leaders, LGBTI eastern Honduras, including human rights activists, justice officials and journalists defender Miriam Miranda, were temporarily were victims of human rights violations. abducted by armed men after discovering an They suffered killings, physical violence, illegal runway used by drug traffickers on the kidnapping, threats, harassment and community’s territory.4 verbal attacks. On 24 February, Mario Argeñal became LAND DISPUTES the target of intimidation and harassment for Longstanding land disputes between peasant demanding justice from the authorities for the communities and powerful landowners death of his brother, journalist Carlos Argeñal, were one of the underlying causes of the who was shot dead at his home in Danlí, high levels of violence faced by campesino department of El Paraíso on 7 December communities, such as in the region of 2013.1 Bajo Aguán. In August, the Inter-American On 4 June, a member of the Committee of Commission on Human Rights expressed the Families of the Detained and Disappeared serious concerns about the situation in Bajo in Honduras (COFADEH) was kidnapped in Aguán following a series of violent evictions Tegucigalpa for two hours; she was physically as well as threats against and arrests of attacked, almost strangled with a cable and various campesino leaders, who had been robbed before being released.2 beneficiaries of precautionary measures On 27 August, prominent campesino granted by the Commission in May. leader Margarita Murillo was shot dead in the community of El Planón, north western VIOLENCE AGAINST WOMEN Honduras.3 Violence against women and girls was rife. In June, Congress discussed the first draft Civil society groups reported 636 femicides of the Law to Protect Journalists, Human in 2013, the highest number since 2005. Rights Defenders and Justice System Since 2013, the Honduran Criminal Code has Workers. In August, following national and recognized the crime of femicide. Between international pressure, the draft law was December 2013 and January 2014 there was finally shared with civil society. The law was a wave of killings of women sex workers in yet to be approved at the end of the year, as San Pedro Sula city, northern Honduras.5 was a mechanism for the effective protection Abortion continued to be banned in all of those at risk. circumstances. The government had yet to re-establish the legality of the emergency INDIGENOUS PEOPLES AND AFRO- contraceptive pill, which had been prohibited DESCENDANT COMMUNITIES in 2009 by decree (Acuerdo Ministerial) Indigenous Peoples and Garífuna (Afro- under the then de facto authorities. descendant) communities continued to face discrimination and inequality, including in relation to their rights to land, housing, water, 1. Honduras: Further information - brother of killed journalist at risk health and education. Large-scale projects (AMR 37/004/2014) continued to be carried out on their lands www.amnesty.org/en/library/info/AMR37/004/2014/en without their consultation or their free, prior and informed consent. Indigenous and

Amnesty International Report 2014/15 175 2. Honduras: Surveillance and attacks on human rights NGO (AMR Prime Minister’s cabinet alleged that Norway 37/007/2014) Grants – a government-backed funding www.amnesty.org/en/library/info/AMR37/007/2014/en vehicle for social cohesion projects in 16 3. Campesino leader shot dead in Honduras (AMR 37/010/2014) EU member states – was financing groups www.amnesty.org/es/library/info/AMR37/010/2014/es linked to opposition parties. The Norwegian 4. Afro-descendant community at risk in Honduras (AMR 37/009/2014) government and the NGOs in question www.amnesty.org/en/library/info/AMR37/009/2014/en dismissed the allegations. 5. Sex workers targeted and killed in Honduras (AMR 37/001/2014) In June, the Prime Minister’s Office ordered www.amnesty.org/en/library/info/AMR37/001/2014/en the Hungarian Government Control Office (KEHI) to carry out an audit of NGOs involved in distributing and receiving the European Economic Area (EEA)/Norway Grants. The Norwegian government and the NGOs in HUNGARY question strongly contested the legality of the audit, as the funds were not part of the Hungary Hungarian state budget and the authority to Head of state: János Áder conduct or order audits of the grants resided Head of government: Viktor Orbán with a Financial Mechanism Office in Brussels under bilateral agreements between Hungary and Norway. The government launched smear campaigns In July, the Council of Europe against several NGOs for alleged funding Commissioner for Human Rights denounced irregularities and ordered audits of the government’s “stigmatizing rhetoric… their accounts. Roma continued to face questioning the legitimacy of NGOs”. The discrimination in access to health care, Hungarian authorities continued with their housing, and by law enforcement agencies. allegations against NGOs. In a speech in The European Court of Human Rights ruled July the Prime Minister referred to the NGOs that the obligatory re-registration of religious involved with the Norway Grants as “paid organizations violated the right to freedom political activists who are attempting to of religion. enforce foreign interests here in Hungary”. On 8 September, police raided the offices BACKGROUND of Ökotárs and Demnet, two of the NGOs In general elections in April, the ruling Fidesz responsible for the distribution of the Norway party secured a two-thirds parliamentary Grants. Their files and computer servers majority with 45% of the vote. The OSCE were confiscated. The basis of the police criticized the government for amending investigation was reportedly allegations of electoral legislation and noted that this and mismanagement of the funds.2 other legislation, including the Constitution, Also in September, the KEHI initiated had been amended using procedures that procedures to suspend the tax numbers of circumvented the requirement for public the four NGOs involved in the distribution of consultation and debate. Norway Grants, alleging non-co-operation with the government-imposed audit. The NGOs FREEDOM OF ASSOCIATION – NGOS denied the allegations. The government adopted an increasingly In October, the KEHI released a report hostile attitude towards critical civil society based on its audit, and announced it would groups and NGOs, which they accused of seek criminal sanctions against several NGOs. acting in the pay and interests of foreign In December, the suspension of the tax governments.1 In April 2014, the Chief of the numbers entered into force in the case of at

176 Amnesty International Report 2014/15 least one of the NGOs in question. The NGOs members. The European Court ruled that aimed to challenge the suspension in a court the government should reach an agreement of law. with the churches on the restoration of their In July, the first instance court held that the registration and on just compensation for spokesperson of the Fidesz party damaged any damages. the reputation of an NGO, the Hungarian Helsinki Committee, when he claimed that REFUGEES AND ASYLUM-SEEKERS it was paid by “American speculators… to Asylum-seekers were frequently detained attack the Hungarian government”. The pending the determination of their claims. spokesperson appealed against the decision. In a report published in May, the Hungarian Helsinki Committee (HHC) stated that 40% of DISCRIMINATION – ROMA male first-time asylum-seekers were detained Roma were subjected to ethnic profiling and and that the judicial review of asylum disproportionately targeted by the police for detention was ineffective. In September, the minor administrative offences. In September, HHC reported that in 2013 it observed 262 the UN Committee on the Rights of the Child cases of expelled or returned individuals noted that Roma continued to be denied trying to enter Hungary through the Serbian- health services, including emergency aid Hungarian border. services, and were discriminated against by In September, the UN Committee on health practitioners. the Rights of the Child criticized Hungary About 450 residents of the predominantly for holding children seeking asylum and Roma neighbourhood known as Numbered unaccompanied migrant children in Streets, in the city of Miskolc, were put administrative detention. at risk of forced eviction and possible homelessness.3 In May, the local government TORTURE AND OTHER ILL-TREATMENT adopted a decree declaring the houses in In May, the European Court of Human Rights the neighbourhood “old and inadequate” ruled that the possibility of life imprisonment and announced that the tenancy agreements without parole – a provision included in would be terminated. The municipality stated the Constitution of Hungary adopted in that “there was no place for slums” in the city 2011 – amounted to an inhuman and and that its plans to demolish the buildings degrading punishment. were supported by 35,000 individuals who signed the petition calling for an eviction. In August, the municipality evicted two 1. Hungary: Stop targeting NGOs (EUR 27/002/2014) families; approximately 50 other families www.amnesty.org/download/Documents/8000/eur270022014en.pdf were expecting eviction notices at the end of 2. Hungarian government must end its intimidation of NGOs (EUR the year. 27/004/2014) www.amnesty.eu/content/assets/Doc2014/eur270042014en.pdf FREEDOM OF RELIGION 3. Hungary: Mayor of Miskolc must halt evictions of Roma (Press In September, the Grand Chamber of the Release) (EUR 27/003/2014) European Court of Human Rights upheld a www.amnesty.eu/en/news/press-releases/eu/hungary-mayor-of- decision that Hungary violated the right to miskolc-must-halt-evictions-of-roma-0771/#.VGowKvmsXu0 freedom of religion when it adopted a law in 2011 that required all recognized churches and religious organizations to re-register. The law only allowed them to do so if they could prove that they had existed in Hungary for at least 20 years and had at least 1,000

Amnesty International Report 2014/15 177 ARBITRARY ARRESTS AND DETENTIONS INDIA Arbitrary arrests and detentions of protesters, journalists and human rights Republic of India defenders persisted. National Human Head of state: Pranab Mukherjee Rights Commission data indicated that 123 Head of government: (replaced illegal arrests and 203 cases of unlawful Manmohan Singh in May) detention were reported from April to July. The authorities used laws authorizing administrative detention to detain journalists Impunity was widespread for human rights and human rights defenders in custody abuses by state and non-state actors. under executive orders without charge or trial. Despite progressive legal reform and court Adivasi villagers in Maoist-affected areas in rulings, state authorities often failed to central India also remained at risk of being prevent and at times committed crimes arbitrarily arrested and detained. against Indian citizens, including children, “Anti-terror” laws such as the Unlawful women, Dalits and Adivasi (Indigenous) Activities (Prevention) Act, which did not people. Arbitrary arrest and detention, meet international human rights standards, torture and extrajudicial executions often were also used. In May, the Supreme Court went unpunished. The overburdened and acquitted six men convicted under anti-terror underfunded criminal justice system laws for attacking the Akshardham temple contributed to justice being denied to those in Gujarat in 2002, ruling that there was no who suffered abuses, and to violations of evidence against them and the investigation the fair trial rights of the accused. Violence had been incompetent. by armed groups in Jammu and Kashmir, northeastern states and areas where Maoist ABUSES BY ARMED GROUPS forces operated continued to put civilians Human rights abuses by armed groups at risk. were reported in various regions, including Jammu and Kashmir, north-eastern states BACKGROUND and central India. Armed groups killed and National elections in May saw a government injured civilians and destroyed property in led by the Bharatiya Janata Party come indiscriminate and at times targeted attacks. to power with a landslide victory. Prime Their actions also displaced people. Clashes Minister Narendra Modi, who campaigned between security forces and armed Maoist on promises of good governance and groups led to several civilian deaths. development for all, made commitments In the lead-up to national elections in to improve access to financial services May, armed groups allegedly killed local and sanitation for people living in poverty. government officials and electoral officials However, the government took steps in Jammu and Kashmir, Jharkhand and towards reducing requirements to consult Chhattisgarh states, in order to intimidate with communities affected by corporate- voters and disrupt elections. led projects. The authorities continued In January and May, armed groups in to violate people’s rights to privacy and Assam were accused of killing dozens freedom of expression. There was a rise in of Muslims, and in December, they were communal violence in Uttar Pradesh and accused of killing scores of Adivasis. some other states, and corruption, caste- Armed groups in other north-eastern states based discrimination and caste violence were also accused of targeting civilians, remained pervasive. instigating violence and causing large-scale displacement.

178 Amnesty International Report 2014/15 CHILDREN'S RIGHTS people, mainly Muslims, remained displaced In August, the government introduced a bill to at the end of the year. Parliament seeking to amend juvenile justice November marked the 30th anniversary laws to allow for children aged between 16 of violence in Delhi in 1984 which led to the and 18 to be prosecuted and punished as massacre of thousands of Sikhs. Hundreds adults in cases of serious crimes. India’s of criminal cases closed by the police citing official child rights and mental health lack of evidence were not reopened, despite institutions opposed the move. large public demonstrations seeking an end Protests over the rape of a six-year-old girl to impunity. in a school in Bangalore in July drew attention Progress in investigations and trials to the inadequate enforcement of laws on in cases related to the 2002 violence in child sexual abuse. Gujarat, which killed at least 2,000 people, Incidents of corporal punishment were mostly Muslims, continued to be slow. In reported from several states, despite its November, the Nanavati-Mehta Commission, prohibition under law. Laws requiring private appointed in 2002 to investigate the violence, schools to reserve 25% of places at the entry submitted its final report to the Gujarat state level for children from disadvantaged families government. The report was not made public. were poorly implemented. Dalit and Adivasi Ethnic clashes over the disputed - children continued to face discrimination Assam border in August resulted in the in school. deaths of 10 people and the displacement In June, the UN Committee on the Rights of over 10,000. Caste-based violence was of the Child expressed concern about the also reported in several states including Uttar disparity in access to education, health care, Pradesh, Bihar, Karnataka and Tamil Nadu. safe water and sanitation among different groups of children. and child CORPORATE ACCOUNTABILITY trafficking remained serious issues. In In September, the Supreme Court cancelled October, Kailash Satyarthi, a children‘s rights over 200 coal mining licences which it said campaigner who works on these issues, was were granted arbitrarily. The Environment awarded the Nobel Peace Prize. Ministry weakened existing mechanisms for consultation with communities affected by COMMUNAL VIOLENCE industrial projects, particularly coal mining. A string of communally charged incidents The Ministry also lifted moratoriums on new in Uttar Pradesh prior to elections led to an industries in critically polluted areas. increase in tensions between Hindu and The authorities and businesses failed to Muslim communities. Three people were meaningfully consult local communities in killed in clashes in Saharanpur, Uttar Pradesh several instances. In August, a subsidiary state, in July. Politicians were accused of, of UK-based Vedanta Resources conducted and in some cases criminally charged with, a public hearing towards expanding its making provocative speeches. Communal alumina refinery in Lanjigarh, Odisha state, clashes also occurred in some other states. without addressing existing impacts or In December, Hindu groups were accused adequately informing and consulting affected of forcibly converting several Muslims and communities. Christians to Hinduism. In December, the government passed a In January, survivors of violence between temporary law which removed requirements Hindus and Muslims in Muzzafarnagar, Uttar related to seeking the consent of affected Pradesh, in late 2013 were forcibly evicted communities and assessing social impact from relief camps. Investigations into the when state authorities acquired land for violence were incomplete. Thousands of certain projects.

Amnesty International Report 2014/15 179 Thousands of people remained at risk Rights Commission ordered compensation of being forcibly evicted from their homes for the families of people killed in a number and lands for large infrastructure projects. of fake encounters. It also expressed concern Particularly vulnerable were Adivasi about fake encounter killings in Uttar Pradesh communities living near new and expanding by the state police. mines and dams. In February, the country’s top investigative December marked the 30th anniversary of agency charged former officers of India’s the 1984 Bhopal gas leak disaster. Survivors internal intelligence agency with murder continued to experience serious health and kidnapping in an investigation into a problems linked to the leak and to continuing fake encounter case in Gujarat in 2004. The pollution from the factory site. In November, a Gujarat and Rajasthan state governments Bhopal court asked for its criminal summons reinstated into service police officers on against the Dow Chemical Company to be trial for their alleged involvement in fake re-issued, after the company failed to comply encounter cases after they were released on with an earlier summons. Also in November, bail from pre-trial detention. the Indian government agreed to use medical In September, the Supreme Court laid and scientific data to increase a multi-million down new requirements for investigations US dollar compensation claim against Union into deaths in encounters with the police, Carbide. The Indian government had yet to including that the deaths be investigated by clean up the contaminated factory site. a team from a different police station or a separate investigative wing. DEATH PENALTY In January, the Supreme Court ruled that FREEDOM OF EXPRESSION undue delay in the carrying out of death Laws on criminal defamation and sedition sentences amounted to torture, and that the which fell short of international standards execution of people suffering from mental were used to harass and persecute illness would be unconstitutional. The Court journalists, human rights defenders and also laid down guidelines for safeguarding the others for peacefully exercising their right rights of people under a sentence of death. to free expression. The government also In April, three men were sentenced to used broad and imprecise laws to curb death by a Mumbai court under a new free expression on the internet. Around the law enacted in 2013 which introduced the general election in May, a number of people death penalty for those convicted in multiple were arrested for statements made about cases of rape. In December, the government Prime Minister Narendra Modi, which police introduced to Parliament an anti-hijacking bill said amounted to criminal offences. which seeks to impose the death penalty for The authorities also implemented and hijacking that results in the death of a hostage expanded large-scale surveillance of or security personnel. telephone and internet communications, without disclosing details of these projects or EXTRAJUDICIAL EXECUTIONS safeguards to prevent their misuse. Proceedings continued before the Supreme Court relating to a petition seeking IMPUNITY – SECURITY FORCES investigations into over 1,500 alleged “fake Despite some signs of progress, almost encounters” – a term referring to staged absolute impunity for violations by Indian extrajudicial executions – in Manipur state. security forces continued. Legislation Courts in Delhi, Bihar and Punjab convicted providing virtual immunity from prosecution police personnel of being involved in fake such as the Armed Forces Special Powers Act encounter killings. The National Human and Disturbed Areas Act were still in force in

180 Amnesty International Report 2014/15 Jammu and Kashmir and parts of north-east abuses including forced labour and human India, despite ongoing protests. trafficking. In January, the army dismissed without Hundreds of Indian migrants including trial charges of murder and conspiracy filed 46 nurses were stranded in Iraq as fighting against five of its personnel by the Central between armed groups and the Iraqi Bureau of Investigation. The Supreme Court government intensified. In June, 39 Indian had ruled in 2012 that the army should try its migrants in Iraq were abducted and were personnel by court-martial for the extrajudicial believed to be still held by armed groups at executions of five villagers from Pathribal, the end of the year. Jammu and Kashmir, in 2000. In September, Bonded labour remained widespread. an army court-martial convicted five soldiers Millions of people were forced to work as of killing three men in an extrajudicial bonded labourers in industries including execution in Machil, Jammu and Kashmir brick-making, mining, silk and cotton state, in 2010. In November, an army production, and agriculture. A number of investigation charged nine soldiers in a case cases were reported of domestic workers, involving the killing of two Kashmiri teenagers mostly women, suffering abuses by in Budgam district. their employers. Perpetrators of past violations in Jammu and Kashmir, Nagaland, Manipur, Punjab and PRISONERS OF CONSCIENCE Assam continued to evade justice. Adivasi activists and prisoners of conscience Soni Sori and Lingaram Kodopi were granted RIGHTS OF LESBIAN, GAY, BISEXUAL, bail by the Supreme Court in February. Soni TRANSGENDER AND INTERSEX PEOPLE Sori stood for parliamentary elections in May. The Supreme Court agreed to hear a Manipuri activist Irom Sharmila continued petition seeking a review of its ruling her 14-year hunger strike, demanding the in December 2013 which effectively repeal of the draconian Armed Forces Special recriminalized consensual same-sex sexual Powers Act. She was detained on charges activity by upholding Section 377 of the of attempted suicide and was released Indian Penal Code. In the run-up to the on 20 August by a court which ruled that 2014 parliamentary elections, prominent the charges were baseless. However, she political parties committed to decriminalizing was rearrested two days later for the same homosexuality. alleged offence. In April, the Supreme Court granted legal recognition to transgender people in a PROLONGED PRE-TRIAL DETENTION landmark judgment. It directed authorities Prolonged pre-trial detention and to recognize transgender persons’ self- overcrowding in prisons persisted. As of identification as male, female or a “third December 2013, over 278,000 prisoners – gender” and put in place social welfare more than two-thirds of the country's prison policies and quotas in education and population – were pre-trial detainees. Dalits, employment. However, cases of harassment Adivasis and Muslims continued to be and violence against transgender people disproportionately represented in the pre-trial continued to be reported. prison population. Indiscriminate arrests, slow investigations and prosecutions, weak WORKERS’ RIGHTS legal aid systems and inadequate safeguards The lack of effective regulation of visa brokers against lengthy detention periods contributed and rogue recruiting agents continued to to the problem. put Indian migrant workers travelling to In September, the Supreme Court directed Middle East countries at risk of human rights district judges to immediately identify and

Amnesty International Report 2014/15 181 release all pre-trial detainees who had Reports of crimes against women rose, been in prison for over half of the term they but under-reporting was still considered to be would have faced if convicted. Following widespread. Dalit women and girls continued advocacy by Amnesty International India, the to face multiple levels of caste-based government of Karnataka state directed state discrimination and violence. Self-appointed authorities to set up review committees to village councils issued illegal decrees ordering monitor lengthy pre-trial detention. punishments against women for perceived social transgressions. FREEDOM OF ASSOCIATION In April, the UN Special Rapporteur on Authorities used the Foreign Contribution violence against women drew attention to (Regulation) Act to harass NGOs and civil the inability of the authorities to ensure society organizations that received funding accountability and redress for survivors of from abroad. In particular, groups critical violence. In July, the CEDAW Committee of large infrastructure, mining and nuclear recommended the government allocate power projects faced repeated queries, resources to set up special courts, complaints threats of investigations and blocking of procedures and support services to better foreign funding by the government. enforce laws. In June, media organizations reported In November, 16 women died after on a classified document prepared by participating in a botched mass sterilization India’s internal intelligence agency, which drive in Chhattisgarh. The government’s described a number of foreign-funded target-driven approach to family planning NGOs as “negatively impacting economic continued to allow for compromises on development”. the quality of health care and curtailed women’s right to choose appropriate family TORTURE AND OTHER ILL-TREATMENT planning methods. Torture and other ill-treatment continued to be used in state detention, particularly against women, Dalits and Adivasis. A deeply flawed anti-torture bill lapsed with the end of the central government's term in May. INDONESIA In August, the Bombay High Court directed the installation of closed-circuit television Republic of Indonesia cameras in all police stations in Maharashtra Head of state and government: Joko Widodo to curb the use of torture. (replaced in October)

WOMEN’S RIGHTS Violence against women remained Security forces faced persistent allegations widespread. The authorities did not of human rights violations, including torture effectively implement new laws on crimes and other ill-treatment. Political activists against women that were enacted in 2013, from the Papua region and Maluku province or undertake important police and judicial continued to be arrested and imprisoned for reforms to ensure that they were enforced. their peaceful political expression and at Rape within marriage was still not recognized least 60 prisoners of conscience remained as a crime if the wife was over 15 years of imprisoned. Intimidation and attacks age. A number of public officials and political against religious minorities continued. A leaders made statements that appeared to new Islamic Criminal Code by-law in Aceh justify crimes against women, contributing to province, passed in September, increased a culture of impunity. offences punishable by caning. There

182 Amnesty International Report 2014/15 was a lack of progress in ensuring truth, In March, eight men from the Suku Anak justice and reparations for victims of past Dalam Indigenous community of Bungku human rights violations. No executions village, Batanghari district, Jambi province, were reported. were tortured or otherwise ill-treated after protesting against the operation of a palm BACKGROUND oil company near their village. Puji Hartono Joko Widodo was inaugurated in October as died from his injuries after his hands were the new President; he had made pledges tied behind his back with a rope and he was during his election campaign to address beaten by military personnel and company serious past human rights abuses, protect security guards. Titus Simanjuntak was freedom of religion, reform the police and stripped and beaten by military personnel open up access to the Papua region.1 On and forced to lick his blood stains on the 30 April and 1 May, the UN Committee floor while being stepped on. Police officers on Economic, Social and Cultural Rights watched as the abuses took place. In August, reviewed Indonesia’s initial report. In June the Palembang military court convicted the UN Committee on the Rights of the six military personnel of ill-treatment Child reviewed Indonesia’s third and fourth and sentenced them to three months’ periodic reports. imprisonment. At the end of the year, no one was known to have been held accountable for POLICE AND SECURITY FORCES the killing of Puji Hartono. Reports continued of serious human rights In October, six military personnel were violations by the police and military, including convicted by a military court in Medan of unlawful killings, unnecessary or excessive the abduction and ill-treatment of Dedek use of force, torture and other cruel, inhuman Khairudin and sentenced to between 14 and or degrading treatment or punishment, and 17 months’ imprisonment. Dedek Khairudin enforced disappearance. was subjected to enforced disappearance In February, seven people were tortured in November 2013 after being detained by or otherwise ill-treated during arrest and a military intelligence officer from the Army interrogation after police and military Resort Military Command (Korem 011/LW) personnel raided a gathering organized by the and at least eight marines from Pangkalan armed Papuan pro-independence National Brandan region in North Sumatra province. Liberation Army in Sasawa village, Yapen His whereabouts remained unclarified at the Islands district, Papua province. Security end of the year. officers chained the men’s hands together In December, at least four men were killed and beat and kicked them. They were forced and over a dozen injured when security to crawl around the village as the beatings forces, both police and military, allegedly continued and at least two men alleged opened fire on a crowd that was protesting at that they were given electric shocks by the the Karel Gobai field near the Paniai District police. According to their lawyers, none of Military Command in Papua province. The the men were involved or had links with the crowd was protesting against soldiers from the armed pro-independence struggle. They Special Team Battalion 753 who had allegedly were each charged with rebellion, convicted beaten a child from Ipakije village. No one and sentenced to three and a half years’ had been held accountable for the attack by imprisonment in November by the Sorong the end of the year. District Court. No independent investigation into the incident had begun by the end of FREEDOM OF EXPRESSION the year. Cases continued to be documented of the arrest and detention of peaceful political

Amnesty International Report 2014/15 183 activists, particularly in areas with a history of FREEDOM OF RELIGION pro-independence movements such as Papua Harassment, intimidation and attacks against and Maluku. religious minorities persisted, fuelled by On 25 April, 10 political activists from discriminatory laws and regulations at both Maluku province were arrested by police for national and local levels. planning to commemorate the anniversary In May, the Bekasi city authority issued of the (RMS) a decree to close the Al-Misbah Ahmadiyya movement’s declaration of independence and mosque in Bekasi, West province, carrying “Benang Raja” flags – a prohibited referring to a 2008 Joint Ministerial Decree symbol of the movement. Nine of them were forbidding the Ahmadiyya community from subsequently charged with “rebellion” under promoting their activities and spreading Articles 106 and 110 of the Criminal Code their religious teachings. The Bekasi (crimes against the security of the state). local government police then locked and Their trial began in September and had not sealed the mosque. On 26 June, the local been completed by the end of the year. government in Ciamis district, West Java Two French journalists were arrested on province, closed down the Nur Khilafat 6 August in Wamena, Papua province, after Ahmadiyya mosque, citing the need to making a documentary on the separatist “maintain religious harmony” and to stop movement in the Papuan region. In October, the spread of a “deviant interpretation of they were convicted by the Jayapura Islamic teaching”. Days before, hundreds District Court of immigration violations and of supporters of hardline Islamist groups sentenced to four months’ imprisonment. had protested outside the office of the local Areki Wanimbo, Head of the Lani Besar Tribal district chief demanding the closure of the Council (Dewan Adat) who had met the two mosque. In October, the local government in journalists, was also arrested by police on Depok district, West Java, closed down the the same day and accused of supporting Al-Hidayah Ahmadiyya mosque to prevent separatist activities. He was later charged with “social disharmony”. “rebellion” and was awaiting trial at the end By the end of the year, a displaced Shi’a of the year. community from Sampang, East Java, who At least nine people remained detained or were attacked and evicted by an anti- imprisoned under blasphemy laws solely for Shi’a mob in 2012, remained in temporary their religious views or the manifestation of accommodation in Sidoarjo and prevented their beliefs, or for the lawful exercise of their from returning to their homes. The authorities right to freedom of expression.2 failed to provide remedies for a displaced In June, Abraham Sujoko was convicted Ahmadiyya community in Lombok, West Nusa by the Dompu District Court in West Nusa Tenggara, forcibly evicted by a mob from their Tenggara province for “defamation of religion” homes in 2006. under Article 27(3) of the Information and Concerns about the “forced relocation Electronic Transaction Law. He was sentenced of religious minorities, particularly Shi’a to two years’ imprisonment and a fine of and Ahmadiyya communities, which were 3,500,000 rupiah (US$288). Abraham Sujoko instigated by mobs and based on religious had posted a video of himself on YouTube incitement” were raised by the UN Special saying that the Ka’bah (an Islamic holy shrine Rapporteur on adequate housing in March. In in Mecca) was a “mere stone idol”, and had May, the UN Committee on Economic, Social urged Muslims not to face it while praying. and Cultural Rights raised concerns about the situation of several groups, including displaced religious communities, which suffered “multiple discriminations”.

184 Amnesty International Report 2014/15 In November, the newly elected Minister More than 10 years after the murder of of Religious Affairs and the Minister of Home prominent human rights defender Munir Said Affairs both stated that the government would Thalib, the authorities had failed to bring all make the protection of minority rights one of the perpetrators to justice. its priorities. The government failed to implement recommendations made by the bilateral IMPUNITY Indonesia-Timor-Leste Commission of Truth Victims of past human rights violations and and Friendship, in particular to establish abuses continued to demand justice, truth a commission for disappeared persons and reparation for crimes under international tasked with identifying the whereabouts law which occurred under the rule of of all children from Timor-Leste who were former President Suharto (1965-1998) and separated from their parents around the 1999 during the subsequent reformasi period. independence referendum. These included unlawful killings, rape and other crimes of sexual violence, enforced CRUEL, INHUMAN OR disappearances, and torture and other DEGRADING PUNISHMENT ill-treatment. No progress was reported on At least 76 people were caned in Aceh for numerous cases of alleged gross violations Shari’a offences including gambling, drinking of human rights that were submitted by the alcohol and adultery during the year. In National Human Rights Commission (Komnas September, the Aceh parliament passed a HAM) to the Attorney General’s office after a new by-law, the Islamic Criminal Code, which preliminary pro-justicia inquiry was conducted expanded the use of caning as punishment by the Commission. to other “crimes”, including same-sex sexual Former President Yudhoyono failed relations and intimacy between unmarried to act on certain recommendations by couples. There were concerns that the Parliament from 2009: to bring to justice definition and evidentiary procedures related those involved in the enforced disappearance to the offence of rape and sexual abuse in of 13 pro-democracy activists in 1997 and the by-law did not meet international human 1998, to conduct an immediate search rights standards. The Aceh Islamic Criminal for activists who had disappeared, and to Code applied to Muslims in Aceh province. provide rehabilitation and compensation to Non-Muslims could also be convicted under their families. the by-law of offences not currently covered By the end of the year, Komnas HAM by the Indonesian Criminal Code. had completed only two out of five pro- justicia inquiries into “gross human rights WOMEN’S RIGHTS violations” during the Aceh conflict (1989- By the end of the year, the House of 2005). These included the 1999 Simpang Representatives had yet to pass a Domestic KKA incident in North Aceh when the military Worker Protection Bill, leaving millions of shot dead 21 protesters, and the Jamboe domestic workers, the majority of them Keupok case in South Aceh where four women and girls, vulnerable to economic people were shot dead and 12 burned alive exploitation and human rights abuses. by soldiers in May 2003. An Aceh Truth and Reconciliation by-law SEXUAL AND REPRODUCTIVE RIGHTS (qanun) passed in December 2013 was not In February the Ministry of Health issued a implemented. No progress was reported new regulation withdrawing a 2010 regulation on a new law on a national Truth and authorizing certain medical practitioners, Reconciliation Commission. such as doctors, midwives and nurses, to conduct “female circumcision”. By the

Amnesty International Report 2014/15 185 end of the year, the government had yet to in public. Executions continued at a high pass specific legislation prohibiting female rate; juvenile offenders were among those genital mutilation. executed. Judges continued to impose Government Regulation No. 61/2014 sentences of execution by stoning, although on Reproductive Health, an implementing none were reported to have been carried out. regulation to the 2009 Health Law, was issued in July 2014, restricting to 40 days the time BACKGROUND period for rape survivors to access legal The June 2013 election of Hassan abortion. It was feared that this shortened Rouhani as President raised hopes that timeframe would prevent many rape survivors his administration would introduce much from being able to access safe legal abortion. needed human rights reforms, but little had been achieved by the end of 2014. DEATH PENALTY Attempts by the administration to relax official No executions were reported. At least two controls on , for example, death sentences were handed down during prompted a backlash from conservatives the year and at least 140 people remained within parliament. under sentence of death. Negotiations continued between Iran and the USA and other states amid persistent tensions over Iran’s nuclear development 1. Indonesia: Setting the agenda – human rights priorities for the new programme and the impact on Iran of government (ASA 21/011/2014) international financial and other sanctions. www.amnesty.org/en/library/info/ASA21/011/2014/en In November 2013, an interim agreement 2. Prosecuting beliefs: Indonesia’s blasphemy laws (ASA 21/018/2014) had brought Iran some relief from these www.amnesty.org/en/library/info/ASA21/018/2014/en sanctions in return for concessions on nuclear enrichment. A Charter of Citizens’ Rights proposed by the presidency and opened for consultation in 2013 remained in draft form throughout IRAN 2014. It failed to afford adequate protection of human rights, in particular the rights Islamic Republic of Iran to life, non-discrimination, and protection Head of state: Ayatollah Sayed 'Ali Khamenei from torture. (Leader of the Islamic Republic of Iran) The UN Human Rights Council renewed Head of government: Hassan Rouhani (President) the mandate of the UN Special Rapporteur on the situation of human rights in Iran in March but the Iranian authorities continued to block The authorities restricted freedoms of visits to Iran by him or other UN Human expression, association and assembly, Rights Council experts. arresting, detaining and prosecuting In October, the UN Human Rights Council in unfair trials minority and women’s considered Iran’s human rights record rights activists, journalists, human rights under the UN Universal Periodic Review defenders and others who voiced dissent. (UPR) process. The Council noted Iran’s dire Torture and other ill-treatment remained human rights situation and the authorities’ prevalent and were committed with failure to implement the recommendations impunity. Women and ethnic and religious they had accepted following the 2010 minorities faced pervasive discrimination in UPR. Iran withheld its position on all the law and practice. Flogging and amputation recommendations made until the next sentences were reportedly carried out, some

186 Amnesty International Report 2014/15 session of the UN Human Rights Council in to the former Supreme Leader, Ayatollah March 2015. Khomeini. The authorities said they had arrested 11 people in relation to the jokes. FREEDOMS OF EXPRESSION, In October, authorities in the cities of ASSOCIATION AND ASSEMBLY Tehran and Esfahan arrested protesters who The authorities maintained curbs on freedom were demanding an end to violence against of expression and the media, including by women following a series of acid attacks jamming foreign satellite broadcasting and against women in Esfahan. One of those closing media outlets. Authorities retained arrested remained in detention at the end of the mandatory dress code for women and the year. At least four journalists were also the criminalization of dress code violations arrested in connection with their coverage of under the Islamic Penal Code. Opposition the acid attacks. figures, Mir Hossein Mousavi, Mehdi Karoubi and Zahra Rahnavard remained TORTURE AND OTHER ILL-TREATMENT under house arrest without charge or trial, Torture and other ill-treatment, particularly despite their deteriorating health.1 Scores during pre-trial detention, remained of prisoners of conscience were serving common, facilitated by routine denial of prison terms for peacefully exercising their access to lawyers and the virtual impunity human rights. Among them were government of perpetrators. Methods reported included critics, journalists, lawyers, trade unionists, prolonged solitary confinement, confinement student activists, and minority and women’s in uncomfortably small spaces, severe rights activists. beatings, and threats against detainees’ The authorities continued to target family members. The authorities generally journalists, who faced arrest, detention, failed to investigate allegations of torture and imprisonment and flogging for critical prosecute and punish those responsible. reporting of the authorities.2 In August, two The authorities systematically denied photographers who criticized in writing a book detainees and prisoners access to adequate of photographs published by a government medical care, including for injuries resulting official in the city of Qazvin, northwest Iran, from torture or health problems exacerbated were sentenced to floggings. by harsh prison conditions. Online activists also faced prosecution. A revised Code of Criminal Procedure In May, a Revolutionary Court in Tehran passed in April failed to address the convicted eight people on charges including inadequacy of national laws to afford “insulting religious sanctities” and “insulting detainees effective protection against torture the authorities” for posts on the website and other ill-treatment. It denied detainees Facebook, and sentenced them to prison access to lawyers for up to one week after terms of between seven and 20 years. arrest in cases concerning national security Although the Supreme Leader, President and some other offences, and provided no Rouhani and other senior officials all used clear and comprehensive definition of torture social media websites such as Facebook, conforming to international law. Twitter and Instagram to communicate, the State security and intelligence agencies authorities continued to filter such websites. operated their own detention facilities outside In September, a senior judiciary official the control of the State Prison Organization, in instructed the Minister of Communications breach of national law. Torture and other ill- and Information Technology to take measures treatment was common in these facilities. In within a month to “block and effectively some cases, the authorities subjected death control the content” of social media websites row prisoners to enforced disappearance after the circulation of jokes deemed offensive

Amnesty International Report 2014/15 187 by moving them to such facilities prior Courts continued to convict defendants to execution. in the absence of defence lawyers or on the Sentences of flogging and amputations basis of “confessions” or other evidence continued to be imposed for a wide range obtained through torture or other ill-treatment. of offences, including alcohol consumption, In some cases, the authorities broadcast eating in public during Ramadan, and detainees’ “confessions” on television theft. These sentences were increasingly before trial, breaching the presumption implemented in public. of innocence. In April, security officials assaulted In September, the cabinet passed a Bill prisoners held in Section 350 of Tehran’s Evin of Attorneyship, drafted by the judiciary, Prison during a search of their cells, beating and submitted it to Parliament for approval. and injuring many of them. The authorities The draft bill discriminated against non- reportedly failed to investigate the incident or Muslims by disqualifying them from prosecute and punish the perpetrators.3 In membership of the Board of Directors of the August, authorities reportedly used excessive Iranian Bar Association, and threatened the force against inmates of Ghezel Hesar Prison independence of the Association. in the city of Karaj who protested against the transfer of 14 death row prisoners to solitary DISCRIMINATION – ETHNIC AND confinement prior to execution. RELIGIOUS MINORITIES President Rouhani’s appointment of a special UNFAIR TRIALS adviser on ethnic and religious minorities The judiciary continued to lack independence did not result in a reduction in the pervasive and remained subject to interference by discrimination against Iran’s ethnic minority the security authorities. Trials, particularly communities, including Ahwazi , those before Revolutionary Courts, were Azerbaijanis, Baluchis, Kurds and Turkmen, largely unfair. or against religious minorities, including Ahl-e The new Code of Criminal Procedure Haq, Baha’is, Christian converts, Sufis and enhanced detainees’ access to lawyers but Sunni Muslims. did not guarantee access from the time of Discrimination against ethnic minorities arrest, required to help safeguard detainees affected their access to basic services such against torture. The Code allowed prosecutors as housing, water and sanitation, employment to prevent lawyers accessing some or all of and education. Ethnic minorities were not the case documents against their clients if permitted to use their minority language as a they determine that disclosure would impede medium of instruction in education and were “discovery of the truth”, and in cases relating denied adequate opportunities to learn it. to national or external security, hindering Members of ethnic minority groups also the right to adequately prepare a defence. faced a high risk of prosecution on vague In August, Parliament’s Judicial and Legal charges such as “enmity against God” and Commission submitted a bill proposing “corruption on earth”, which could carry postponement of the Code’s planned entry the death penalty. The authorities secretly into force in October, due to the “existence executed at least eight after of serious problems and barriers for [its] they were convicted on charges that included implementation”. Additionally, the bill, in a “enmity against God” after grossly unfair regressive move, proposed amendments to trials, and refused to hand over their bodies to 19 articles, which largely aimed to reverse their families. By October, the authorities held the improvements made in the new Code at least 33 Sunni men, mostly members of the including with regard to access to lawyers. Kurdish minority, on death row on charges of “gathering and colluding against national

188 Amnesty International Report 2014/15 security”, “spreading propaganda against the health professionals who conducted such system”, “membership of Salafist groups”, procedures. The other bill sought to reduce “corruption on Earth” and “enmity against divorces and remove family disputes from God”. Converts from Shi’a to Sunni Islam judicial decision-making, hence prioritizing faced increased persecution.4 preservation of families over addressing In December, the authorities used threats domestic violence. Neither law had been of immediate execution and other punitive enacted by the end of the year. A proposed measures against 24 Kurdish prisoners who law to afford women protection against were on hunger strike in protest against violence made no progress and the authorities conditions in Ward 12 of Oroumieh Central failed to take steps to address violence Prison, West Azerbaijan Province, where they against women and girls, including early and other political prisoners were held.5 and forced marriages, marital rape and The authorities subjected Baha’is to further domestic violence. persecution by closing down their businesses Women also faced restrictions on and destroying their cemeteries. Dozens of employment. Official statistics from Baha’is remained in prison. September showed that the number of In September, the authorities arrested women in employment had fallen by 100,000 over 800 Gonabadi at a peaceful annually over the previous eight years. In protest held in Tehran in solidarity with nine August, the Head of the Public Buildings imprisoned Gonabadi Dervishes who were Office of the Police said that no women on hunger strike. The hunger strikers had should be employed in coffee shops or demanded that the authorities respect the traditional Iranian restaurants except in their civil rights of Gonabadi Dervishes and treat kitchens, out of public view. In July, the them as equal members of society.6 Tehran Municipality reportedly prohibited Dissident Shi’a clerics and others its managers from recruiting women to who expressed alternatives to the official secretarial and other administrative posts. interpretation of Shi’a Islam, as well as Official efforts to create gender-segregated atheists, remained at risk of persecution, workplaces intensified. including arrest, imprisonment and Authorities had also banned women possible execution. musicians from appearing on stage in 13 of Iran’s 31 provinces by the end of the year. WOMEN’S RIGHTS In June, security authorities arrested women Women remained subject to widespread who participated in a peaceful protest outside and systematic discrimination in law and Azadi Stadium, a Tehran sports venue, to practice. Personal status laws giving women demand equal access by women to sport subordinate status to men in matters such stadiums.7 as marriage, divorce, child custody and inheritance remained in force. RIGHT TO PRIVACY Two population-related draft bills under All sexual conduct between unmarried parliamentary consideration threatened individuals remained criminalized. to reduce women’s access to sexual and The authorities continued to persecute reproductive health services, thereby affecting individuals on account of their actual or their rights to life, privacy, gender equality perceived sexual orientation and gender and the freedom to decide the number identity. The revised Islamic Penal Code and spacing of their children. One draft bill maintained provisions criminalizing all aimed to prevent surgical procedures aimed consensual same-sex sexual conduct at permanently preventing pregnancies between adults. The Code made such by imposing disciplinary measures on

Amnesty International Report 2014/15 189 conduct subject to punishments ranging from DEATH PENALTY 100 lashes to the death penalty. Iran retained the death penalty for a wide Iranian authorities blocked and banned range of offences, including vaguely defined publication of any material discussing crimes such as “enmity against God”, and homosexuality or sexual conduct outside 2014 saw the authorities maintain a high rate heterosexual marriages, using the Cyber of execution. Some executions were carried Crimes Law’s provisions on “crimes against out in public. chastity” and “sexual perversion”. Under the revised Islamic Penal Code, Individuals who did not conform to courts continued to impose death sentences stereotypical norms of femininity and for offences that did not meet the threshold masculinity continued to face discrimination of “most serious crimes” under international and violence. Transgender individuals were law, and others such as “insulting the Prophet denied legal gender recognition and were of Islam”, that should not be considered denied their rights, including to education crimes.9 and employment, unless they underwent In many cases, courts imposed death gender reassignment surgeries. In February, sentences after proceedings that failed to Iran’s official Football Federation barred respect international fair trial standards, seven women footballers from competition on including by accepting as evidence grounds of their “gender ambiguity”. “confessions” elicited under torture or other ill-treatment. Detainees were frequently RIGHT TO EDUCATION denied access to lawyers during pre-trial The authorities continued to restrict the right investigations.10 to education, maintaining the exclusion of Scores of juvenile offenders, including hundreds of students from Iran’s universities some sentenced in previous years for crimes because of their peaceful exercise of the right committed under the age of 18, remained to freedom of expression or other human on death row, and others were executed. rights, and systematically denying Baha’is Courts sentenced further juvenile offenders access to higher education. Dozens of other to death.11 The revised Islamic Penal Code students and academics, including some allowed the execution of juvenile offenders associated with the Baha’i Institute for Higher for qesas (retribution-in-kind) and hodoud Education suppressed by the government (offences carrying fixed penalties prescribed in 2011, remained in prison. Efforts by the by Islamic law) unless it is determined Ministry of Science, Research and Technology that the offender did not understand the to allow some banned students and academic nature of the crime or its consequences, or staff to return to universities did not result in the offender’s mental capacity is in doubt. concrete measures to end arbitrary exclusions International law prohibits the death penalty of students from higher education.8 Such for children under 18. attempts were opposed by conservatives The revised Islamic Penal Code also within Parliament. retained the penalty of stoning to death for The gender quota system used by the the offence of “adultery while married”. At authorities to reverse the trend towards least one stoning sentence was reported greater participation by women in higher to have been imposed in Ghaemshahr, education remained in place, but saw some Mazandaran province; no executions by relaxation in the 2013-2014 academic year. stoning were reported. Official policies aimed at keeping women at home pursuing “traditional” roles as wives and mothers continued.

190 Amnesty International Report 2014/15 1. Iran: Release opposition leaders under house arrest three years on IRAQ (MDE 13/009/2014) www.amnesty.org/en/library/info/MDE13/009/2014/en Republic of Iraq 2. Jailed for being a journalist (MDE 13/044/2014) Head of state: Fuad Masum (replaced Jalal www.amnesty.org/en/library/info/MDE13/044/2014/en Iran: Iranian- Talabani in July) American detained for journalism (MDE 13/065/2014) Head of government: Haider al-Abadi (replaced www.amnesty.org/en/library/info/MDE13/065/2014/en Nuri al-Maliki in September) 3. Justice is an alien word: Ill-treatment of political prisoners in Evin Prison (MDE 13/023/2014) www.amnesty.org/en/library/info/MDE13/023/2014/en There was a marked deterioration in 4. Iran: No progress on human rights: Amnesty International Submission human rights as armed conflict intensified to the UN Universal Periodic Review, October-November 2014 (MDE between government security forces and 13/034/2014) fighters of the Islamic State (IS, formerly www.amnesty.org/en/library/info/MDE13/034/2014/en ISIS) armed group, which gained control 5. Iran: Alleged juvenile offender among 10 hunger strikers threatened of large parts of central and northern with immediate execution (News story) Iraq. IS fighters committed widespread www.amnestyusa.org/news/news-item/iran-alleged-juvenile-offender- war crimes, including ethnic cleansing of among-10-hunger-strikers-threatened-with-immediate-execution religious and ethnic minorities through 6. Iran: Hunger striking Dervishes critically ill (MDE 13/051/2014) a campaign of mass killings of men and www.amnesty.org/en/library/info/MDE13/051/2014/en abduction and sexual and other abuse of 7. Iran: Jailed for women’s right to watch sports (MDE 13/048/2014) women and girls. Government forces carried www.amnesty.org/en/library/info/MDE13/048/2014/en out indiscriminate bombing and shelling in 8. Silenced, expelled, imprisoned: Repression of students and academics IS-controlled areas, and government-backed in Iran (/015/2014) Shi’a militias abducted and executed scores www.amnesty.org/en/library/info/MDE13/015/2014/en of Sunni men in areas under government 9. Iran: Facing death for “insulting the Prophet”: Rouhollah Tavana control. The conflict caused the deaths of (MDE 13/012/2014) some 10,000 civilians between January and www.amnesty.org/en/library/info/MDE13/012/2014/en October, forcibly displaced almost 2 million Iran: Death sentence for “insulting the Prophet”: Soheil Arabi (MDE people and created a humanitarian crisis. 13/064/2014) This was exacerbated by the continuing www.amnesty.org/en/library/info/MDE13/064/2014/en influx of thousands of refugees from Syria, 10. Execution of young woman a bloody stain on Iran’s human rights mostly to Iraq’s semi-autonomous Kurdistan record Region. The government continued to hold www.amnesty.org.uk/press-releases/iran-execution-young-woman- thousands of detainees without charge or another-bloody-stain-human-rights-record trial, many of them in secret detention with 11. Iran: Juvenile offender at risk of execution in Iran: Rasoul Holoumi no access to the outside world. Torture and (MDE 13/040/2014) other ill-treatment in detention remained www.amnesty.org/en/library/info/MDE13/040/2014/en; Iran: Juvenile rife, and many trials were unfair. Courts offender nearing execution (MDE 13/0037/2014) passed many death sentences, mostly www.amnesty.org/en/library/info/MDE13/037/2014/en; Iran: on terrorism charges; more than 1,000 Kurdish juvenile offender facing execution: Saman Naseem (MDE prisoners were on death row, and executions 13/049/2014) continued at a high rate. www.amnesty.org/en/library/info/MDE13/049/2014/en BACKGROUND Armed conflict flared in January between government security forces and the Islamic State in Iraq and al-Sham (ISIS) armed

Amnesty International Report 2014/15 191 group, a month after the authorities forcibly Shi’a, won the largest bloc of seats but he dispersed a year-long protest camp set up did not secure a third term as Prime Minister by members of the Sunni community in and was replaced in September, following Ramadi, Anbar province. Government forces domestic and foreign demands for a more used indiscriminate shelling to regain control inclusive government. over Fallujah and parts of Ramadi from ISIS, The proposed Ja’fari Law, intended as a killing civilians and causing damage to civilian personal status law for Shi’a communities infrastructure. Anbar province remained in in Iraq, was withdrawn after widespread conflict throughout the year amid allegations criticism that it could undermine the rights that Prime Minister Nuri al-Maliki had of women and girls, including by legalizing undermined efforts by tribal leaders to broker marriage for girls as young as nine. a solution. Tension between the Baghdad authorities The government’s failure to resolve the and the semi-autonomous Kurdistan Regional crisis, among other factors, left Anbar unable Government (KRG) in the north eased to stem the rapid military advance of ISIS, following an interim agreement in November whose fighters seized control of Mosul, Iraq’s over oil revenues and KRG contributions to second largest city, in June and then much the federal budget. of Anbar, Diyala, Kirkuk, Ninevah and Salah al-Din provinces. This sparked a dramatic INTERNAL ARMED CONFLICT resurgence in sectarian tensions and massive Government forces and Shi’a militias armed displacement of communities at risk from and backed by the government committed armed attacks by ISIS or government air war crimes and human rights violations, strikes. Ethnic and religious minorities were predominantly targeting Sunni communities. particularly targeted by ISIS, which forced all In Anbar, Mosul and other areas under non-Sunni and non-Muslims out of the areas IS control, government forces carried out under its control. indiscriminate air strikes in civilian areas, On 30 June, ISIS declared a “caliphate”, including with barrel bombs, that killed and renamed itself Islamic State (IS) under injured civilians. In September, Prime Minister the leadership of Iraqi-born Abu Baker al-Abadi called on the security forces to cease al-Baghdadi, and called on Muslims around all shelling of civilian areas, but air strikes in the world to declare allegiance to him. IS-controlled areas continued, with ensuing In August, IS fighters seized control of civilian casualties. the Sinjar region, killing and abducting large Security forces and Shi’a militias abducted numbers of its Yezidi inhabitants who were or detained Sunnis and carried out scores unable to flee. Following IS advances and the of extrajudicial executions with impunity. In public beheading of UK and US nationals in areas where they regained control from IS, IS captivity, a US-led international coalition they also destroyed homes and businesses of 40 countries began air strikes against IS of Sunni residents, in reprisal for the in August, and increased military support alleged support for IS by members of those and training to Iraqi government forces and communities. KRG Peshmerga forces also Kurdish Peshmerga forces fighting against IS. carried out reprisal destruction of homes of Parliamentary elections took place in April Sunni Arab residents in areas they recaptured amid violence that saw two members of the from IS. Independent High Electoral Commission and at least three candidates killed, and attacks ABUSES BY ARMED GROUPS by gunmen on polling stations in Anbar, Armed groups carried out indiscriminate Diyala and other predominantly Sunni areas. suicide and car bomb attacks throughout Nuri al-Maliki’s State of Law Coalition, mostly Iraq, killing and injuring thousands of

192 Amnesty International Report 2014/15 civilians. As they gained control of much of veils and to be with a male relative outside northwestern Iraq, IS fighters embarked on a the home, segregating males and females systematic campaign of ethnic cleansing in at schools and workplaces, and banning which they committed war crimes, including smoking and “western-style” activities mass summary killings and abductions that and lifestyles. targeted religious and ethnic minorities, including Christians, Yezidis, Shi’a Turkmen VIOLENCE AGAINST WOMEN AND GIRLS and Shi’a Shabaks. Women and girls, mainly from the Yezidi Hundreds of detainees, mainly Shi’a, community, were abducted by IS fighters and were killed by IS fighters who seized subjected to forced marriage, rape and other Badush Central Prison, west of Mosul, in sexual abuses. They were also reportedly June. In July, IS fighters forced thousands sold as slaves and sexually exploited, both of Christians from their homes and within Iraq and in IS-controlled areas of communities, threatening them with death neighbouring Syria. By November, more than unless they converted to Islam, and in August 200 women and chidren, some only a few carried out deadly mass attacks against the months old, had managed to escape from Yezidi minority. IS fighters who attacked the IS captivity. Among them was an 18-year- Sinjar region abducted thousands of Yezidi old woman who was abducted with other civilians, summarily killing hundreds of men relatives when IS fighters raided the Sinjar and boys as young as 12 in Qiniyeh, Kocho area in August and forcibly “married” to an and other villages. Hundreds, possibly IS fighter who repeatedly raped her and beat thousands, including entire families remained her after she tried to escape. She escaped missing. Hundreds of women and girls were together with a girl aged 15 who had also subjected to sexual abuse. been abducted and given to an IS fighter as a IS fighters also killed members of the Sunni “wife”. Other women were victims of unlawful community they suspected of opposing them execution-style killings for criticizing the IS or of working for the government, its security or disobeying its orders. In October, IS killed forces or previously for US forces in Iraq. a former parliamentarian, Iman Muhammad In October, IS killed over 320 members of Younes, after holding her in captivity the Sunni Albu Nimr tribe in Anbar as the for weeks. government sought to mobilize and arm Sunni tribes to fight against IS. ARBITRARY ARRESTS AND DETENTIONS IS fighters carried out summary killings of The authorities held thousands of detainees hundreds of people they captured, including without charge or trial under provisions of the government soldiers. In June, they summarily anti-terrorism law. In February, the head of executed more than 1,000 soldiers and the Parliament’s Human Rights Committee army volunteers taken prisoner as they fled alleged that around 40,000 detainees unarmed from Camp Speicher, a major remained in prison awaiting investigations. military base in Tikrit. IS posted video footage Many were held in prisons and detention of some of the killings on the internet. centres run by various government ministries. IS forces destroyed or desecrated historical A letter sent by the Central Investigation sites and places of worship across all ethnic Court to the Head of the Supreme Judicial and religious communities, established Council in 2013, published in April 2014, Shari’a courts in areas they controlled and reported that authorities continued to carry called for those who had worked for the out unlawful arrests using a list containing government or US forces to repent. They partial names of thousands of suspects that issued strict rules on individual behaviour, the Anti-terrorism General Directorate had requiring women and girls to wear face sent to police stations in connection with

Amnesty International Report 2014/15 193 sectarian violence in 2006 and 2007. This UNFAIR TRIALS was believed to have led to the detention of The criminal justice system remained deeply the wrong people on the basis that part of flawed. The judiciary lacked independence. their names corresponded to partial names Judges and lawyers involved in trials of on the list. members of armed groups continued to be targets for killings, abductions and assaults TORTURE AND OTHER ILL-TREATMENT by armed groups. Trials, particularly of Torture and other ill-treatment remained defendants facing terrorism charges, were common and widespread in prisons frequently unfair; courts returned guilty and detention centres, particularly those verdicts on the basis of torture-tainted controlled by the Ministries of the Interior “confessions”, which were often broadcast and Defence, and were committed with on the government-controlled al-Iraqiya TV impunity. These centres were blocked channel. Other guilty verdicts were based to inspection by the Independent High on evidence from secret, unidentified Commission for Human Rights. Interrogators informants, including in cases that resulted in tortured detainees to extract information and death sentences. “confessions” for use against them at trial; In November, a Baghdad court sentenced sometimes detainees were tortured to death. former leading Sunni parliamentarian Ahmed Government representatives attending the al-‘Alwani to death on terrorism-related Universal Periodic Review of Iraq at the UN charges after a grossly unfair trial. Security Human Rights Council said the authorities forces had arrested him in December 2013 had investigated 516 torture cases between after they forcibly dispersed a year-long 2008 and 2014, with many resulting in protest in Anbar. prosecutions, but provided no details and did not identify the security agencies responsible. FREEDOM OF EXPRESSION ’Uday Taha Kurdi, a lawyer and father of Journalists worked in extremely hazardous two, died in June after 15 days of detention conditions and faced threats from both state by Anti-terrorism General Directorate officials and non-state actors. Some were victims of in Baghdad. In a letter to the Iraqi Lawyers’ targeted killings or assassination attempts; Union in July, the Ministry of the Interior others were physically assaulted. said that ’Uday Taha Kurdi had suffered In March, Mohammad Bdaiwi a “health problem” in detention and had al-Shammari, a university professor and been taken to hospital, where he died. The Baghdad Bureau Chief for Radio Free Iraq, Ministry also said that a judge had concluded was shot dead at a checkpoint in Baghdad that ’Uday Taha Kurdi, whose brother was by a Presidential Guards officer during an held on terrorism charges, was “from the argument over access to the presidential IS leadership” and belonged to “a terrorist complex. In August, a court sentenced the family”, and that he had told the judge, when officer to life imprisonment. asked, that he had not been tortured. The In June, the government-controlled Supreme Judicial Council said his death Communications and Media Commission resulted from kidney failure, not torture as issued “mandatory” guidelines regulating alleged. However, photographs of ’Uday media activities “during the war on Taha Kurdi’s body taken at the morgue and terror”, demanding that media outlets not obtained by Amnesty International showed make public information about insurgent that he had sustained bruises, open wounds forces, and requiring them to not criticize and burns – consistent with allegations of government forces and to report on torture – prior to his death. government forces only in favourable terms.

194 Amnesty International Report 2014/15 Journalists were abducted and executed KRG authorities continued to detain by IS in areas under their control. In October, journalist Niaz Aziz Saleh, held since Ra’ad Mohammed Al-‘Azawi, cameraman January 2012 for allegedly disclosing details for Salah al-Din TV Channel, was of election rigging, without charge or trial. beheaded in Samarra, after a month in General Security (Asayish Gishti) in Erbil captivity, reportedly for refusing to co-operate reportedly refused repeatedly to take him to with IS. court to stand trial.

INTERNALLY DISPLACED PEOPLE DEATH PENALTY Almost 2 million people were forced from Courts continued to impose death sentences their homes due to the fighting in the Anbar, for a range of crimes. Most of the defendants Diyala, Kirkuk, Ninevah and Salah al-Din had been convicted on terrorism-related provinces, with half of them fleeing to Iraq’s charges, often after unfair trials. In April, the Kurdistan Region, which by November was Justice Ministry said 600 prisoners were on also hosting some 225,000 refugees from death row at al-Nassiriya Prison alone, where Syria. Thousands of Iraqi refugees returned to new execution facilities were installed. In Iraq from Syria and elsewhere but could not August, the Justice Minister said that a total return to their homes, swelling the number of of 1,724 prisoners were awaiting execution, internally displaced persons. including some whose sentences had still to The unprecedented scale of the be finally confirmed. humanitarian crisis in Iraq led the UN The authorities continued to carry out large to categorize it at the highest level of numbers of executions, including multiple emergency and advised governments executions. On 21 January, the authorities to afford international protection to Iraqi executed 26 prisoners less than a week after asylum-seekers and safeguard them from UN Secretary-General Ban Ki-moon urged forcible return. the Iraqi authorities to impose a moratorium on executions. Rebuffing this call during a KURDISTAN REGION OF IRAQ joint press conference with Ban Ki-moon, Although Kurdish Peshmerga forces battled Prime Minister Nuri al-Maliki said that against IS in several areas of northern Iraq, his government did “not believe that the the three provinces that comprise the semi- rights of someone who kills people must autonomous Kurdistan Region remained be respected”. largely immune from the violence engulfing much of the rest of Iraq until November, when a car bomb exploded outside an Erbil governorate building killing at least four and injuring 22 others. IRELAND The KRG authorities continued to target those who openly criticized official corruption Republic of Ireland or expressed dissent. The executive Head of state: Michael D. Higgins authorities continued to interfere in the Head of government: Enda Kenny judiciary, influencing trials. Incidents of torture and other ill-treatment continued to be reported. People arrested on terrorism Abortion legislation and guidance failed charges were held incommunicado to comply with Ireland’s human rights without access to family or lawyers for obligations. Transgender individuals prolonged periods. faced barriers to legal gender recognition. Responses to victims of past institutional

Amnesty International Report 2014/15 195 abuse fell below adequate standards of December 2014, a current affairs television truth, justice and reparations. programme revealed secretly recorded evidence of abusive treatment, and denial of SEXUAL AND REPRODUCTIVE RIGHTS basic rights and autonomy, of three people The Protection of Life during Pregnancy Act in one centre, raising wider concerns about (the Act) was enacted in 2013 to respond to other centres. the 2010 European Court of Human Rights decision in A, B and C v. Ireland, with the REFUGEES AND ASYLUM-SEEKERS stated aim of ensuring pregnant women’s or There were continuing delays in the girls’ access to abortion when there is a “real determination of individuals’ asylum or and substantial risk” to their life as permitted other protection needs, with many people under the Constitution. Neither the Act nor remaining for years in ”direct provision” related guidance published in September accommodation unsuitable for long-stay 2014 provided sufficient assistance to residence, especially for families, children medical professionals in assessing when and victims of torture. a pregnancy posed such a risk to life, or adequately protected the rights of the VIOLENCE AGAINST WOMEN pregnant woman or girl. In December, the AND CHILDREN Council of Europe’s Committee of Ministers In February 2013, the government published closed its examination of the implementation a report purporting to clarify the state’s of the A, B and C v. Ireland decision.1 interaction with the religious-run “Magdalene The Act recriminalized abortion in all other Laundries”. The report and the ex gratia circumstances, with a potential penalty of 14 compensation scheme announced thereafter years’ imprisonment. fell below adequate standards of truth, justice In July, the UN Human Rights Committee and reparations.4 criticized the criminalization of abortion, and In June, following international outcry at the Act’s requirements of excessive scrutiny allegations of past abuses of women and of pregnant and suicidal women or girls children in so-called ”mother and baby which could lead to further mental distress. homes”, operated by religious orders with The Committee called on Ireland to revise its state funding between the 1920s and 1990s, laws, including its Constitution, to provide for the government committed to establishing an access to abortion in cases of rape, incest, independent Commission of Investigation.5 serious risks to the health of the woman or girl, and fatal foetal impairment. LEGAL, CONSTITUTIONAL OR INSTITUTIONAL DEVELOPMENTS DISCRIMINATION In July legislation was enacted creating the Transgender people Irish Human Rights and Equality Commission In December the government published a as the new National Human Rights Institution bill proposing legislative provision for legal (NHRI), the result of a merger between the gender recognition.2 The bill’s proposals fell Irish Human Rights Commission (the former short of human rights standards, including by NHRI) and Ireland’s equality body. The requiring transgender individuals to dissolve legislation contained two definitions of human their marriages or civil partnerships before rights, limiting the new NHRI’s enforcement applying for legal gender recognition.3 and powers to a narrow definition which People with disabilities excluded the majority of economic, social and Independent registration and inspections cultural rights. of residential care centres for people with The government-appointed Constitutional disabilities began in November 2013. In Convention recommended several

196 Amnesty International Report 2014/15 amendments to the Constitution, including providing for equal access to civil marriage for ISRAEL AND same-sex couples and removing the offence of blasphemy; the government accepted both THE OCCUPIED recommendations and committed to putting them to referendum in 2015. In February, PALESTINIAN the Convention recommended constitutional incorporation of economic, social and TERRITORIES cultural rights. Ireland ratified the Optional Protocol to the State of Israel UN Convention on the Rights of the Child on Head of state: Reuven Rivlin (replaced Shimon a communications procedure in September. Peres in July) In December, the government requested Head of government: Benjamin Netanyahu that the European Court of Human Rights review its 1978 judgment in Ireland v. United Kingdom, a landmark case concerning the Israeli forces committed war crimes and torture and ill-treatment of 14 Irish nationals human rights violations during a 50-day held by UK authorities under internment military offensive in the Gaza Strip that powers in Northern Ireland during 1971-72 killed over 1,500 civilians, including (see UK entry).6 539 children, wounded thousands more civilians, and caused massive civilian displacement and destruction of property 1. Ireland: Submission to the UN Committee on Economic, Social and and vital services. Israel maintained its air, Cultural Rights: Pre-sessional working group (EUR 29/003/2014) sea and land blockade of Gaza, imposing www. amnesty.org/en/library/info/EUR29/003/2014/en collective punishment on its approximately 2. The state decides who I am: Lack of legal gender recognition for 1.8 million inhabitants and stoking the transgender people in Europe (EUR 01/001/2014) humanitarian crisis. In the West Bank, www. amnesty.org/en/library/info/EUR01/001/2014/en Israeli forces carried out unlawful killings of 3. The state decides who I am: Lack of legal gender recognition for Palestinian protesters, including children, transgender people in Europe (EUR 01/001/2014) and maintained an array of oppressive www.amnesty.org/en/library/info/EUR01/001/2014/en restrictions on Palestinians’ freedom of Ireland: Transgender people ‘short-changed’ by new bill (Press movement while continuing to promote release) illegal settlements and allow Israeli settlers www.amnesty.org/en/articles/news/2014/12/ireland-transgender- to attack Palestinians and destroy their people-short-changed-new-bill/ property with near total impunity. Israeli 4. Ireland: Submission to the UN Human Rights Committee (EUR forces detained thousands of Palestinians, 29/001/2014) some of whom reported being tortured, and www.amnesty.org/en/library/info/EUR29/001/2014/en held around 500 administrative detainees 5. Ireland: ‘Tuam babies’ mass grave allegations must spark urgent without trial. Within Israel, the authorities investigation (Press release) continued to demolish homes of Palestinian www.amnesty.org/en/articles/news/2014/06/ireland-tuam-babies- Bedouin in “unrecognized villages” in the mass-grave-allegations-must-spark-urgent-investigation/ Negev/Naqab region and commit forcible 6. Ireland: Decision to reopen “Hooded Men” court case triumph of evictions. They also detained and summarily justice after four decades of waiting (Press release) expelled thousands of foreign migrants, www.amnesty.org/press-releases/2014/12/ireland-decision-reopen- including asylum-seekers, and imprisoned hooded-men-court-case-triumph-justice-after-four-de/ Israeli conscientious objectors.

Amnesty International Report 2014/15 197 BACKGROUND the holding of new elections in March 2015, Tensions between Israelis and Palestinians upon the Prime Minister’s initiative. mounted rapidly amid the collapse of US-sponsored negotiations in April, a ARMED CONFLICT -Hamas reconciliation agreement, Israel’s Protective Edge military offensive, and Israel’s continuing illegal settlement which Israel said it launched in response expansion in the West Bank and blockade to an upsurge in rocket firing into Israel by of Gaza. The tensions flared into renewed Palestinian armed groups in Gaza, killed more armed conflict in July following the killing than 2,000 inhabitants of Gaza, including of at least 15 Palestinians by Israeli forces more than 1,500 civilians, among them some since the beginning of the year, the abduction 539 children. Israeli air and ground attacks and killing of three Israeli teenagers in the damaged or destroyed thousands of civilian West Bank by Palestinian men affiliated to homes and internally displaced around Hamas, the reprisal killing of a Palestinian 110,000 Palestinians, as well as severing youth by Israelis, and rocket-firing from Gaza power generation and water supplies, and into Israel. The Israeli military launched an damaging other civil infrastructure. In Israel, offensive, Operation Protective Edge, on 8 indiscriminate rockets and other weapons July against the Gaza Strip while Hamas and fired by Palestinian armed groups from Gaza other Palestinian armed groups increased in breach of the laws of war killed six civilians, rocket firing into southern Israel. After 10 including one child, injured dozens and days of air strikes, Israel launched a ground damaged civilian property. invasion in Gaza, withdrawing shortly before a During the 50 days of conflict before a US and Egypt-brokered ceasefire took effect ceasefire took effect on 26 August, Israeli after 50 days of hostilities. forces committed war crimes, including The ceasefire brought an end to open disproportionate and indiscriminate attacks conflict but tension remained acute, on Gaza’s densely populated civilian areas as particularly in the West Bank. Community well as targeted attacks on schools sheltering relations were inflamed by a series of attacks civilians and other civilian buildings that the by Palestinians targeting Israeli civilians, Israeli forces claimed were used by Hamas as including one on worshippers in a synagogue; command centres or to store or fire rockets. new killings of Palestinians, including On the night of 30 July, Israeli artillery fire hit protesters, by Israeli forces; the government’s the Jabaliya elementary school where more announcement of new land expropriations than 3,000 civilians had taken refuge, killing and plans to build additional housing units at least 20 and injuring others. It was the sixth for settlers in East Jerusalem; and the time a school being used by the UN to shelter Israeli authorities’ decision in November civilians had been attacked since the conflict to temporarily close access to Jerusalem’s began three weeks earlier. Temple Mount, preventing worshippers from Israeli forces also attacked hospitals and reaching the Al-Aqsa mosque, one of Islam’s medical workers, including ambulance staff holiest sites. Growing international recognition seeking to assist the wounded or retrieve the of Palestine as a state also contributed bodies of those killed. Dozens of homes were to tensions. destroyed or damaged by missiles or aerial In December , Prime Minister Netanyahu bombs with families still inside. For example, dismissed two ministers for reasons including in eight cases documented by Amnesty disagreements on a proposed “Nation-State International, Israeli strikes on inhabited Bill” defining Israel as a state for the Jewish houses killed at least 104 civilians, including people. The Knesset voted for dissolution and 62 children. Often the Israeli military gave no reason for specific attacks.

198 Amnesty International Report 2014/15 In the days immediately leading up to the or approached the “exclusion zone” that ceasefire, Israeli forces launched attacks Israel maintains along the full length of that destroyed three multistorey residential Gaza’s coast. Israeli forces shot dead seven buildings in Gaza City and a modern Palestinian civilians in or near the buffer commercial centre in Rafah, amid vague zone before Operation Protective Edge, and assertions that the residential buildings another after the ceasefire, when the buffer housed a Hamas command centre and zone was to be reduced and the permitted “facilities linked to Palestinian militants” but fishing zone extended. Shooting incidents without providing any compelling evidence remained frequent; some fishermen were also or explanation why, if there were legitimate shot and wounded by Israeli navy forces. military reasons to justify the attacks, less In the West Bank, Israel continued its destructive means were not selected. construction of the wall/fence with attached Israeli authorities sought publicly to guard towers, mostly on Palestinian land, shift the blame for the large loss of life and routing it to afford protection to illegal wholesale destruction caused by the Israeli settlements while cutting off Palestinian offensive in Gaza onto Hamas and Palestinian villagers from their lands. Palestinian farmers armed groups on the grounds that they fired were required to obtain special permits to rockets and other weapons from within or access their lands between the wall and the near civilian residential areas and concealed Green Line demarcating the West Bank’s munitions in civilian buildings. border with Israel. Throughout the West Bank, Israeli forces maintained other restrictions on FREEDOM OF MOVEMENT – the free movement of Palestinians by using GAZA BLOCKADE AND WEST military checkpoints and restricting access BANK RESTRICTIONS to certain areas by preventing Palestinians Israeli forces maintained their land, sea and using bypass roads constructed for the use air blockade of Gaza throughout the year, of Israeli settlers. These restrictions hindered effectively imposing collective punishment Palestinians’ access to hospitals, schools on the territory’s approximately 1.8 million, and workplaces. Furthermore, Israel forcibly predominantly civilian, inhabitants, with all transferred Palestinians out of occupied East imports and exports, and any movements Jerusalem to other areas in the West Bank. of people into or out of Gaza, subject to Restrictions were tightened further Israeli approval; Egypt’s continued closure during Operation Brother’s Keeper, the of its Rafah border crossing kept Gaza Israeli authorities’ crackdown following the effectively sealed. The already severe abduction of three Israeli teenage hitchhikers humanitarian consequences of the blockade, in the West Bank in June. Operation Brother’s in force continuously since June 2007, Keeper saw a heightened Israeli military were evidenced by the sizeable proportion presence in Palestinian towns and villages, of Gaza’s population that depended on the killing of at least five Palestinians, mass international humanitarian aid for their arrests and detentions, the imposition of survival, and were greatly exacerbated by arbitrary travel restrictions and raids on the devastation and population displacement Palestinian homes. caused during Israel’s Operation Protective Edge. EXCESSIVE USE OF FORCE Israeli forces policed the blockade using Israeli soldiers and border guards unlawfully live fire against Palestinians who entered or killed at least 50 Palestinian civilians in the approached a 500m-wide buffer zone that West Bank and continued to use excessive they imposed inside Gaza’s land border with force, including live fire, during protests Israel, and against fishermen who entered against Israel’s continued military occupation,

Amnesty International Report 2014/15 199 when arresting political activists and during DETENTION WITHOUT TRIAL Israel’s 50-day military offensive against Hundreds of Palestinians from the Occupied Gaza. Some killings may have amounted Palestinian Territories were held without to extrajudicial executions. In September, charge or trial under administrative detention the UN Office for the Coordination of orders issued against them on the basis of Humanitarian Affairs reported that the secret information to which they and their number of Palestinians wounded by Israeli lawyers had no access, and were unable forces in the West Bank – more than 4,200 to effectively challenge. The number of since the start of 2014 – already exceeded administrative detainees more than doubled the 2013 total, and that many of those following the security forces’ round-up of wounded, including children, had been Palestinians after the abduction and killing hit by rubber-coated metal bullets fired by of three Israeli teenagers in June, rising from Israeli forces. As in previous years, soldiers nearly 200 in May to 468 in September. and border guards used live fire against protesters, including those who threw stones TORTURE AND OTHER ILL-TREATMENT and other projectiles, who posed no serious Palestinian detainees continued to be tortured threat to their lives. and otherwise ill-treated by Israeli security officials, particularly Internal Security Agency IMPUNITY officials, who frequently held detainees The authorities failed to conduct independent incommunicado during interrogation for investigations into alleged war crimes and days and sometimes weeks. Methods used human rights violations committed by Israeli included physical assault such as slapping forces during Operation Protective Edge and and throttling, prolonged shackling and refused to co-operate with an international stress positions, sleep deprivation, and investigation appointed by the UN Human threats against the detainee and their family. Rights Council. However, they apparently Reports of torture increased amid the wave of co-operated with the UN Secretary-General’s arrests that followed the abduction of Israeli Board of Inquiry, established to look into teenagers in June. incidents relating to UN buildings in Gaza. The authorities failed to take adequate In August, the military’s Chief of General steps either to prevent torture or to conduct Staff ordered an inquiry into more than 90 independent investigations when detainees “exceptional incidents” during Operation alleged torture, fuelling a climate of impunity. Protective Edge where there was “reasonable ground for suspicion of a violation of the HOUSING RIGHTS – FORCED law”. In September, it was announced that EVICTIONS AND DEMOLITIONS the Military Advocate General had closed In the West Bank, Israeli forces continued investigations into nine cases and ordered to demolish Palestinian homes and other criminal investigations into 10 others. structures, forcibly evicting hundreds Authorities also failed to carry out adequate from their homes often without warning or investigations into shootings of Palestinians prior consultation. Families of Palestinians during protests in the West Bank despite who had carried out attacks on Israelis compelling evidence that Israeli forces also faced demolition of their homes as a repeatedly used excessive force and resorted punitive measure. to live fire in circumstances where such lethal Palestinian Bedouin citizens of Israel living means were unwarranted. in “unrecognized” and newly recognized villages also faced destruction of homes and structures because the authorities said that they had been built without permission.

200 Amnesty International Report 2014/15 Israeli authorities prohibited all construction ordered the government to close the Holot without official permits, which were denied facility or establish an alternative legislative to Arab inhabitants of the villages, while arrangement within 90 days. In December, also denying them access to basic services the Knesset passed new amendments to such as electricity and piped water supplies. the law that would allow the authorities to Under the 2011 Prawer Plan, the authorities continue automatic detention of asylum- proposed to demolish 35 “unrecognized” seekers. villages and forcibly displace up to 70,000 Eritrean and Sudanese nationals, who Bedouin inhabitants from their current lands made up more than 90% of an estimated and homes, and relocate them to officially 47,000 African asylum-seekers in Israel, designated sites. Implementation of the plan, continued in practice to be denied access which was adopted without consultation to fair refugee determination procedures. By with the affected Bedouin communities, the end of the year, Israeli authorities had remained stalled following the resignation in extended refugee status to just two Eritreans December 2013 of the government minister and no Sudanese, dismissing many other overseeing it. Official statements announced claims without due consideration. Asylum- its cancellation, but the army continued to seekers were prohibited by law from taking demolish homes and other structures. paid work and had little or no access to health care and welfare services. Meanwhile, the CONSCIENTIOUS OBJECTORS authorities pressured many to leave Israel Military tribunals continued to impose prison “voluntarily” under a process that paid them sentences on Israeli citizens who refused to withdraw their asylum claims and return to undertake compulsory military service to their home countries or travel to third on grounds of conscience. At least six countries. More than 5,000 Eritrean and conscientious objectors were imprisoned Sudanese nationals were reported to have during the year. Omar Sa’ad was released accepted “voluntary return” in the first 10 in June after serving 150 days in a military months of the year, some leaving after facing prison and then declared unsuitable and imminent risk of detention, despite fears exempted from military service. that they faced persecution or torture in the countries from which they had fled. Some REFUGEES AND ASYLUM-SEEKERS were reported to have been detained when Asylum-seekers in need of international they returned to Sudan and accused of spying protection were denied access to a fair for Israel. determination process. Authorities held Israel allegedly maintained secret more than 2,000 African asylum-seekers in agreements with certain African indefinite detention in a facility in the Negev/ countries allowing for the transfer of asylum- Naqab desert. seekers under conditions which denied them The authorities held more than 2,200 access to a fair refugee determination process Eritrean and Sudanese asylum-seekers at in Israel or any protection from possible Holot, a desert detention facility opened after subsequent transfers to their home countries, the government rushed through Amendment including in cases where such returns 4 of the Prevention of Infiltration Law in amounted to refoulement. 2013. In September, the High Court of Justice struck down Amendment 4, under which the authorities had taken powers to automatically detain all newly arrived asylum- seekers for one year, ruling that it infringed the right to human dignity. The Court

Amnesty International Report 2014/15 201 disembarked in Sicily and other southern ITALY ports, including traumatized shipwreck survivors, and to adequately protect Republic of Italy thousands of unaccompanied children. Head of state: Giorgio Napolitano There was no progress in investigating the Head of government: Matteo Renzi circumstances of the deaths of some 200 people who drowned when a trawler carrying over 400 mostly Syrian refugees and migrants Over 170,000 refugees and migrants sank on 11 October 2013. There was concern trying to reach Italy from North Africa on that failures by Maltese and Italian authorities unseaworthy vessels were rescued at sea might have delayed their rescue. by Italian authorities. The government’s In October, in the case of Sharifi and decision to stop a dedicated operation to Others v. Italy and Greece, the European save lives at sea, Mare Nostrum, at the Court of Human Rights found that Italy end of October raised concerns that the had violated the prohibition of collective death toll could increase significantly. expulsions and exposed four Afghan The authorities failed to ensure adequate nationals, who had arrived irregularly, to the reception conditions for the high number risk of ill-treatment and other violations by of seaborne refugees and migrants. returning them to Greece, as well as to the Discrimination against Roma continued, further risk of torture and death in case of with thousands segregated in camps. Italy deportation to Afghanistan. failed to introduce the crime of torture Refugees and asylum-seekers, including into domestic legislation and to establish children, remained at risk of destitution. an independent national human rights In April, the Parliament passed legislation institution. requiring the government to abolish the crime of “irregular entry and stay” within 18 REFUGEES’ AND MIGRANTS’ RIGHTS months. Irregular migrants re-entering the Over 170,000 refugees and migrants arrived country following an expulsion would still face in Italy by sea, including more than 10,000 criminal sanctions. However, “irregular entry unaccompanied children, the vast majority and stay” remained a crime at the end of having departed from Libya. 156,362 had the year. been rescued through Operation Mare In September, the Ministry of the Interior Nostrum (OMN) by the end of October. authorized police to use force to ensure A further 13,668 people were rescued the collection of fingerprints during the by Italian authorities in November and identification of refugees and migrants. December. Despite these unilateral efforts, This was immediately followed by reports over 3,400 refugees and migrants were of excessive use of force in the course of believed to have drowned attempting to identification procedures. cross the Mediterranean. On 31 October, In October, legislation was adopted the government announced OMN’s end, to reducing the maximum period of detention coincide with the start on 1 November of the for irregular migrants pending deportation smaller, border control-focused Operation from 18 months to 90 days. Conditions Triton by Frontex, the EU border management in detention centres for irregular migrants agency. NGOs expressed concern that this remained inadequate. would place people’s lives at risk.1 Migrant workers continued to be exploited The authorities struggled to ensure and remained vulnerable to abuse and were adequate reception conditions for the tens often unable to access justice. of thousands of refugees and migrants who

202 Amnesty International Report 2014/15 DISCRIMINATION – ROMA In March, the Court of Cassation upheld Thousands of Roma families continued to live the convictions of three CIA officials, including in poor conditions in segregated camps and former Rome CIA chief Jeff Castelli and centres, including more than 4,000 in Rome former Milan CIA chief Robert Seldon Lady, alone. The government failed to implement for the abduction of Abu Omar. The Court the National Strategy for the Inclusion of ruled that the CIA operatives were not covered Roma, especially with regard to adequate by diplomatic immunity. In total, 26 US housing. Several forced evictions of Roma nationals had been convicted in their absence were reported across the country. in the Abu Omar case. A European Commission inquiry into possible breaches by Italy of the EU Race TORTURE AND OTHER ILL-TREATMENT Equality Directive in relation to access by Attempts to incorporate the crime of torture Roma to adequate housing was ongoing. into national legislation failed again, a 25-year Roma families transferred from the breach of Italy’s obligations under the UN authorized camp of Cesarina in Rome Convention against Torture. in December 2013, to allow for its In November, the Court of Cassation refurbishment, continued to live in inadequate annulled the conviction for perjury against conditions in a Roma-only reception facility. Francesco Colucci, who was head of police Rome municipal authorities stated they would in Genoa when scores of protesters were return the families to the camp once works tortured and otherwise ill-treated during the were completed. No alternative adequate 2001 G8 summit meeting. Francesco Colucci housing options were made available. had been convicted of perjury for trying to Roma remained excluded from accessing shelter from accountability the then national social housing. Rome housing authorities head of police, Gianni De Gennaro, and a did not withdraw a January 2013 circular senior official of the police special operations discriminating against Roma families living branch of Genoa. The statute of limitation for in authorized camps in the allocation of the offence expired in December rendering a social housing. However, in June, in the retrial impossible. context of the inquiry regarding the EU Race Overcrowding and poor conditions Equality Directive, they stated that they remained common throughout the prison intended to apply the circular in a non- system. Legislation to reduce the length of discriminatory manner. prison sentences for certain offences and to increase the use of non-custodial sentences COUNTER-TERROR AND SECURITY was adopted in August 2013 and February The Italian Constitutional Court ruled in 2014 to ease overcrowding. A national February that the government enjoyed ombudsperson for the rights of detainees was absolute discretion to invoke the “state also created. The measures followed a 2013 secrets” doctrine in national security-related European Court ruling that Italy had violated cases. The Court of Cassation, Italy’s highest the prohibition of torture and inhuman court, affirmed the Constitutional Court ruling or degrading treatment by subjecting and annulled the convictions of high-level detainees to excessively harsh conditions Italian intelligence officials, convicted in due to overcrowded cells and insufficient relation to the abduction of Usama Mostafa living space. Hassan Nasr (known as Abu Omar) from a Milan street in 2003. Following his abduction, DEATHS IN CUSTODY Abu Omar had been handed over to the Despite progress in a few cases, concerns US Central Intelligence Agency (CIA) and remained about the lack of accountability rendered to Egypt, where he was tortured. for deaths in custody as a result of flawed

Amnesty International Report 2014/15 203 investigations and shortcomings in judicial proceedings. JAMAICA In April, the Perugia court of appeal upheld the conviction of a prison officer for falsifying Jamaica documents and failing to assist Aldo Bianzino, Head of state: Queen Elizabeth II, represented by who died in a Perugia prison two days after Patrick Linton Allen his arrest in 2007. The ruling confirmed that Head of government: Portia Simpson Miller there were failings in the initial investigation. In July, in the case of Giuseppe Uva, who died at a hospital in Varese shortly after being Police brutality remained a concern. Attacks stopped by police in 2008, a trial started and harassment of lesbian, gay, bisexual, against seven police officers for manslaughter, transgender and intersex (LGBTI) people unlawful arrest and abuse of authority. In continued. Steps were taken to deal with October 2013, a judge had refused the the issue of impunity. Jamaica retained the prosecutor’s request to close the case and death penalty. had ordered a fresh investigation. Forensic examinations in December 2011 revealed BACKGROUND that Giuseppe Uva may have been raped and Levels of homicide remained high, mainly otherwise ill-treated. in marginalized inner-city communities, In October, the Rome court of appeal although there was a decrease on 2013 acquitted the doctors, nurses and police figures. The Jamaica Constabulary Force officers charged with manslaughter in the reported that 699 people had been killed case of Stefano Cucchi, who died a week up to 14 September, 15% fewer than in the after his arrest in the prison wing of a Rome corresponding period for 2013. hospital in 2009. Forensic evidence was inconclusive. Stefano Cucchi's family was POLICE AND SECURITY FORCES concerned that signs of ill-treatment had Following rising numbers in police killings in been downplayed. recent years (210 in 2011, 219 in 2012 and 258 in 2013), 2014 saw a reduction in the LEGAL, CONSTITUTIONAL OR number of police killings according to the INSTITUTIONAL DEVELOPMENTS Independent Commission of Investigations Italy failed again to establish a national (INDECOM), an independent police oversight human rights institution in accordance agency. By the end of October, 103 civilians with the Principles relating to the Status of had been killed by police, compared with National Institutions (Paris Principles), despite 220 for the same period in 2013. A number having repeatedly committed to doing so. of people were killed in circumstances suggesting that they may have been extrajudicially executed. 1. Lives adrift: Refugees and migrants in peril in the central Following the death of Mario Deane in Mediterranean (EUR 05/006/2014) suspicious circumstances in police custody www.amnesty.org/en/library/info/EUR05/006/2014/en in August, in September the Ministers of Justice and National Security announced a review of the detention system in order to “develop a strategic response to the issue of the treatment of persons in lock-ups and correctional facilities”. The Criminal Justice (Suppression of Criminal Organizations) Act, which is aimed

204 Amnesty International Report 2014/15 at “disruption and suppression of criminal Following a Senate motion in October 2013 organizations” became law in April. Concerns calling for greater legislative protection for were raised that this law could be used to women and girls, a joint select committee criminalize whole communities by association. of Parliament was finally established in July In February a Commission of Enquiry was 2014 to review the Sexual Offences Act, finally established into the state of emergency Offences against the Person Act, Domestic of May 2010, when 76 civilians were killed Violence Act, and the Child Care and during an operation by the security forces. Protection Act, with the objective of improving The three-person Commission began its protection for women, children, persons living work on 1 December. In April the Office of with disabilities and the elderly from violence the Public Defender handed over all files and abuse. pertaining to its investigations into the state of emergency to INDECOM. The files include CHILDREN’S RIGHTS the cases of 44 people alleged to have been Children continued to be kept in police cells unlawfully killed by the security forces. alongside adults, in some cases for several Eleven police officers from Clarendon days, in contravention of the Child Care and suspected of being part of a “death squad” Protection Act and international law. were arrested and charged in April by INDECOM. They were alleged to have been RIGHTS OF LESBIAN, GAY, BISEXUAL, involved in the murder of nine civilians since TRANSGENDER AND INTERSEX PEOPLE 2009. Investigations were ongoing at the end Consensual sex between men remained of the year. criminalized. LGBTI organizations continued to report attacks, harassment and threats JUSTICE SYSTEM against individuals based on their real or Overburdened courts led to continued perceived sexual orientation, which were not delays in the justice system. In February, fully and promptly investigated. the National Security Minister stated there On 14 June a mob attacked a young man was a backlog of approximately 40,000 at a shopping mall in the town of May Pen cases. In June, the Chief Justice said that because he was allegedly seen putting on the unavailability of forensic evidence, lipstick. There was no police investigation into outstanding statements and ballistic the incident. reports, as well as an absence of adequate In August, Javed Jaghai, a member of court infrastructure, human and financial the Jamaica Forum of Lesbians, All-Sexuals resources, were seriously hampering the and Gays, discontinued the constitutional justice system. challenge he had filed in February 2013 against laws criminalizing sex between men, VIOLENCE AGAINST WOMEN AND GIRLS following the receipt of threats against him Sexual violence against women and girls and his family. remained a concern. Police statistics from the A “conscience vote” by MPs on legislation 2013 Economic and Social Survey published criminalizing consensual same-sex relations, in April 2014 by the Planning Institute of which the government announced would be Jamaica showed that 814 cases of rape were held before April, did not take place. recorded in 2013, and that 128 women were murdered in 2013. A review of the draft National Strategic Action Plan to Eliminate Gender-Based Violence, announced in September 2013, was still ongoing at the end of 2014.

Amnesty International Report 2014/15 205 to discrimination, hostility or violence, in line JAPAN with international standards.1

Japan JUSTICE SYSTEM Head of government: Shinzo Abe The daiyo kangoku system, which allows police to detain suspects for up to 23 days prior to charge, continued to facilitate Japan continued to move away from torture and other ill-treatment to extract international human rights standards. The confessions during interrogation. Despite government failed to effectively address recommendations from international bodies, discrimination against foreign nationals and no steps were taken to abolish or reform the their descendants living in Japan, such as system in line with international standards. ethnic Koreans. It also failed to refute and combat attempts to deny Japan's military VIOLENCE AGAINST WOMEN AND GIRLS sexual slavery system during World War The government attempted to back away II. The number of recognized refugees from the landmark apology – known as the remained very small. It was feared that Kono Statement – it had made two decades the Act on the Protection of Specially earlier to the survivors of the military sexual Designated Secrets which came into force slavery system, in which it had acknowledged in December could negatively impact responsibility and apologized to the survivors. transparency. In June the results were made public of a government-appointed study group which DISCRIMINATION re-examined the drafting process of the Kono The government failed to speak out Statement. Although previous discussions against discriminatory rhetoric, or curb and decisions were respected, the review the use of racially pejorative terms and itself increased tensions with neighbouring harassments against ethnic Koreans and their countries such as the Republic of Korea, as it descendants, who are commonly referred was seen as an attempt to deny governmental to as Zainichi (literally "residing in Japan"). responsibility. Several high-profile public Public demonstrations were held in towns figures made statements to deny or justify the with a high proportion of Korean residents. system. The government continued to refuse In December, the Supreme Court ruled to to officially use the term “sexual slavery”, ban the high-profile group “Zainichi Tokken and to deny full and effective reparation wo Yurusanai Shimin no Kai” from using to survivors. discriminatory and intimidating language while demonstrating near an ethnic Korean DEATH PENALTY elementary school located in Kyoto. This Executions continued to be carried out. In decision marked the first time that the issue March a district court ordered a retrial and was treated as one of racial discrimination, the immediate release of Hakamada Iwao. based on the definition in the International Hakamada had been sentenced to death Convention on the Elimination of All Forms in 1968 after an unfair trial on the basis of of Racial Discrimination, rather than coming a forced confession, and was the longest- under other criminal offences such as serving death row inmate in the world. He defamation or damage of property. However, suffers from mental illness due to more than by the end of the year the government four decades of detention mainly in solitary had still not passed legislation prohibiting confinement. The Prosecutor’s appeal against advocacy of hatred that constitutes incitement a retrial was being examined at the Tokyo High Court.

206 Amnesty International Report 2014/15 REFUGEES AND ASYLUM-SEEKERS and the dissemination of ideas deemed An estimated 4,500 individuals applied for supportive of terrorism. The State Security asylum in Japan but the numbers of refugees Court (SSC) continued to try people accused recognized under the UN Refugee Convention under anti-terrorism legislation; some remained very small. A steady increase in the of the accused alleged torture or other number of applications has occurred since ill-treatment. Jordan continued to receive 2006. Applicants from Myanmar decreased and host thousands of refugees from Syria and there was an increase in applicants from and, increasingly, Iraq, but barred entry countries such as Ghana and Cameroon. to Palestinians from Syria. Women faced discrimination in law and in practice; at FREEDOM OF EXPRESSION least 14 people were victims of so-called The Act on the Protection of Specially “honour killings”. Eleven prisoners were Designated Secrets came into force in executed in December, the first executions December 2014. This would allow the since 2006. government to classify information as “Specially Designated Secrets (SDS)” when a BACKGROUND “leak can cause a serious obstacle to national Jordan felt the impact of events beyond its security” in the categories of defence, borders, notably the armed conflicts in Syria diplomacy and so-called “harmful activities” and Iraq, and Israel’s military offensive in and “terrorism”. The law could restrict Gaza. The Syrian conflict generated further transparency by limiting access to information refugee flows into Jordan. Jordan hosted over held by public authorities, as the definition 600,000 refugees from Syria, according to of SDS was vague and the monitoring body UNHCR, the UN refugee agency, and 30,000 lacked binding powers. refugees from Iraq. Demonstrations in March over the killing of a Jordanian judge by Israeli forces at the Allenby Bridge crossing between 1. Japan: Submission to the UN Human Rights Committee: 111th session Jordan and the West Bank were followed by of the Human Rights Committee (7-25th July 2014) mass protests in July and August against www.amnesty.org/en/library/info/ASA22/002/2014/en Israel’s bombing campaign in Gaza. Conditions were tense along the border with Syria and the government tightened controls there and along the border with Iraq. In April, the government said Jordanian JORDAN warplanes had fired on members of Syrian armed groups seeking to cross into Jordan. Hashemite Kingdom of Jordan In June, the USA agreed to send missiles and Head of state: King Abdullah II bin al-Hussein military aircraft to Jordan, and in September, Head of government: Abdullah Ensour Jordan joined the US-led international alliance against the Islamic State armed group. The government made little progress in The authorities maintained strict controls implementing promised political reforms but on the rights to freedom of expression, the King gained sole authority to appoint the association and assembly. Government heads of the armed forces and the General critics faced arbitrary arrest and detention; Intelligence Department (GID) under a some were prosecuted and jailed. The constitutional amendment. government amended the 2006 Anti- Terrorism law to encompass acts deemed disruptive to Jordan’s foreign relations

Amnesty International Report 2014/15 207 FREEDOMS OF EXPRESSION, offence. He was released on bail one week ASSOCIATION AND ASSEMBLY later awaiting trial. The government maintained strict controls Also in July, the SSC imposed three-month on freedom of expression, using provisions prison terms on three peaceful pro-reform criminalizing defamation of the monarchy activists, Mahdi al-Saafin, Ayham Mohamed and other institutions and religion, the Press Alseem and Fadi Masamra, on charges of and Publications Law, and the 2010 Law “undermining” the state and “insulting” on Information System Crimes, which gave the King. the authorities wide powers to censor print, Mohamed Said Bakr and Adel Awad, senior broadcast and online media. The authorities Muslim Brotherhood members, were brought blocked some news websites. to trial before the SSC following their arrest In early 2014, the jurisdiction of the in September, accused of threatening state State Security Court (SSC) was restricted to security in public statements that criticized five crimes: treason, , terrorism, Jordan’s leaders and links with the USA. In drugs offences, and money counterfeiting. December, the case against Adel Awad was However, amendments to the Anti-Terrorism thrown out due to lack of evidence. Law enacted in May imposed new curbs on freedom of expression by equating acts TORTURE AND OTHER ILL-TREATMENT deemed to disrupt Jordan’s foreign relations, Torture and other ill-treatment remained a including criticism of foreign leaders, and the significant concern. Among those alleging dissemination of certain ideas, with terrorism. such abuses were detainees arrested on The authorities continued to detain and suspicion of supporting or fighting for armed prosecute political opposition activists, online groups, such as Jabhat al-Nusra, in Syria. critics and journalists, including members of In June, the SSC acquitted Abu Qatada the banned Hizb ut-Tahrir party, at least 18 of terrorism charges. UK authorities had of whom faced trial before the SSC, despite deported him to Jordan in 2013 after its poor record of upholding international negotiating diplomatic assurances allegedly fair trial standards. In March, Nayef Lafi and to ensure that “confessions” gained from Ibrahim al-Kharabsheh were arrested as they others through torture would be inadmissible lobbied parliament against amendments in a new criminal trial. In reaching its verdict to the Anti-Terrorism Law, and faced up to the SSC did not disregard the “confession” seven years’ imprisonment on charges of evidence, considering it a matter of record, “illegal actions” threatening the government, but concluded that it was not supported and membership of a banned organization. by other evidence. In September, the SCC Wassim Abu Ayesh was tried by the SSC on acquitted Abu Qatada on separate charges terrorism charges. He was accused of posting and ordered his release. an Islamic State group video on Facebook, which he claimed was in fact a film about ADMINISTRATIVE DETENTION the abuse of detainees in Iraq, and said that Provincial authorities held hundreds, his interrogators made him sign a statement possibly thousands, of criminal suspects without allowing him to read it. in administrative detention without charge In July, security forces attacked and or trial using the Law on Crime Prevention, assaulted journalists at an anti-Israel in force since 1954. The law empowers protest in Amman. In August, they arrested provincial governors to authorize the arrests Abdulhadi Raji Majali, an Al Ra’i newspaper and indefinite detention of those they deem journalist, by order of Amman prosecutors for a “danger to society” and affords those an online post to which the authorities took detained no means of appeal or legal remedy.

208 Amnesty International Report 2014/15 REFUGEES' AND MIGRANTS’ RIGHTS obtained from a judge. Jordanian NGO Jordan hosted over 600,000 refugees Sisterhood is Global reported that 13.2% from Syria, about one third of whom were of registered marriages in 2013 took place accommodated in six camps, the largest of before the bride’s 18th birthday. which had a population of over 100,000. The majority of refugees lived in towns and DEATH PENALTY cities throughout Jordan. While in principle Eleven men were executed on 21 December, maintaining an open-border policy to refugees the first executions in Jordan since 2006. This from Syria, the authorities closed the border followed the establishment in November of a to Syrian refugees on a number of occasions special committee of the cabinet to look into and prevented the entry into Jordan of the resumption of executions. Palestinians and Iraqis fleeing the Syrian conflict. The presence of so many refugees was a huge economic strain and placed a burden on Jordan’s resources, including water, education and health care. Insecurity KAZAKHSTAN increased due to the potential for the conflict to spread into Jordan. Republic of Kazakhstan Head of state: Nursultan Nazarbayev WOMEN’S RIGHTS Head of government: Karim Massimov (replaced Women remained subject to discrimination Serik Akhmetov in April) in law and practice, and were inadequately protected from sexual and other violence, including so-called honour crimes. Tens of There was no improvement in investigating thousands of women married to foreigners reports of human rights violations by law continued to be denied the right to pass on enforcement and security services and their nationality to their spouses and children. holding alleged perpetrators to account. In November, the government afforded them Bureaucratic obstacles and opaque internal greater access to education and medical care, ministerial regulations prevented victims but failed to end discrimination. The Ministry of torture and their relatives from obtaining of Justice was also reportedly considering justice. Similar obstacles continued to Penal Code changes to protect women hinder effective independent monitoring of against sexual harassment. places of detention. The right to freedom of At least 12 women and two children, a assembly continued to be restricted. Civil girl and a boy, were victims of so-called society activists feared that new legislative honour killings. In at least two cases courts proposals would restrict their freedoms of immediately commuted the death sentences expression and association. imposed on perpetrators of such killings to 10-year prison terms, apparently under TORTURE AND OTHER ILL-TREATMENT a provision allowing courts to commute The authorities repeatedly asserted their or reduce sentences if the victim's family commitment to eliminating torture and requests leniency. other ill-treatment. In September 2013, In July, UNICEF, the UN children’s agency, the Prosecutor General instructed national reported an increase in early marriage among prosecutors to “open a criminal investigation Syrian refugees, noting the associated risks into every incident of torture”. However, in this posed to girls. The legal age of marriage practice investigations into allegations of for women in Jordan was 18 unless special torture and other ill-treatment fell far short dispensation for an earlier marriage was

Amnesty International Report 2014/15 209 of international standards and failed to “absence of elements of a crime”, official deliver justice. language typically used after inadequate In November the UN Committee against internal investigations. The website also Torture expressed concern at “the gap stated that in 2013 and the first half of 2014, between legislation and protection from 31 police officers were convicted of torture- torture”, noting that the use of torture and related crimes, but did not specify the nature other ill-treatment to obtain confessions of the crimes committed, nor the number of “went beyond isolated incidents”, and that incidents these related to. less than 2% of complaints of torture led In November 2013, Kostanai Regional to prosecution. In October, at Kazakhstan’s Court awarded 2 million Kazakhstani Tenge second round Universal Periodic Review, the (US$13,000) in compensation to Aleksandr UN Human Rights Council recommended Gerasimov following a decision by the UN that Kazakhstan establish an independent Committee against Torture in May 2012, investigations mechanism. which found Kazakhstan responsible for his The Criminal Procedural Code provides torture. However, the authorities had yet to that an official body should not investigate carry out a full and independent investigation complaints against its own officials. However, into Aleksandr Gerasimov’s torture complaint. complaints of torture and other ill-treatment In November, Roza Tuletaeva, a labour made against law enforcement and national rights activist, was released from prison on security officials were routinely referred to parole. She had been serving a five-year the internal investigations departments of the sentence for “inciting social discord” during Ministry of Internal Affairs, Financial Police or the 2011 oil workers’ strike in Zhanaozen. the Committee for National Security (KNB). At her trial in 2012 she told the court that These internal investigation departments are she had been tortured during interrogations. governed by internal regulations, which have There was no information of any impartial not been made public. In practice this meant investigations into her allegations of torture. that instead of an impartial investigation by a separate authority, torture complaints COUNTER-TERROR AND SECURITY were put through an internal screening The authorities continued to invoke process, which usually failed to check countering terrorism and other threats to them objectively. In most cases, screening national security as crucial to securing procedures concluded that complaints were national and regional stability. There were unfounded or that the perpetrators could not frequent reports of KNB officers violating be identified. human rights, including using torture and Independent NGOs registered between other ill-treatment to obtain confessions. 350 and 400 complaints of torture and other Among those particularly targeted by the ill-treatment in Kazakhstan annually in 2013 KNB were members or presumed members and 2014. However, they estimated that of banned or unregistered Islamic groups since 2010 the authorities had succeeded and Islamist parties; members of religious in bringing only some 50 officials to justice. minorities; and asylum-seekers from According to the website of the Office of the neighbouring countries, particularly China Prosecutor General, only 43 crimes of torture and Uzbekistan. were registered from January to September, Relatives of some of those convicted with 47 individuals identified as alleged of terrorism-related offences claimed that victims, including 11 prisoners, three minors prisoners in Shymkent and Arkalyk high and one elderly person. During the same security prisons were serving their sentences period, 17 torture-related cases went on trial in cruel, inhuman and degrading conditions. and 30 cases were closed because of the

210 Amnesty International Report 2014/15 Only limited independent monitoring access political slogans without prior permission was allowed at these facilities. were often regarded as violations of legislation In January 2013, legislation was introduced on public protests. In several incidents law which provided for broader measures in enforcement officials used force to break up countering terrorism and extremism, and unauthorized peaceful meetings. In dozens of the newly adopted Criminal Code, signed cases, organizers and participants were fined by President Nazarbayev on 3 July 2014 or sentenced to administrative detention for and expected to come into force in January up to 15 days. 2015, lowered the age of criminal liability for terrorism-related offences to 14 years. The FREEDOM OF ASSOCIATION crime of “terrorism with loss of life”, in Article NGO registration was compulsory. Authorities 49.1 of the Criminal Code, was the only crime enjoyed wide discretion to deny such status still punishable by death although Kazakhstan and to close down groups for alleged, remained abolitionist in practice. often minor, violations of the law. The new Criminal Code and other related laws PRISON CONDITIONS contained provisions that human rights In 2013 Kazakhstan adopted legislation to set groups believed could be used to harass up a National Preventive Mechanism (NPM). NGOs and their members, and to restrict their Its civil society members were elected on legitimate activities. 19 February 2014 at the first session of the The new Criminal Code classified “leading, NPM Coordination Council, after which they participating in or financing unregistered or began monitoring detention facilities across banned associations” as criminal offences. It Kazakhstan. However, the NPM mandate also criminalized “unlawful interference” in did not extend to all places of deprivation of the activities of state agencies by members liberty. For example, the monitoring group of public associations and defined leaders of was not permitted to inspect offices of police public associations as a separate category of departments and had no access to other offenders, providing for stiffer penalties for closed state institutions such as orphanages, them for a number of crimes. nursing homes and military barracks. The A working group set up by the Ministry of NPM also faced bureaucratic obstacles: in Culture was drafting a law regulating NGO order to undertake an urgent and unplanned activities that would establish legal grounds visit, NPM members had to obtain written for channelling all state and non-state funding permission from the Ombudsman, which for NGOs through a special NGO set up by could only be obtained during working hours, the government. NGOs were concerned this thus restricting the NPM’s ability to respond might limit their opportunities for independent rapidly to reports of torture. The NPM was fundraising. also not allowed to publish the results of its findings until the Ombudsman had approved FREEDOM OF EXPRESSION – MEDIA its annual report. Freedom of expression significantly deteriorated for independent media. In FREEDOM OF ASSEMBLY February, Pravdivaya Gazeta newspaper was Freedom of assembly was restricted and closed down under a court ruling for minor peaceful protesters continued to be detained transgressions. Social media and blogs were and fined. Activists were required to obtain often restricted and internet-based resources prior permission from the local authorities for were blocked by court decisions taken in any public gathering or single-person picket. closed proceedings, due to their supposedly Distributing leaflets, joining spontaneous extremist or otherwise illegal content. protests or wearing clothing displaying

Amnesty International Report 2014/15 211 occurred in various places including in a KENYA restaurant, a densely populated market and on commuter buses. The majority of the Republic of Kenya attacks took place in northeastern Kenya, Head of state and government: Uhuru Muigai Nairobi, Mombasa and Lamu. Kenyatta On 23 March, gunmen opened fire in a Mombasa church during a service, killing six and injuring at least 15 people. Attacks attributed to the Somali-based On 15 June, gunmen attacked the town armed group, Al-Shabaab, increased. Police of Mpeketoni in Lamu County, killing at counter-terror operations resulted in several least 48 people. The gunmen also burned deaths and the arrest of hundreds of people. 44 vehicles and about 26 buildings. At least The authorities intensified measures to 14 other people were killed in two separate restrict and control the activities of civil attacks in nearby villages on 16 and 24 society organizations. There were incidents June. Al-Shabaab claimed responsibility of unlawful killing, rape, torture or other for the attacks but the authorities blamed ill-treatment by the police. Violence against local politicians. The Governor of Lamu women and girls persisted. County was arrested and released on bail on suspicion of being involved in the killings, BACKGROUND but investigations failed to gather sufficient Kenya’s economy and security were affected evidence against him. An investigation by by a number of violent attacks in north- the Independent Policing Oversight Authority eastern Kenya, in the capital, Nairobi, (IPOA) into police action around the attacks and the coastal towns of Mombasa and found that the police response was slow and Lamu, which triggered the adoption of new disjointed. A dusk-to-dawn curfew imposed in security laws with wide-reaching human Lamu town in the aftermath of the killings was rights implications. Implementation of the lifted on 24 December. devolved system of government continued On 22 November, gunmen attacked a although challenges remained including bus in Mandera, northeastern Kenya, killing inconsistent policy, legal and institutional 28 passengers. The gunmen reportedly frameworks. County authorities demanded separated Muslims from non-Muslims before constitutional amendments to increase their killing the latter. On 2 December, 36 miners share of national treasury resources. The trial were killed in another attack at a quarry in of Deputy President William Samoei Ruto Koromei, Mandera County. Following the and journalist Joshua Arap Sang continued attacks, the Inspector General of Police at the International Criminal Court while resigned; the Cabinet Secretary of Interior the Prosecutor withdrew charges against and Co-ordination of National Government President Kenyatta. was sacked. Also in December, the government hastily and without meaningful COUNTER-TERROR AND SECURITY public participation enacted a new security Violent attacks increased, mostly attributed law, amending numerous provisions in 22 to Al-Shabaab, an armed group operating existing laws with far-reaching human rights in Somalia. Al-Shabaab claimed the attacks implications. Among other things, it creates were in retaliation for the continued presence new criminal offences with harsh penalties, of Kenya’s armed forces in Somalia, as part limits the rights of arrested and accused of the African Union Mission to Somalia people, expands the powers of intelligence (AMISOM). Grenade and bomb attacks officers to arrest suspects and monitor resulting in fatalities and serious injuries communications, and caps the number of

212 Amnesty International Report 2014/15 refugees in Kenya at 150,000. The law was accused by the police of recruiting youths enacted despite a chaotic and disorderly into Al-Shabaab was gunned down in a parliamentary sitting. Mombasa street. In June, an anti-jihad cleric The police conducted a number of counter- and chairperson of the Council of terror operations during the year including and Preachers of Kenya was shot dead at in believed to be recruiting and a mosque. In November a Muslim cleric training young attendees to become jihadists. supportive of government efforts against In February, seven people were reportedly radicalization was shot dead. shot dead while 129 were arrested when the police conducted an operation in a mosque in INTERNATIONAL JUSTICE Mombasa. Most of those arrested were later The International Criminal Court (ICC) trial released without charge. One man who was of Deputy President William Samoei Ruto arrested during the operation has not been and journalist Joshua Arap Sang for alleged seen since. crimes against humanity committed during In April, thousands of Somali refugees the 2007/2008 post-election violence and asylum-seekers were arbitrarily arrested, continued throughout the year. The trial was harassed, extorted and ill-treated as part of a undermined by alleged witness intimidation counter-terror operation known as “Usalama and bribery, and the withdrawal of other Watch” (see Somalia entry). Over five witnesses. The Trial Chamber issued thousand individuals were forcibly relocated summonses to nine prosecution witnesses to refugee camps in northern Kenya and who no longer wished to appear voluntarily. at least 359 others were expelled back to By the end of the year, three of the nine Somalia. In June, the High Court ruled that witnesses had testified via video-link from an the forced relocation of refugees to camps undisclosed location in Nairobi. was constitutional, contradicting a previous On 5 December, the ICC Prosecutor decision on the same matter. In July, the withdrew charges against President Kenyatta. IPOA issued a report which concluded He had been charged with crimes against that, in addition to violating human rights, humanity committed during the post-election the operation was counter-productive as it violence. The Prosecutor explained that the engendered perceptions of ethnic profiling evidence at her disposal was insufficient to and discrimination among Somalis. prove President Kenyatta’s alleged criminal In November, the police conducted responsibility beyond reasonable doubt. She operations in four mosques in Mombasa. One stated that efforts by her office to gather person was shot dead during the operations relevant evidence had been hampered while more than 300 were arrested. The by the death of several key witnesses, police reported that they recovered grenades intimidation of prosecution witnesses and other crude weapons from the mosques. leading to the withdrawal of at least seven The operations provoked violent clashes testimonies, and non-co-operation by the in Mombasa. Kenyan government. On 3 December, while The Anti-Terror Police Unit continued to rejecting the Prosecutor’s request for a be accused by both local and international further adjournment of the case, the ICC Trial civil society organizations of human rights Chamber ruled that the Kenyan government’s violations including extrajudicial killings conduct in the case fell short of the standard and enforced disappearances. A number of good faith co-operation but declined to of Mombasa-based Muslim clerics were refer a formal finding of non-co-operation to shot dead by unidentified assailants during the Assembly of States Parties. the year; both radical and moderate clerics were targeted. On 1 April, a Muslim cleric

Amnesty International Report 2014/15 213 The ICC arrest warrant issued for Walter death penalty and posthumous convictions. Osapiri Barasa had not been executed at the The draft bill was pending at the end of end of the year. the year. The government continued its efforts to discredit and weaken the ICC. In March, POLICE AND SECURITY FORCES Kenya submitted to the UN Secretary-General Police reforms five proposed amendments to the Rome In April, the National Police Service Statute of the ICC, including that Article Commission Act was amended, subjecting 27 be amended to preclude the ICC from the human resources functions of the prosecuting heads of state and government National Police Service Commission (NPSC) while in office. In November, the Kenyan to the authority of the Inspector General of government requested the inclusion of a Police. In June, the National Police Service supplementary agenda item titled “Special Act was amended to make the Inspector session to discuss the conduct of the Court General of Police responsible for all matters and the Office of the Prosecutor”, to the relating to the command and discipline of the provisional agenda of the 13th session of the police. The police operated without adequate Assembly of State Parties in December. The resources and equipment. On 31 October, request was denied. at least 19 police officers were ambushed and killed by armed bandits in Kapedo, IMPUNITY – POST-ELECTION VIOLENCE Baringo County. Perpetrators of crimes committed during the The vetting of police officers continued. At post-election violence remained unpunished the end of November, the NPSC had vetted at the national level. In February, the Director 198 police officers, 16 of whom were deemed of Public Prosecutions announced that a unfit to serve in the force mainly for reasons review of more than 4,000 post-election related to corruption. The process was investigation files had failed to identify any hampered by lack of finances, limited public prosecutable cases due to lack of evidence. participation, and the resignation of four key In March a group of internally displaced members of the vetting board. Local NGOs people protested outside State House against and the IPOA expressed concern that the the government’s failure to provide them process had failed to clean up the force and with assistance. No concrete steps were that it had not seriously taken into account taken to establish the International Crimes the human rights record of police officers. Division of the High Court or to implement the Human rights violations by police recommendations of the Truth, Justice and There were incidents of unlawful killing, rape Reconciliation Commission. and torture or other ill-treatment by police. Three civil cases filed by victims and civil In August, a 14-year-old girl was shot society organizations challenging the failure of dead when eight police officers stormed the government to address various violations her family’s home ostensibly to arrest her committed during the post-election violence uncle. Two police officers were subsequently were still pending at the end of the year. charged with her murder. In October, an opposition political party In October, a woman who had gone to a submitted to Parliament a draft bill titled “The police post to report an assault was reportedly Post Election Violence Tribunal Bill – 2014”. raped by a police officer. The IPOA launched The draft bill proposed the establishment of a investigations into the incident. tribunal to try perpetrators of crimes against During the year, at least two separate humanity committed during the post-election police county commanders issued public violence. Provisions in the draft bill included statements instructing police officers under trials in the absence of the accused, the their command to use lethal force against

214 Amnesty International Report 2014/15 suspected terrorists. The Kenya National persisted. Despite a 2011 law prohibiting Commission on Human Rights and the IPOA female genital mutilation (FGM), the practice condemned the instructions as unlawful. continued in several parts of the country including in northern Kenya and among the CRACKDOWN ON CIVIL Maasai, Kisii and Kuria ethnic communities. SOCIETY ORGANIZATIONS In June, hundreds of women and men from The authorities intensified measures to restrict the Maasai community held two separate and control the activities of civil society demonstrations protesting against the organizations. In May, Parliament published prohibition of FGM. The police took action a bill proposing amendments to the Public against government local administrators who Benefits Organizations (PBO) Act. In October, were alleged accomplices in acts of FGM. In an earlier proposal to limit foreign funding of April, a chief was charged in court after his NGOs to 15% was retabled in Parliament. two daughters underwent FGM, while another In December, the government deregistered was charged with failing to report acts of FGM and froze the financial accounts of 510 carried out within his administrative area. NGOs that it said had not complied with the In November in Nairobi, there were at NGO law. Among these were 15 unnamed least five incidents of public stripping and NGOs accused of financing terrorism. The groping of women deemed by mobs of men government also issued a 21 days’ notice to to be indecently dressed. In one incident a 10 international NGOs and two other local police officer was part of a group of men on NGOs to submit audited financial accounts. a commuter bus who groped and threatened a woman with rape. The perpetrators of the HOUSING RIGHTS – FORCED EVICTIONS incident were charged in court with a number In February, a taskforce established in 2012 of offences. Following a public demonstration to develop an evictions and resettlement on 17 November calling on the authorities law presented a proposed bill to the Cabinet to take swift action to prevent and punish Secretary for Land, Housing and Urban acts of violence against women, the police Development. In March, the Cabinet formed an Anti-stripping Squad to monitor Secretary issued a public statement pledging and investigate incidents of public stripping to expedite the enactment of an evictions law. of women. By the end of the year, the draft bill had not been submitted to Parliament for debate. In October, the High Court ordered the government to pay compensation of 33.6 million shillings (US$390,000) to residents of City Carton informal settlement in Nairobi, who were forcefully evicted from their homes in May 2013. The High Court ruled that the government was under an obligation to protect slum dwellers from forced eviction by third parties. By the end of the year, the government had not complied with a number of orders emanating from previous court decisions on the right to housing.

VIOLENCE AGAINST WOMEN AND GIRLS Violence against women and girls, including rape and other forms of sexual violence,

Amnesty International Report 2014/15 215 that the apparent economic opening could KOREA create greater income disparities. It was not accompanied by an improvement in the (DEMOCRATIC general human rights situation. The government attempted to bring in PEOPLE’S foreign exchange currency, including through tourism. Despite such efforts, the state REPUBLIC OF) remained highly sensitive to any actions by foreign visitors that were perceived to Democratic People's Republic of Korea be spreading political or religious ideas not Head of state: Kim Jong-un compatible with those promoted by the state. Head of government: Pak Pong-ju Freedom of information was limited and the internet was not publicly accessible. A national “intranet” was set up instead. The UN released a comprehensive report A rare display of accountability from the on the human rights situation in the government was seen in May, when state Democratic People’s Republic of Korea media reported promptly the collapse of an (North Korea, DPRK), which gave details apartment building in the capital, Pyongyang, on the systematic violation of almost the that killed more than 300 people. Foreign entire range of human rights. Hundreds media in Pyongyang reported that citizens of thousands of people continued to had expressed their anger over the incident be detained in prison camps and other and the government issued an apology over detention facilities, many of them without faulty construction methods. being charged or tried for any internationally recognizable crime. Freedoms of expression, INTERNATIONAL SCRUTINY religion and movement, both within and The UN Commission of Inquiry on Human outside the country, remained severely Rights in the Democratic People’s Republic restricted. The fate of people forcibly of Korea released its report in February.1 disappeared was still unknown, despite The 372-page document presented a the government admitting the involvement comprehensive review of “systematic, of state agents in the abduction of some widespread and gross human rights individuals. violations” and concluded that many of these amounted to crimes against humanity. BACKGROUND The report was presented to the UN The third year of Kim Jong-un’s rule started in Human Rights Council in March, where a December 2013 with the high-profile trial and strong resolution was passed welcoming execution of Jang Song-taek, vice-chairman the report, which garnered support from a of the National Defence Commission and majority of Council member states.2 uncle of Kim Jong-un. This was believed to The DPRK underwent a second Universal be the beginning of a series of political Periodic Review (UPR) process in May. in order to further consolidate Kim Jong- The government was more engaged than un’s power, although there were no other during its first UPR in 2010, and this time confirmed executions of political opponents gave responses on which recommendations linked with Jang during 2014. it supported, including those relating to An officially illegal, but government- the effective operation of humanitarian aid. tolerated, private economy continued to However, the government refused to accept expand, including privately operated food more than half of the recommendations, and clothing stalls. It was feared by observers in particular those directed at co-operation

216 Amnesty International Report 2014/15 with the Commission of Inquiry and the FREEDOM OF RELIGION Special Rapporteur on the situation of human The practice of any religion continued to rights in the DPRK. It also rejected outright be severely restricted. Both DPRK and recommendations to close its political prison foreign nationals reportedly received heavy camps, or to allow foreign victims of enforced punishments for exercising their freedom of disappearance to return freely to their religion, including detention in prison camps.4 countries of origin.3 John Short, an Australian missionary, In December, the UN General Assembly was arrested for promoting his religious passed a strong resolution recommending the beliefs and was deported in March only referral of the human rights situation in the after apologizing publicly. Kim Jung-wook, a DPRK to the International Criminal Court. missionary from South Korea, was detained for more than six months without access to a ARBITRARY ARRESTS AND DETENTIONS lawyer, before being convicted of setting up Hundreds of thousands of people remained an underground church and spying. He was detained in political prison camps and sentenced to forced hard labour for life. other detention facilities, where they were Jeffrey Fowle, a tourist from the USA, was subject to systematic, widespread and gross arrested in May for leaving a bible at a club human rights violations such as extrajudicial in Chongjin. He was detained for more than executions and torture and other ill-treatment, five months without trial before being released including beatings, long periods of forced in October. hard labour without rest and deprivation of food. FREEDOM OF EXPRESSION Many of those held in political prison Authorities continued to impose severe camps had not been convicted of any restrictions on the exercise of the right internationally recognizable crime, but were to freedoms of expression, opinion and relatives of those deemed threatening to the peaceful assembly. There appeared to be administration. They were detained without a no independent civil society organizations, fair trial, through “guilt-by-association”. newspapers or political parties. North Koreans The government continued to deny the were liable to be searched by authorities for existence of political prison camps, even the possession of foreign media materials, though satellite images showed not only their and could be punished for listening to, presence, but also ongoing expansion at watching or reading such materials. some of the camps as of the end of 2013. North Koreans as well as foreign citizens FREEDOM OF MOVEMENT were subject to arbitrary detention after Border controls remained tight. The number unfair trials. Kenneth Bae and Matthew Todd of people arriving in South Korea after fleeing Miller, both US nationals, were convicted of from the north remained low in 2012 and “hostile acts” against the regime in 2013 2013 compared with previous years. and 2014 respectively. Before their release The difficulty of crossing the border was in November, they had begun serving terms increased through enhanced surveillance of forced hard labour of 15 and six years technology according to media in South respectively. In an interview with foreign Korea, including the use of jamming media in August, Kenneth Bae spoke about equipment designed to stop citizens using the unfair trial he received as well as his Chinese cellular phones along the border. The deteriorating health while working in a use of mobile phones for citizens remained labour camp. confined to a closed local network within North Korea.

Amnesty International Report 2014/15 217 A group of approximately 29 people, to some of the most vulnerable communities. including a one-year-old baby, were forcibly Restrictions remained in place for those returned to North Korea in early August attempting to monitor delivery of food aid to after being detained in China. While it was targeted groups. not known whether they were charged for crossing the border illegally, they would face possible imprisonment and torture and other 1. North Korea: UN Security Council must act on crimes against ill-treatment, including forced labour, if such humanity (Press Release) charges were brought against them.5 www.amnesty.org/en/articles/news/2014/02/north-korea-un-security- council-must-act-crimes-against-humanity/ ENFORCED DISAPPEARANCES 2. North Korea: UN vote a positive step to end crimes against humanity The UN Working Group on Enforced or (Press Release) Involuntary Disappearances asked the DPRK www.amnesty.org/en/articles/news/2014/03/north-korea-human- in August for confirmation regarding the fate rights-council/ of 47 people who were known to have been 3. Urgent need for accountability and cooperation with the international abducted on foreign soil by North Korean community by North Korea (ASA 24/006/2014) security agents and who subsequently www.amnesty.org/en/library/info/ASA24/006/2014/en disappeared. A majority of these were citizens 4. North Korea: End persecution of Christians after reports US tourist of South Korea. detained (Press Release) The government engaged in meetings www.amnesty.org/en/articles/news/2014/06/north-korea-end- with Japan in May to address the issue persecution-christians-after-reports-us-tourist-detained/ of abductions, and launched a special 5. China: Further information: Families forcibly returned to North Korea committee to reinvestigate cases of Japanese (ASA 17/048/2014) nationals abducted during the 1970s and www.amnesty.org/en/library/info/ASA17/048/2014/en 1980s. The initial report of the reinvestigation was, however, rejected by Japan as it contained no new information about the 12 Japanese nationals already officially admitted by North Korea as having been abducted KOREA from Japan by North Korean security agents. (REPUBLIC OF) RIGHT TO FOOD The World Food Programme reported Republic of Korea in September that the situation of food Head of state: Park Geun-hye availability in North Korea was “severe”. Head of government: Chung Hong-won Despite improved harvests in the two previous years, a dry spell in 2014 brought food ration levels down from 410 to only 250 grams per The rights of workers were violated through person per day in August, which was widely the denial of freedom of association, the seen as an indication of imminent shortage curtailment of legitimate collective action in food availability. Latest statistics revealed and, for migrant workers, exploitation that rates of chronic malnutrition remained under the Employment Permit System. The relatively high in 2013, affecting one in four government increasingly restricted freedom children aged under five. of expression by using the National Security While North Korea received humanitarian Law to intimidate and imprison people. assistance from the World Food Programme Police blocked peaceful protests. At least and other relief agencies, the government did 635 conscientious objectors remained not allow the agencies to extend assistance in prison.

218 Amnesty International Report 2014/15 BACKGROUND their workplace risked being reported to The second year of Park Geun-hye’s term immigration authorities as “runaways” by as president showed a regressive trend in their employers, and subjected to arrest and the realization of human rights. Numerous deportation. concerns surfaced including barriers to The EPS discouraged migrant workers from freedoms of assembly and expression. making complaints and changing jobs for fear Following the deaths of more than 300 of losing the ability to extend their contract, people, many of them students, in the and some officials actively dissuaded accidental sinking of the Sewol ferry in April, migrants from making formal complaints. further concerns were raised on issues Consequently, employers abusing migrant such as disaster response effectiveness and workers rarely faced legal sanctions.1 impartiality of investigations. Further concerns about government abuse of power were raised FREEDOM OF ASSOCIATION in two espionage cases when the National – TRADE UNIONS Intelligence Service was criticized for allegedly Trade unions faced increasing restrictions. fabricating evidence. Several trade union leaders were criminally charged or even imprisoned for engaging in MIGRANT WORKERS’ RIGHTS collective action and other legitimate trade Migrant agricultural workers under the union activities. Employment Permit System (EPS) endured Kim Jung-woo, a former leader of the excessive working hours, underpayment, Ssangyong Motor branch of the Korean Metal denial of their weekly paid rest day and Workers’ Union, had been sentenced in annual leave, illegal subcontracting and 2013 to 10 months in prison for preventing poor living conditions. Many were also municipal government officials from discriminated against at work due to their dismantling a protest site in the capital Seoul. nationality. The exclusion of agricultural He was released on bail in April 2014 after workers from the Labour Standards Act completing his original sentence, but faced provisions on working hours, daily breaks an appeal by the prosecution seeking a and weekly paid rest days was discriminatory heavier sentence. in effect as it disproportionately affected The Ministry of Labour and Employment migrant workers. Many were unable to escape sought to deregister the Korean Teachers’ and exploitative working conditions due to severe Education Workers’ Union (KTU) in 2013, government restrictions on migrants’ ability to and this was affirmed through a ruling by change jobs as well as the exclusion by the the Seoul Administrative Court in June 2014. Labour Standards Act of agricultural workers However, the Seoul High Court suspended from legal protection. execution of this ruling in September, pending Many migrants interviewed by Amnesty an appeal. International had been coerced by their employers into working under harsh FREEDOM OF EXPRESSION conditions amounting to forced labour, most The government continued its use of the commonly through threats and violence. National Security Law (NSL) to curtail Many had been recruited using deception for freedom of expression. At least 32 people the purpose of exploitation, a situation that were charged for violations of the NSL in amounted to trafficking. the first eight months of the year. This was Migrant workers lodging complaints often less than in 2013, when 129 people were had to continue working for their employers investigated or charged under the NSL, the during investigations, thereby putting them highest number in a decade, but remained a at risk of further abuse. Those who left matter of great concern.

Amnesty International Report 2014/15 219 Lee Seok-ki, a National Assembly member the right to , conscience from the Unified Progressive Party (UPP), and religion.2 was imprisoned along with six other party members for “conspiracy to revolt”, “inciting ARMS TRADE an insurrection”, and activities deemed to South Korea exported substantial amounts violate the NSL. On appeal in August, the of tear gas shells to countries where tear Seoul High Court dismissed the charges of gas was used indiscriminately in riot “conspiracy to revolt”, but upheld the other control.3 Following pressure from Amnesty charges, and reduced the prison sentences to International and other human rights terms ranging from two to nine years. groups, the government announced a halt to The government also sought to disband the shipments of tear gas to Bahrain in January.4 UPP before the Constitutional Court, which South Korea signed the Arms Trade Treaty ruled in December that the party had violated in 2013, but had yet to ratify the treaty and the basic democratic order and disbanded incorporate it into domestic legislation by the the party. This was the first such request end of 2014. from the government since democratization in 1987 and the first time a party was disbanded since 1958. 1. Bitter Harvest: Exploitation and forced labour of migrant agricultural workers in South Korea (ASA 25/004/2014) FREEDOM OF ASSEMBLY www.amnesty.org/en/library/info/ASA25/004/2014/en Since the ferry accident in April, more than 2. Korea: The right to conscientious objection to military service: amicus 300 people were arrested in attempts by curiae opinion (POL 31/001/2014) police to quell peaceful demonstrations www.amnesty.org/en/library/info/POL31/001/2014/en expressing discontent over the government’s 3. South Korea: Open letter to the President on first anniversary of response to the ferry sinking. Police inauguration (ASA 25/001/2014) blockades of street rallies continued for www.amnesty.org/en/library/info/ASA25/001/2014/en months following the accident. 4. South Korea suspends tear gas supplies to Bahrain (NWS In June, the police cracked down on 11/003/2014) a peaceful protest in the city of Miryang, www.amnesty.org/press-releases/2014/01/south-korea-suspends- injuring 14 protesters. Some 300 protesters, tear-gas-supplies-bahrain/ many of whom were elderly, were protesting against the construction of high-voltage electricity transmission towers, and demanding genuine consultation. KUWAIT CONSCIENTIOUS OBJECTORS At least 635 conscientious objectors remained State of Kuwait in prison at the end of the year. Head of state: al-Shaikh Sabah al-Ahmad al-Jaber Members of the public voiced concerns al-Sabah about the system of compulsory military Head of government: al-Shaikh Jaber al-Mubarak service following the deaths of two male al-Hamad al-Sabah conscripts, which revealed evidence of ongoing ill-treatment in the military. Amnesty International, along with several Peaceful criticism of the Amir, other state other NGOs, submitted arguments in authorities or Islam remained criminalized. August in a case before the Constitutional Those targeted for arrest, detention and Court addressing the right to conscientious prosecution included human rights and objection to military service as derived from political reform activists. Authorities used

220 Amnesty International Report 2014/15 a telecommunications law to prosecute and government critic, after he reportedly accused imprison critics who expressed dissent using senior officials of bribery and corruption in social media, and curtailed the right to a speech to a large crowd in June. He was public assembly. The government continued detained for 10 days and then released to withhold nationality and citizenship rights to stand trial on charges of “insulting” the from tens of thousands of Bidun people, judiciary. His arrest prompted widespread and arbitrarily stripped several critics and protests and accusations that the police had members of their families of their Kuwaiti used excessive force against protesters, which citizenship. Women faced discrimination in the government denied. He continued to face law and practice. Foreign migrant workers, a number of expression-related prosecutions who comprised over half of the population, at the end of the year. lacked adequate protection under the law and were subject to discrimination, DEPRIVATION OF NATIONALITY exploitation and abuse. The death penalty The government resorted to the new tactic remained in force for a range of crimes; no of arbitrarily stripping some of its critics and executions were reported. their dependents of their Kuwaiti citizenship rights under provisions of the 1959 nationality FREEDOM OF EXPRESSION law.2 In July, the authorities stripped the In April, the Public Prosecutor banned media nationality of Ahmed Jabr al-Shammari, discussion about a publicly available video owner of the Al-Yawm newspaper and TV recording that reportedly showed two former channel, and four others, along with their senior political figures discussing a plot to dependents, rendering over 30 people replace the Amir and take control of the stateless. The authorities revoked the government. The authorities stripped a media citizenship of at least 10 others in August and owner of his Kuwaiti nationality after his TV a further 15 in September. and radio station allegedly breached the media ban. TORTURE AND OTHER ILL-TREATMENT At least eight people were sentenced for The authorities failed to independently comments they had made on social media, investigate allegations of torture of detainees following prosecutions under Penal Code by security officials. In a letter to Amnesty provisions that criminalized “insult” to the International in September, the government Amir and other state authorities and religion, denied that arbitrary arrests took place during and provisions of a 2001 law prohibiting demonstrations or that officials committed the use of telecommunications facilities to torture or ill-treatment. disseminate criticism. Up to 10 others faced Bidun human rights activist ‘Abdulhakim a cycle of prosecution, trial, conviction and al-Fadhli complained to an investigating appeal in connection with the expression of prosecutor in February that police had their views, mainly via the website Twitter. beaten him in detention to force him to sign They included human rights activist and a “confession”. The prosecutor failed to blogger Abdullah Fairouz, arrested in order a medical examination requested by November 2013, who was sentenced in ‘Abdulhakim al-Fadhli or to take any other January to five years in prison for messages steps to investigate the alleged torture. he posted on Twitter.1In July, an appeal court upheld a 10-year prison sentence imposed on DISCRIMINATION – BIDUN blogger Hamad al-Naqi in 2012 for allegedly The government continued to deny Kuwaiti defaming religion and foreign leaders. nationality – and the rights and benefits In July, the authorities arrested former associated with it, including free education, parliamentarian Musallam al-Barrak, a vocal free health care and the right to vote – to

Amnesty International Report 2014/15 221 tens of thousands of Bidun, although a DEATH PENALTY small number were officially recognized as The death penalty remained in force for Kuwaiti citizens. murder and other crimes. At least five people In October 2012, the Prime Minister were sentenced to death; no executions had assured Amnesty International that were reported. the government would resolve the issue of citizenship for Kuwait’s Bidun residents within five years; at the end of 2014 that 1. Urgent Action: Mother of activist at risk of deportation (MDE appeared unlikely. 17/007/2014) ua.amnesty.ch/urgent-actions/2014/09/224-14?ua_ Members of the Bidun community language=en demonstrated to demand an end to 2. Kuwait: Halt the deplorable revocation of nationality of naturalized discrimination, despite the ban on public citizens (MDE 17/004/2014) gatherings by “non-citizens”. Some www.amnesty.org/en/documents/MDE17/004/2014/en/ demonstrations were dispersed by police, but the government denied using excessive force. Scores of Bidun continued to face trial on charges of illegal gathering or public order offences. Many trials were repeatedly KYRGYZSTAN postponed, but in September 67 were acquitted. The authorities also detained Kyrgyz Republic at least 15 Bidun activists, mostly on Head of state: Almaz Atambaev charges relating to public order offences or Head of government: Dzhoomart Otorbaev “illegal gathering”. (replaced Zhantoro Satibaldiev in April)

WOMEN’S RIGHTS Kuwaiti women enjoyed greater rights than The authorities failed to take effective women in most other Gulf region states, measures to address allegations of including rights to stand as candidates and torture and other ill-treatment and bring vote in elections, but they were not accorded perpetrators to justice. No impartial and equality under the law with men. The law effective investigation took place into required that women have a male “guardian” human rights violations, including crimes in family matters, such as divorce, child against humanity, committed during the custody and inheritance, and when receiving June 2010 violence and its aftermath. MPs medical treatment. initiated draft laws that if adopted would have a negative impact on civil society. MIGRANT WORKERS’ RIGHTS Prisoner of conscience Azimjan Askarov Migrant workers, who made up the majority remained in detention. of Kuwait’s workforce, continued to face exploitation and abuse linked partly to the TORTURE AND OTHER ILL-TREATMENT official kafala sponsorship system. Migrant Torture and other ill-treatment persisted domestic workers, mostly women from Asian despite a programme of independent countries, were especially vulnerable as monitoring of places of detention and the they were excluded from forms of protection establishment of the National Centre for afforded to other workers by Kuwait’s the Prevention of Torture and Other Cruel, labour laws. Inhuman or Degrading Treatment. On 20 December 2013, the UN Committee against Torture issued its concluding observations on the second periodic report on

222 Amnesty International Report 2014/15 Kyrgyzstan. The Committee expressed grave Kyrgyzstan, they would be at risk of torture or concern “about the ongoing and widespread other ill-treatment. practice of torture and ill-treatment of persons deprived of their liberty, in particular while in IMPUNITY police custody to extract confessions”. On 23 Criminal investigations into allegations of April 2014, the UN Human Rights Committee torture were rare. In the first half of 2014, considered the second periodic report of the the Prosecutor General’s Office registered Kyrgyz Republic. 109 complaints, but only in nine cases were Both Committees highlighted the failure criminal investigations initiated; of these only of the authorities to promptly, impartially three went to trial. Trials were ongoing at the and fully investigate allegations of torture end of the year. and other ill-treatment and to prosecute The media reported that on 26 November perpetrators. They expressed concern about 2013, the Sverdlovsk District Court of Bishkek the lack of a full and effective investigation handed down the first ever conviction for into the June 2010 violence.1 The Committees torture under Article 305-1 of the Criminal also urged Kyrgyzstan to address these Code. Police officer Adilet Motuev was concerns by taking immediate and effective sentenced to six years’ imprisonment. The measures to prevent acts of torture and ill- Court found that he had illegally brought treatment, by tackling impunity, prosecuting a man to a police station after accusing perpetrators and conducting investigations him of stealing a mobile phone. Adilet into all allegations of torture and other ill- Motuev threatened the man and forced treatment, including in cases related to the him to confess to the theft by squeezing the June 2010 violence. handcuffs and putting a plastic bag on his On 16 June 2014, the Jalal-Abad regional head and suffocating him. However, in 2014 human rights organization Spravedlivost the Court of Second Instance acquitted Adilet (Justice) recorded two incidents of torture Motuev of all torture charges and changed during a monitoring visit to the Jalal-Abad the sentence to two years’ imprisonment for temporary detention centre. A medical unauthorized conduct of an investigation. practitioner, who was part of the monitoring The authorities failed to take any steps group, documented the signs of torture. to fairly and effectively investigate the June One detainee alleged that police officers had 2010 violence and its aftermath in the cities beaten him with hands and fists and a book, of Osh and Jalal-Abad. Lawyers defending and put a plastic bag over his head. He was ethnic Uzbeks detained in the context of the handcuffed to a radiator until the next day. violence continued to be targeted for their He suffered concussion as a result of the work, threatened and physically attacked, ill-treatment. Another detainee alleged that even in the courtroom, with no accountability police officers hit him in the larynx, kicked for the perpetrators. him in the stomach and beat his head with a book. Spravedlivost submitted complaints PRISONERS OF CONSCIENCE to the Jalal-Abad city prosecutor. After On 3 September 2014, the Supreme Court conducting an initial check and ordering once again turned down an appeal lodged by two forensic medical examinations, the city Azimjan Askarov’s lawyer to re-investigate the prosecutor nevertheless refused to open case against him. Earlier in the year, Bishkek criminal investigations into these allegations. City Court had annulled the ruling by Bishkek In 2014 the European Court of Human District Court that the case must be reviewed Rights issued three judgments against on the basis that the defence had presented Russia, in which it stated that if ethnic new evidence. Uzbek applicants were to be extradited to

Amnesty International Report 2014/15 223 FREEDOM OF EXPRESSION group of men, described by eyewitnesses as AND ASSOCIATION ethnic Kyrgyz, who assaulted and beat him Civil society activists dealing with human unconscious in an unprovoked attack at his rights issues reported pressure from the place of work in Osh. They had addressed authorities because of their work, resulting in him as “sart”, a derogatory term indicating a heightened sense of insecurity among them. Uzbek ethnicity. Kabulzhan Osmonov In May 2014, the Ministry of Justice reported the attack to his local police station proposed amendments to NGO legislation but it was not until the case attracted media that would abolish the right to establish coverage that a criminal investigation was NGOs without legal status. If passed, the opened. Following this, local prosecutors amendments would criminalize the activities and police pressured Kabulzhan Osmonov to of all unregistered NGOs. Some deputies withdraw his complaint. called for Parliament to push through the adoption of a law similar to that passed in Russia requiring NGOs to adopt the 1. Will there ever be justice? Kyrgyzstan’s failure to investigate June stigmatizing label of “foreign agents” if they 2010 violence and its aftermath (EUR 58/001/2013) receive foreign funds and engage in “political” www.amnesty.org/en/library/info/EUR58/001/2013/en. activities. In November, the parliamentary Committee on Human Rights, Constitutional Law and State Structure recommended that the proposed amendments be withdrawn. LAOS DISCRIMINATION The UN Human Rights Committee expressed Lao People’s Democratic Republic concerns about the lack of comprehensive Head of state: Choummaly Sayasone anti-discrimination legislation prohibiting Head of government: Thongsing Thammavong discrimination on grounds such as race, language, disability and ethnic origin. On 15 October, Parliament passed in State control over the media, judiciary and its first reading a draft law prohibiting the political and social institutions continued promotion of so-called non-traditional sexual to severely restrict freedom of expression, relations, thus increasing the vulnerability association and peaceful assembly. Lack of groups defending the rights of sexual of openness and a scarcity of information minorities. The proposed amendments made independent monitoring of the human would criminalize any action aimed at rights situation difficult. The enforced creating a positive attitude to non-traditional disappearance of a prominent member sexual relationships and would restrict of civil society was unresolved at the freedom of expression and the right to end of the year. At least two prisoners of peaceful assembly. conscience remained imprisoned. Although Ethnic Uzbeks in the south of Kyrgyzstan Laos is abolitionist in practice, the death continued to be vulnerable to physical attacks penalty was retained as a mandatory based on their ethnic origin. However, the punishment for some drug offences. authorities qualified these attacks as “petty hooliganism”, and did not fully and impartially BACKGROUND investigate them as alleged hate crimes. The controversy over the building of large On 4 August 2014, ethnic Uzbek hydropower dams continued. Dissatisfaction Kabulzhan Osmonov needed emergency within the country by those forced to relocate medical treatment for injuries inflicted by a was reported, with some communities

224 Amnesty International Report 2014/15 challenging loss of land and inadequate continued to serve 20-year prison terms. The or unpaid compensation. In August Laos authorities stated that two ethnic Hmong announced a temporary suspension of imprisoned in 2003 after a grossly unfair construction and a six-month consultation on trial for helping two foreign journalists gather its second major dam on the River Mekong information were released early: Thao Moua following concerns raised by neighbouring in 2013 and Pa Fue Khang in May 2014. This countries; the consultation process was could not be independently confirmed. reportedly flawed and work on the dam continued. Environmental groups claimed that ENFORCED DISAPPEARANCES the Xayaburi and Don Sahong hydropower A prominent member of civil society, Sombath dams would impact the food security of Somphone,1 remained disappeared since around 60 million people downstream. A he was abducted outside a police post in further nine dams were planned. the capital, , in December 2012. In November Laos submitted its national During the year, only one vague public report ahead of its review under the UN statement was made by the police about Universal Periodic Review in January/ their investigation and no information was February 2015. The report failed to provided to the family. This compounded adequately address key human rights fears that the failure to properly investigate concerns raised during the first review in Sombath Somphone’s abduction or to attempt May 2010. to locate him indicated state complicity in New proposed guidelines for the operation his disappearance, which undermined the and activities of international NGOs working development of an active and confident civil on development projects were widely society.2 criticized for their heavy approval and reporting procedures. Similarly, there was concern that proposed amendments to 1. Laos: Caught on camera – the enforced disappearance of Sombath the 2009 law regulating local associations Somphone (ASA 26/002/2013) would place further restrictions on civil www.amnesty.org/en/library/info/ASA26/002/2013/en society groups. 2. Laos: Seeking justice for “disappearance” victim, Sombath Somphone (ASA 26/001/2014) FREEDOM OF EXPRESSION www.amnesty.org/en/library/info/ASA26/001/2014/en Tight restrictions on freedoms of expression, association and peaceful assembly were maintained. Draft laws and a decree to control the use of the internet and social media were completed by the end of the year. LATVIA They included the Cybercrime Law and a Prime Ministerial Decree on management of Republic of Latvia information through the internet. The Decree Head of state: Andris Berzins enacted aimed to prevent circulation of Head of government: Laimdota Straujuma criticism of the government and its policies. Users of Facebook were warned not to post information that might “disrupt social order Lesbian, gay, bisexual, transgender and and undermine security”. intersex (LGBTI) people were inadequately Two prisoners of conscience held since protected against hate crimes. While some October 1999 for exercising their rights to positive legislative steps were taken in freedom of expression and peaceful assembly 2013, the number of stateless people living by attempting to hold a peaceful protest

Amnesty International Report 2014/15 225 in the country and being excluded from TORTURE AND OTHER ILL-TREATMENT political rights remained high. In December 2013, the UN Committee against Torture highlighted that the definition RIGHTS OF LESBIAN, GAY, BISEXUAL, of torture included in Article 24 did not TRANSGENDER AND INTERSEX PEOPLE contain all the elements set out in the In September, the Parliament adopted Convention against Torture and created amendments to legislation on hate crime. loopholes for impunity. The Committee However, sexual orientation and gender expressed concern that torture was not identity were not included among the defined as a specific criminal offence in the explicitly protected grounds in the revised Criminal Code and that some acts of torture or hate crime provisions in the Criminal Code. complicity in perpetrating acts of torture were Criminal law punished incitement to hatred subject to a 10-year statute of limitations. and violence based on race, ethnicity, The Committee also pointed to allegations nationality, religion, disability, age and of violence and ill-treatment perpetrated by sex. Only racist motives were regarded as law enforcement agents and highlighted the aggravating circumstances. absence of an independent mechanism to In 2013, the police recorded 22 cases of investigate such allegations. violence and incitement to hatred that were motivated by racism or xenophobia. The WOMEN’S RIGHTS Latvian NGO MOZAIKA reported four cases Domestic violence was not defined as of physical attacks against LGBTI people and a specific crime. In December, the UN one case of assault against a gay man with Committee against Torture expressed concern a disability. over the absence of protection measures On 18 September, the Parliament voted to and the inadequate provision of shelters for pass an amendment to the Children’s Rights victims of domestic violence. Protection law requiring sexuality education in schools to be based on “traditional family REFUGEES AND ASYLUM-SEEKERS values” and the concept of “marriage” In April, the UN Human Rights Committee defined as being between a man and a expressed concern that the detention of woman only. At the end of the year, the final asylum-seekers, including those as young adoption of the amendment was pending. as 14, was not just used as a measure of last resort. The Committee noted that the DISCRIMINATION – STATELESS PERSONS non-suspensive effect of appeals of negative According to the UN refugee agency UNHCR, decisions under the accelerated asylum 267,789 people remained stateless within the procedure increased the risk of individuals country as of January 2014. being returned to countries where they were On 1 October 2013, amendments to the at risk of serious human rights violations Citizenship Law – aimed at simplifying the or abuses. procedure for granting citizenship to a child born after 21 August 1991 to a non-citizen or stateless person – were adopted. In April, the UN Human Rights Committee expressed concerns over the high number of stateless people who continued to live in the country without access to political rights, while acknowledging progress in this area.

226 Amnesty International Report 2014/15 participation of some Lebanese persons, LEBANON notably members of Hezbollah, in the Syrian conflict. However, the conflict remained an Lebanese Republic ever-present threat. Head of state: vacant since May, when Michel Political tension remained high throughout Suleiman’s term ended the year, exacerbated by the Syrian conflict. Head of government: Tammam Salam By the end of the year, Lebanon hosted more than 1.15 million Syrian refugees and around 50,000 Palestinian refugees from Syria, Pressures generated by the armed conflict swelling the population by a quarter and in neighbouring Syria continued. There were straining the country’s resources. Tensions new reports of torture and other ill-treatment related to the conflict sparked repeated bouts of detainees. Lebanon hosted more than 1.2 of violence, especially in Tripoli, causing million refugees from Syria but took steps scores of deaths. The Syrian army periodically to restrict the entry of refugees from Syria shelled the Bekaa valley and other areas including Palestinians. Palestinian refugees inside Lebanon’s border, and armed groups long resident in Lebanon continued to face fired rockets from Syria into Lebanon’s discrimination. Women remained subject eastern border region, where abductions to discrimination in law and in practice, were also rife. In August, members of the and were inadequately protected against Islamic State (IS) armed group posted videos sexual and other violence. Foreign migrant on the internet showing them beheading workers, particularly women domestic two Lebanese soldiers whom they had taken workers, faced exploitation and other hostage in fighting around Arsal, a Lebanese abuse. More than two dozen men faced border town briefly seized by IS and other prosecution for alleged consensual same- armed groups including Jabhat al-Nusra, sex conduct. Some progress was made in who reportedly executed two other hostages clarifying cases of enforced disappearance in September and December respectively. dating back decades. The death penalty A series of bomb attacks in Beirut and remained in force; there were no executions. elsewhere also appeared to be connected to The trial in their absence of five people in the Syrian conflict. connection with the assassination of former Prime Minister Rafic Hariri opened before TORTURE AND OTHER ILL-TREATMENT the Special Tribunal for Lebanon. Syrian There were reports of torture and other ill- government forces and armed groups based treatment of detained suspects. One detainee in Syria carried out indiscriminate attacks held by General Security in May reported along the border. after his release that interrogators had beaten him on his hands and legs with electric BACKGROUND cable, trodden on and verbally insulted him. Political infighting resulted in failure to agree The authorities failed to undertake credible a new President to replace Michel Suleiman, investigations into allegations of torture, whose term of office ended in May. In including those made by a boy aged 15 February, however, the rival alliances agreed and other people detained after clashes to form a national unity government with between the Lebanese army and armed Tammam Salam as Prime Minister. groups in June 2013 in the Sidon area. Lebanon avoided being drawn fully into the armed conflict in Syria, despite political, REFUGEES AND ASYLUM-SEEKERS religious and social divisions, the continuing Refugees faced restrictions on their right to influx of refugees from Syria, and the seek asylum and other rights. Lebanon was

Amnesty International Report 2014/15 227 not a party to the UN Refugee Convention or example denying them the right to inherit its 1967 Protocol. property, the right to work in around 20 At the end of the year, according to professions, and other basic rights. UNHCR, the UN refugee agency, and UNWRA, the UN agency for Palestinian WOMEN’S RIGHTS refugees, Lebanon was hosting more than Women faced discrimination in law and in 1.2 million refugees from Syria. In May, the practice. Personal status laws regulating government effectively closed the border issues such as marriage prevented Lebanese to most Palestinians entering from Syria, women with foreign spouses passing their and announced in June that it would only nationality to their children. In April, a new allow the entry of Syrian refugees from areas law specifically criminalized domestic violence bordering Lebanon. In October, the authorities for the first time. Among other deficiencies, it brought in further restrictions and asked failed to criminalize marital rape, although it UNHCR to stop registering refugees except provided for the establishment of temporary for humanitarian cases. New regulations shelters and measures to strengthen police announced on 31 December required Syrians and prosecutors’ effectiveness in addressing to apply for one of six types of entry visa in domestic violence. order to enter Lebanon. Instances of Syrian refugees and Palestinian refugees from MIGRANT WORKERS’ RIGHTS Syria being sent back to Syria, in violation of Migrant workers faced exploitation and abuse, international law, were documented. particularly women domestic workers whose The high cost of renewing annual residency rights at work – including to fixed days off, permits, combined with opaque policies rest periods, wages and humane conditions for the renewal of permits for refugees – were not protected by law, leaving them from Syria, led many refugees to become vulnerable to physical, sexual and other irregular in status, placing them at risk of abuse by employers. Domestic workers were arrest, detention and deportation. Some employed under contracts tying them to municipalities subjected refugees to curfews employers acting as their “sponsors”, under that limited their freedom of movement, conditions that facilitated abuse. prevented refugees from establishing informal Employers frequently retained possession tented settlements, or imposed additional of workers’ passports to prevent them from taxes on local landlords who rented property leaving abusive working conditions. In June, to them. The Lebanese army and the Internal for the first time, a judge ordered an employer Security Forces also dismantled some to return a domestic worker’s passport, ruling informal tented settlements, ostensibly on that its retention by the employer violated the security grounds. worker’s freedom of movement. The presence of so many refugees put Lebanon’s health, education and other RIGHTS OF LESBIAN, GAY, BISEXUAL, resources under enormous strain. This was TRANSGENDER AND INTERSEX PEOPLE exacerbated by inadequate international Article 534 of the Penal Code, which funding, and left many refugees unable prohibited sexual intercourse “contrary to to access adequate health care, shelter, the order of nature” was used to prosecute education and other services. various consensual sexual activities, including Thousands of Palestinian long-term sex between men. In January a judge ruled refugees continued to live in camps that Article 534 was not applicable in the and informal gatherings in Lebanon, case of a transgender woman having sexual often in deprived conditions. They faced relations with men. In August, the authorities discriminatory laws and regulations, for arrested 27 men at a Beirut bath house and

228 Amnesty International Report 2014/15 charged them with offences under Article 534 Lebanon signed the International and provisions relating to “public decency” Convention against enforced disappearance and prostitution. in 2007 but had yet to ratify it. In January, five men arrested on suspicion of consensual same-sex sexual activity DEATH PENALTY were reported to have been subjected to Courts continued to impose death sentences anal examinations by a doctor, despite the for murder and terrorism-related crimes, Lebanese Order of Physicians declaring in including some in the absence of the 2012 that it was impermissible for doctors to defendants. No executions had been carried carry out such examinations, which violate the out since 2004. international prohibition of torture and other ill-treatment, and a circular from the Minister of Justice in the same year, that called on public prosecutors to cease this practice. LIBYA INTERNATIONAL JUSTICE Special Tribunal for Lebanon State of Libya The trial of four defendants accused in Head of state: Disputed (Agila Saleh Essa Gweider, connection with the assassination of former President of the House of Representatives, Lebanese Prime Minister Rafic Hariri in 2005 replaced Nuri Abu Sahmain, President of the opened in January before the Special Tribunal General National Congress in August) for Lebanon (STL) in the Netherlands. The Head of government: Disputed (Abdallah al-Thinni four defendants, and a fifth whose trial was replaced Ali Zeidan in March; Ahmad Matiq briefly joined to theirs by the STL in February, all replaced Abdallah al-Thinni in May in a disputed remained at large and were tried in their vote ruled unconstitutional; Abdallah al-Thinni absence. In April, the STL brought contempt replaced Ahmad Matiq in June) charges against two Lebanese journalists and their respective media outlets for disclosing confidential information about witnesses in Militias and other armed forces committed the trial of the five accused. possible war crimes, other serious violations of international humanitarian law and IMPUNITY – ENFORCED human rights abuses. They killed or injured DISAPPEARANCES AND ABDUCTIONS hundreds of civilians and destroyed and The fate of thousands who were forcibly damaged civilian infrastructure and objects disappeared, abducted or otherwise in indiscriminate shelling of civilian areas unlawfully deprived of their liberty during and in Benghazi, Tripoli, Warshafana, , after Lebanon’s 1975-1990 civil war, mostly the Nafusa Mountains and elsewhere. remained undisclosed. In March, however, Libya Dawn forces, Zintan Brigades and the Shura Council ruled that the full, as yet Warshafana militias abducted civilians unpublished, report of the 2000 Official based on their origin or political affiliation, Committee of Inquiry to Investigate the Fate of tortured and otherwise ill-treated detainees, Kidnapped and Missing Persons in Lebanon and in some cases summarily killed should be made available to the families of captured fighters. Islamist forces affiliated those missing. After the dismissal of appeals with the Shura Council of Benghazi against this decision, the full report was Revolutionaries also abducted civilians and provided to a lawyer representing the families summarily killed scores of captured soldiers. in September. Operation Dignity forces, which gained support of the interim government based in

Amnesty International Report 2014/15 229 , carried out air strikes in residential that took office following elections in June areas causing damage to civilian objects for a House of Representatives (HOR) that and resulting in civilian casualties, tortured replaced the GNC. These elections, also or otherwise ill-treated some detained marred by violence and a low turnout, civilians and fighters, and were responsible resulted in a defeat for Islamist parties. for several summary killings. Political In July, a coalition of predominantly killings were common and carried out with Misratah, Zawiya and Tripoli-based militias impunity; hundreds of security officials, launched a military offensive, Libya Dawn, state employees, religious leaders, activists, in the name of protecting the “17 February judges, journalists and rights activists were Revolution” against rival militias from Zintan assassinated. The trial of 37 officials from and Warshafana, affiliated to the liberal and the rule of Mu’ammar al-Gaddafi began federalist parties dominating the HOR, which amid serious due process concerns; torture they accused of carrying out a counter- remained rampant; journalists were targeted revolution alongside Operation Dignity. In for their reporting, and assaults against August, the HOR relocated due to insecurity foreign nationals increased. Impunity, in Tripoli, establishing its base at Tobruk, including for past human rights violations amid a boycott by 30 of its members. It and abuses, remained entrenched. recognized Operation Dignity as a legitimate military operation led by the Libyan army, BACKGROUND declared Libya Dawn forces and Ansar Following months of deepening political al-Sharia terrorist groups, and called for polarization and crisis over the legitimacy and foreign intervention to protect civilians and mandate of the General National Congress state institutions. Aircraft from the United (GNC), Libya’s first elected parliament, the Arab Emirates flying from Egyptian airbases country descended into chaos as Benghazi, reportedly carried out air strikes on Libya Derna, Tripoli, Warshafana, the Nafusa Dawn forces as they fought to win control Mountains and other areas became engulfed of Tripoli International Airport, which they in armed conflicts along political, ideological, achieved on 23 August, forced the Zintan regional and tribal lines. Brigades from the capital, and seized control Tensions were high at the time of of state institutions there. The fighting and February elections for a Constitution Drafting associated insecurity, including attacks on Assembly (CDA), tasked with devising a foreign diplomats and staff of international new Constitution. The CDA elections were organizations, led the UN Support Mission marred by violence, a boycott by some ethnic in Libya (UNSMIL), whose mandate the UN minorities, and a low allocation of seats for Security Council renewed in March, foreign women. By the end of the year, the CDA had embassies and international organizations released its preliminary recommendations to suspend their operations in Tripoli and and opened them for public consultation. evacuate staff. Bombings and other attacks In May, retired army General Khalifa targeted government buildings and public Haftar launched Operation Dignity, a military places throughout the year. offensive with the stated aim of fighting After capturing Tripoli, Libya Dawn forces terrorism, in Benghazi, against a coalition reconvened the GNC, which appointed a formed of Ansar al-Sharia and other Islamist new Prime Minister and National Salvation armed groups (later named the Shura Government (NSG). The NSG claimed that Council of Benghazi Revolutionaries). Initially it had taken charge of most state institutions denounced by the authorities, Operation in the west, in opposition to the HOR Dignity, which subsequently spread to Derna, government in Tobruk. gained support from the new government

230 Amnesty International Report 2014/15 On 6 November, the Supreme Court issued to avoid or minimize civilian casualties a ruling that invalidated the elections for and damage. Heavy fighting in residential the HOR. The Tobruk-based government, areas caused disruption to health care, recognized by the UN and backed by most notably in Warshafana and Benghazi, where of the international community, rejected patients had to be evacuated from hospitals. the ruling, alleging that judges had been Shortages of fuel, electricity, food and threatened by Libya Dawn. Armed clashes medicine were reported across Libya. between rival tribes continued in Sabha In Warshafana and Tripoli, Libya Dawn and Obari in southwest Libya leading to a forces looted and burned civilian homes and worsening of the humanitarian situation. other property on the basis of the owner’s Derna, an eastern city, was controlled by origin or political affiliation. Armed groups Islamist armed groups which enforced a strict denied access for humanitarian relief in interpretation of Shari’a law (Islamic law) and Obari and obstructed the evacuation of the committed serious human rights abuses. In wounded in Kikla. October, one armed group based in Derna, UNHCR, the UN refugee agency, the Shura Council of Islamic Youth, declared estimated that almost 395,000 people were allegiance to the Islamic State armed group internally displaced by the conflict between fighting in Syria and Iraq. mid-May and mid-November. The Tawargha community, displaced since 2011, suffered INTERNAL ARMED CONFLICT further displacement and militia attacks; Warring parties in the east and west of many sought shelter in municipal parks and Libya carried out indiscriminate attacks car parks. resulting in hundreds of civilian casualties Armed forces on all sides carried out and damage to civilian buildings and reprisal abductions, holding civilians solely infrastructure including hospitals, homes, on account of their origin or perceived mosques, businesses, farms, power stations, political affiliation, often as hostages to airports, roads and a large fuel storage facility. secure prisoner exchanges. Both Libya Dawn They fired artillery, mortars, GRAD rockets forces and armed groups affiliated with the and anti-aircraft weapons from and into Zintan-Warshafana coalition tortured and residential areas. Operation Dignity forces otherwise ill-treated captured fighters and carried out air strikes in Benghazi, Derna, civilians they abducted, using electric shocks, Tripoli, Zuara, Bir al-Ghanem and Misratah, stress positions, and denial of food, water at times in residential areas, reportedly and adequate washing facilities. Captured killing and injuring civilians and damaging fighters were subjected to summary killings civilian buildings. Zintan Brigades allegedly by all warring parties. In Benghazi, forces used antipersonnel mines around Tripoli affiliated with the Shura Council of Benghazi International Airport. Revolutionaries abducted civilians and carried The Libya Dawn attack on Zintan Brigades out summary killings, including beheadings of protecting Tripoli International Airport captured soldiers and purported supporters damaged several buildings and aircraft, of Operation Dignity. Groups aligned with according to officials. In December, a rocket Operation Dignity forces burned and hit a large oil tank at al-Sider port resulting in destroyed scores of homes and other property a fire and destroying up to 1.8 million barrels of perceived Islamists; detained civilians of crude oil. on account of their political affiliation; and With some exceptions, militias, army carried out several acts of torture and other units and armed groups showed disregard ill-treatment and several summary killings. for civilian life, objects and infrastructure and failed to take the necessary precautions

Amnesty International Report 2014/15 231 UNLAWFUL KILLINGS officials, the state’s emblem and flag, and any Hundreds of individuals, including security act perceived as “an attack against the 17 officials, state employees, religious February Revolution”. leaders, activists, journalists, judges and In January, a court sentenced an engineer prosecutors were killed in politically motivated to a three-year prison term for participating in assassinations in Benghazi, Derna and Sirte a June 2011 protest in London, UK, against allegedly by Islamist armed groups. None of NATO’s involvement in the Libyan conflict those responsible were held to account. In and allegedly publishing false information May, gunmen shot dead an International Red about Libya. Cross delegate in Sirte. In November, newspaper editor Amara In June, human rights lawyer and activist al-Khattabi was sentenced to five years in Salwa Bughaighis was shot dead in her home prison for insulting public officials, barred after she gave a media interview in which from practising journalism and stripped of his she accused armed groups of undermining civil rights for the duration of the sentence parliamentary elections. In July unidentified and ordered to pay heavy fines.1 assailants killed former GNC member Fariha Militias increased their attacks on the Barkawi in Derna. On 19 September, known media, abducting scores of journalists and as , at least 10 individuals, subjecting others to physical assaults or other including two youth activists, were killed by ill-treatment, arbitrary detention, threats unidentified assailants. and assassination attempts. At least four Two public execution-style killings, as well journalists were unlawfully killed, including as public floggings, were carried out by the newspaper editor Muftah Abu Zeid, who Shura Council of Islamic Youth, an armed was shot dead by unidentified armed men group controlling Derna which established an in Benghazi in May. In August, Libya Dawn Islamic Court there. In August, an Egyptian forces in Tripoli destroyed and burned the man accused of theft and murder was shot premises of two TV stations, Al-Assema and dead at a stadium in Derna. In November, Libya International. three activists were beheaded in Derna Scores of journalists, human rights following their abduction, allegedly by an defenders and activists fled abroad because Islamist armed group. In December, the of the threat posed to them by militias. In Islamic Court issued a warning to current September, Libya Dawn forces reportedly and former employees of the Ministries of the raided the offices of the National Commission Interior, Justice and Defence. for Human Rights and removed its archive of individual complaints, raising concerns of FREEDOMS OF EXPRESSION, reprisals against victims of abuses. ASSOCIATION AND ASSEMBLY In November, the National Council for The GNC tightened restrictions on freedoms Human Rights and Civil Liberties was closed, of expression, association and assembly. reportedly by Libya Dawn forces, amid Decree 5/2014, adopted by the GNC in intimidation of its members. January, banned satellite television stations from broadcasting views deemed “hostile to JUSTICE SYSTEM the 17 February Revolution”, while decree The justice system remained paralyzed 13/2014 empowered authorities to suspend by violence and lawlessness, hampering the scholarships of students and salaries investigations into abuses. In March, courts of state employees abroad who engaged suspended work in Derna, Benghazi and Sirte in “activities hostile to the 17 February amid threats and attacks against judges and Revolution”. Law 5/2014 amended Article prosecutors. The Ministry of Justice exercised 195 of the Penal Code to criminalize insults to only nominal control over many detention

232 Amnesty International Report 2014/15 facilities holding perceived Mu’ammar treatment remained widespread in both state al-Gaddafi loyalists. and militia prisons, and deaths in custody A deadline set by the Law on Transitional caused by torture continued to be reported. Justice and extended by the GNC, to charge or release all detainees held in relation to the IMPUNITY 2011 conflict by 2 April, was not met. As of The authorities failed to carry out meaningful March, only 10% of the 6,200 detainees held investigations into alleged war crimes and in prisons under the Ministry of Justice had serious human rights abuses committed been tried, while hundreds continued to be during the 2011 armed conflict or to address held without charge or trial in poor conditions. the legacy of past violations under Mu’ammar Release orders remained unimplemented due al-Gaddafi’s rule, including the 1996 mass to militia pressure. killing of over 1,200 detainees in Abu Delays in the processing of cases of Salim Prison. perceived al-Gaddafi loyalists held since The authorities failed to surrender Saif 2011 were exacerbated by the renewed al-Islam al-Gaddafi to the International conflicts as shelling prevented the transfer Criminal Court (ICC) to face prosecution on of detainees for trial. Family visits to prisons charges of crimes against humanity. In May, were suspended in several cities, prompting the ICC Appeals Chamber confirmed Libya’s concern for the detainees’ safety. legal obligation to transfer him to ICC custody. The trial of 37 former officials from In July, the ICC Appeals Chamber upheld Mu’ammar al-Gaddafi’s rule began in a decision that Abdallah al-Senussi, a former March amid serious due process concerns. military intelligence chief accused of crimes Defence lawyers were denied access to some against humanity, could be tried domestically. evidence, given insufficient time to prepare, Serious concerns remained, however, about and were intimidated. Saif al-Islam al-Gaddafi, violations of his due process rights, including one of Mu’ammar al-Gaddafi’s sons and the restricted access to a lawyer of his choice. main defendant, appeared in court only by The ICC Prosecutor initiated a second video link as he remained in militia custody in case and began compiling evidence against Zintan, casting doubt on the court’s authority suspects residing abroad in accordance over him. Authorities controlling al-Hadba with a 2013 agreement with the Libyan Prison complex, which the courtroom, government on prosecutions of former denied access to some independent trial al-Gaddafi officials. Despite expressing observers including Amnesty International. concern in November that “crimes within the A video of the “confessions” of another ICC jurisdiction are being committed”, the ICC of Mu’ammar al-Gaddafi’s sons, Saadi Prosecutor failed to begin investigations into al-Gaddafi, was broadcast on Libyan television crimes committed by militias. following his extradition from Niger and In August, UN Security Council Resolution imprisonment at al-Hadba. Prison authorities 2174 extended the scope for international interrogated him without access to a lawyer, sanctions to include those responsible and denied access to him by UNSMIL, for “planning, directing, or committing” Amnesty International and others, despite the violations of international human rights law prosecution authorizing these visits. or international humanitarian law, or human In Zawiya, west of Tripoli, scores of rights abuses, in Libya. al-Gaddafi loyalists were detained for periods of up to 18 months beyond the date they WOMEN’S RIGHTS should have been released, as sentencing did Women continued to face discrimination in not take into account the period of arbitrary law and practice, and were inadequately detention by militias. Torture and other ill- protected against gender-based violence;

Amnesty International Report 2014/15 233 reports of sexual harassment increased. A unseaworthy and overcrowded fishing decree providing for reparations to victims boats. Many spent weeks locked in houses of sexual violence by state agents under by smugglers prior to departure and were Mu’ammar al-Gaddafi’s rule and during the exploited, coerced and abused. Smugglers 2011 conflict was adopted but remained forced sub-Saharan Africans to travel below largely unimplemented. deck in overheated engine rooms without Women candidates to the CDA faced water or ventilation; some died of suffocation difficulties in campaigning and registering or intoxication with fumes. to vote. UNHCR reported in mid-November that Women’s rights activists faced intimidation 14,000 registered refugees and asylum- and in some cases assault by militias. seekers were trapped in conflict zones Unveiled women were increasingly stopped, in Libya. harassed and threatened at checkpoints. Several women were reported to have been DISCRIMINATION – RELIGIOUS killed by male relatives in so-called “honour AND ETHNIC MINORITIES killings” in the Sabha area. Attacks on Sufi religious sites continued while the authorities failed to provide adequate REFUGEES’ AND MIGRANTS’ RIGHTS protection or conduct investigations. Thousands of undocumented migrants, Sufi tombs were destroyed in Tripoli, asylum-seekers and refugees were detained Brak al-Shatti, Derna and Awjila. In July, indefinitely for migration-related offences unidentified assailants In Tripoli abducted following their interception at sea or identity Tarek Abbas, a Sufi imam; he was released checks. They faced torture and other ill- in December. treatment in detention centres run by the Libyan atheists and agnostics faced threats Ministry of the Interior and militias, including and intimidation from militias in relation to on account of their religion, and were their writings on social networking websites. subjected to forced labour. Women faced Tabu and Tuareg ethnic minorities intrusive strip-searches by male guards. continued to face obstacles in acquiring Foreign nationals, in particular Egyptian family identity booklets, hindering their Copts, were abducted, abused and unlawfully access to health care, education and political killed on account of their religious beliefs. participation. In February, seven Egyptian Coptic migrant workers were abducted and shot dead in DEATH PENALTY Benghazi, allegedly by members of Ansar The death penalty remained in force for a al-Sharia. wide range of crimes. No judicial executions The authorities continued to subject foreign were reported. nationals to compulsory medical tests as a prerequisite for issuing residency and work permits, and detained anyone diagnosed with 1. Libya: Jail sentence of Libyan editor a blow to free expression (MDE infections such as hepatitis B or C and HIV in 19/010/2014) preparation for deportation. www.amnesty.org/en/documents/mde19/0010/2014/en/ Foreign nationals faced abductions and abuse for ransom. Many were victims of human trafficking by smugglers upon irregular entry into Libya. The escalation of violence impelled some 130,000 refugees and migrants, including refugees from Syria, to travel to Italy via

234 Amnesty International Report 2014/15 In May, the UN Committee against LITHUANIA Torture urged the government to complete the investigation into Mustafa al-Hawsawi’s Republic of Lithuania alleged rendition in a timely and transparent Head of state: Dalia Grybauskaitė manner. In the aftermath of the release in Head of government: Algirdas Butkevičius December of a US Senate report on CIA secret detention that contained references to “detention site violet”, widely believed In February, the Prosecutor General opened to have been located in Lithuania, it was an investigation into allegations that a reported that the Lithuanian authorities were Saudi Arabian national had been subjected seeking additional information from the USA to illegal rendition to Lithuania by the US to determine whether detainees had been CIA with the help of Lithuanian intelligence held and tortured in Lithuania. Information officials. A law, which aimed at “protecting in the Senate report regarding “detention site minors” against detrimental public violet” conformed with a 2009 Lithuanian information, resulted in violations of the parliamentary inquiry that had concluded right to freedom of expression of lesbian, that the CIA had established two secret sites gay, bisexual, transgender and intersex in Lithuania. (LGBTI) people. RIGHTS OF LESBIAN, GAY, BISEXUAL, COUNTER-TERROR AND SECURITY TRANSGENDER AND INTERSEX PEOPLE In January, the Regional Court In May, the Office of the Inspector of ruled that the Lithuanian Prosecutor Journalist Ethics concluded a book of fairy General’s refusal to launch a pre-trial tales, which included stories of same-sex investigation into allegations that Saudi relationships, opposed “traditional family Arabian national Mustafa al-Hawsawi had values”, as protected by the Law on the been illegally transferred to and detained Protection of Minors against the Detrimental in a CIA detention centre at Antaviliai, Effects of Public Information. The book’s near Vilnius, had been “groundless”. Legal distribution was stopped. representatives for Mustafa al-Hawsawi In September, the Office of the Inspector had complained that he was tortured and of Journalist Ethics found a video promoting subjected to enforced disappearance in tolerance towards LGBTI people and Lithuania between 2004 and September portraying same-sex families violated the Law 2006. In February, the Prosecutor General on the Protection of Minors. opened a pre-trial investigation focusing on Transgender people continued to be denied Mustafa al-Hawsawi’s alleged illegal transfer access to legal gender recognition because of to Lithuania. legislative gaps. Two proposals were pending The Prosecutor General had previously before the parliament: one aimed at banning refused to investigate similar allegations legal gender recognition, the other at allowing by lawyers for Palestinian Zayn al- Abidin transgender people to seek legal recognition Muhammad Husayn ( known as Abu of their gender under certain compulsory Zubaydah ) . ’s case conditions, including reassignment surgery. against Lithuania was pending before the European Court of Human Rights at the end of the year . Both Mustafa al- Hawsawi and Abu Zubaydah remained held at Guantánamo Bay.

Amnesty International Report 2014/15 235 tear gas, stun grenades and water cannons. MACEDONIA On 6 July, further protests took place. In the predominantly Albanian cities of Tetovo The former Yugoslav Republic of Macedonia and Gostivar, police used tear gas and stun Head of state: Gjorge Ivanov grenades. Six men were sentenced to three Head of government: Nikola Gruevski years’ imprisonment for “participation in a crowd to commit a crime”.

Human rights were increasingly curtailed. CRIMES UNDER INTERNATIONAL LAW Relations between the Macedonian and Impunity continued for war crimes and crimes ethnic Albanian populations were marred by against humanity which occurred during the violent protests. New details emerged about 2001 internal armed conflict. No measures the rendition of a CIA detainee with the were taken to locate the bodies of 13 persons complicity of Macedonia. still missing after the armed conflict.

BACKGROUND COUNTER-TERROR AND SECURITY The ruling party, Internal Macedonian The December release of a US Senate Revolutionary Organization – Democratic report on CIA secret detention operations Party for Macedonian National Unity, included confirmation that former detainee remained in power following parliamentary Khaled el-Masri’s 2003 apprehension by elections in May, which were not recognized the Macedonian authorities was a case of by the main opposition party. Freedom of and the CIA took measures expression was increasingly curtailed. The to cover up the incident. The European Court authorities exercised excessive influence over of Human Rights ruled in a 2013 landmark the police and judiciary. While the European judgment that Macedonia was liable for Commission again recommended that talks Khaled el-Masri's incommunicado detention, on EU accession should start, in December enforced disappearance, torture and other ill- the EU Council of Ministers for the sixth time treatment, for his transfer out of Macedonia to deferred the decision. locations where the German national suffered Relations between Macedonians and other serious violations of his human rights, ethnic Albanians remained precarious. In and for the failure to carry out an effective May, the arrest of an ethnic Albanian student, investigation. suspected of killing a Macedonian student, At the end of the year, the authorities had triggered two days of inter-ethnic rioting in failed to submit to the Committee of Ministers the Gorce Petrov municipality of Skopje, an action plan, overdue since October 2013, the capital. to implement the Court’s judgment. On 30 June, six ethnic Albanians were convicted – two in their absence – of murder TORTURE AND OTHER ILL-TREATMENT defined as “terrorism” for the killing of five Allegations against police officials continued, ethnic Macedonians near Lake Smilkovci including disproportionately against Roma. In in April 2012, and sentenced to life May, two Roma minors, wrongly suspected imprisonment; one defendant was acquitted. of stealing a purse, were beaten by members On 4 July, thousands of Albanians of the Alfi Special Police unit. The older marched into the centre of Skopje, saying child was interrogated in a police station for “We are not terrorists”. The peaceful two hours in the absence of a lawyer or his demonstration escalated outside the High parents, and suffered bruising to his head, Court with riot police using excessive force neck and chest. against protesters, including rubber bullets,

236 Amnesty International Report 2014/15 FREEDOM OF EXPRESSION grounds of sexual orientation. LGBTI human In April, the UN Special Rapporteur rights defenders were subject to regular on freedom of expression criticized the threats. In October, 30 young men attacked deterioration of freedom of expression, a celebration of the second anniversary of pluralism and media independence. The the LGBTI Centre in Skopje, seriously injuring government reportedly spent 1% of its two people; no one has yet been brought to budget on placing advertisements in, or justice. In July the government proposed a otherwise favouring, pro-government media. constitutional amendment defining marriage International organizations reported that state as solely between a man and a woman. media election coverage was biased towards the ruling party. REFUGEES, ASYLUM- During the May riots, police seized SEEKERS AND MIGRANTS equipment from three media outlets and Around 850 Kosovo Roma and Ashkali erased their video footage. Politicians refugees remained in Macedonia, without a continued to file defamation cases against durable solution. By the end of September, journalists. International and domestic 7,105 Macedonian citizens had applied for organizations called for the Nova Makedonija asylum in the EU. journalist Tomislav Kezharovski to be Around 440 of the 1,260 registered released from house arrest. He was originally asylum-seekers applied for asylum in imprisoned in 2013 for revealing the identity Macedonia, but only 10 Syrians were granted of an alleged protected witness, in what refugee status and one person was granted was considered to be a politically motivated subsidiary protection. Migrants, including prosecution. After international protests, he women and unaccompanied minors, and was released into house arrest. Syrian refugees were detained in appalling conditions. Border guards were complicit in DISCRIMINATION – ROMA push-backs from Serbia. The authorities failed to prevent, and protect Roma from, multiple forms of discrimination. Action plans for the Decade of Roma Inclusion and recommendations on the rights of Roma women made in 2013 by the UN MALAWI CEDAW Committee were not implemented. In June, the Constitutional Court ruled Republic of Malawi that articles of the Law on Travel Documents, Head of state and government: Arthur Peter enabling the authorities to revoke the Mutharika (replaced Joyce Banda in May) passports of Macedonian citizens who had been returned or deported from another country, were incompatible with the right Those responsible for the deaths of two to freedom of movement. This followed a students in 2011 and 2012 were not complaint by the NGO European Roma brought to justice. Homosexuality continued Rights Centre on behalf of Roma who to be criminalized under the penal code, experienced disproportionate discrimination although commitments were made to by border officials. decriminalize consensual same-sex sexual activity. Death sentences continued to be RIGHTS OF LESBIAN, GAY, BISEXUAL, imposed; no executions were carried out. TRANSGENDER AND INTERSEX PEOPLE Anti-discrimination legislation was not amended to prohibit discrimination on the

Amnesty International Report 2014/15 237 BACKGROUND 2011, remained unresolved, despite the Controversy surrounded the general elections 2012 recommendations of the Chasowa held on 20 May, with the then President Commission Report which named Joyce Banda attempting to have the some suspects. elections nullified, alleging fraud. However, opposition candidate Arthur Peter Mutharika’s RIGHTS OF LESBIAN, GAY, BISEXUAL, Democratic Progressive Party was declared TRANSGENDER AND INTERSEX PEOPLE the winning party following a High Court Despite commitments by the previous and ruling. The new government faced perennial current governments that arrests of adults problems of deepening poverty, poor service engaged in consensual same-sex sexual delivery, mass unemployment, limited activity would be suspended, two men access to justice, gender-based violence and faced charges under the country’s anti- child marriages. homosexuality laws. The two men, who were During the “hunger season” prior to the arrested in May, were on remand at the end 2014 harvest, more than 1.4 million people in of the year. If convicted, they would face up to rural areas were at risk of malnutrition. 14 years’ imprisonment with hard labour. In July, Solicitor General and Secretary INTERNATIONAL SCRUTINY for Justice Dr Janet Banda told the Human In July, Malawi appeared before the UN Rights Committee that while homosexual acts Human Rights Committee for consideration remained criminalized, such acts were not of the country’s first periodic report under the prosecuted by law enforcement agencies. She ICCPR. Among other things, the Committee also reported that a process for the Malawi recommended the amendment of Malawi’s Law Commission to review the penal laws Human Rights Commission Act to give the criminalizing same-sex acts had stalled largely Commission full independence in line with due to financial constraints. Specifically, the the UN Paris Principles. The Committee also Law Commission had been asked to give an recommended that Malawi adopt the Prison opinion on the constitutionality of Articles Act in conformity with international standards; 137A, 153 and 156 of the Penal Code, strengthen the capacity and independence criminalizing homosexuality. of the Inspectorate of Prisons and establish mechanisms to consistently consider its DEATH PENALTY recommendations and make them public; Death sentences continued to be imposed; no and facilitate complaints from detainees. executions had been carried out since 1994.

IMPUNITY Three police officers facing charges of manslaughter following the death in custody of Edson Msiska on 29 January 2012 in MALAYSIA Mzuzu were discharged in July after state prosecutors failed to appear in court; no Malaysia reason was given for their failure to appear. Head of state: King Abdul Halim Mu’adzam Shah The charges were reinstated in August. Edson Head of government: Najib Tun Razak Msiska, a college student, died in suspicious circumstances four days after his arrest for alleged possession of stolen property. Freedom of expression came under attack The case of Robert Chasowa, a as the government increasingly used the student activist who was found dead in Sedition Act to arrest and charge human suspicious circumstances in September rights defenders and opposition politicians.

238 Amnesty International Report 2014/15 Reports of human rights violations by Pusat KOMAS, continued to face politically the police persisted, including deaths in motivated criminal charges under the 2002 custody, torture and other ill-treatment, and Act for screening the film unnecessary and excessive use of force and No fire zone: The killing fields of Sri Lanka in firearms. Religious minorities and LGBTI July 2013. people faced harassment and intimidation. Media outlets and publishing houses The death penalty continued to be imposed, faced sweeping restrictions under the with executions reportedly carried out Printing Presses and Publications Act. The in secret. Act required that licences be obtained for print publications, which could be arbitrarily BACKGROUND revoked by the Home Minister. Independent In September Malaysia was elected to serve media outlets in particular faced difficulty a two-year term on the UN Security Council. in obtaining licences under the Act. Civil Opposition leader Anwar Ibrahim faced five defamation suits were used by government years in prison and a ban from political office officials and politicians in attempts to after his acquittal on politically motivated suppress criticism by media.5 criminal “sodomy” charges was overturned by the Court of Appeal in March.1 Also in March, POLICE AND SECURITY FORCES Malaysia rejected key recommendations Police faced persistent allegations of aimed at strengthening respect for and human rights violations, including deaths in protection of human rights at the adoption custody, torture and other ill-treatment,6 and of its Universal Periodic Review by the UN unnecessary and excessive use of force and Human Rights Council in Geneva.2 firearms. In August the Court of Appeal found the Inspector General of Police and two police FREEDOM OF EXPRESSION officers responsible under civil law for the Freedom of expression was subject to severe death of A. Kugan, who died in police custody restrictions under a range of repressive in 2009.7 At least 13 people were known to laws. In August, the authorities began a have died in police custody during 2014. crackdown on freedom of expression, using Investigations into human rights violations the Sedition Act to investigate, charge and by the police were rare, and suspected imprison human rights defenders, opposition perpetrators were seldom held to account. politicians, a journalist, academics and The government continued to reject students.3 At least two people were convicted calls to establish an Independent Police of sedition during the year and sentenced Complaints and Misconduct Commission to 10 and 12 months’ imprisonment as recommended in the 2005 report of the respectively, while at least 16 others faced Royal Commission. charges by the end of the year. Many more were investigated under the Act, creating a ARBITRARY ARRESTS AND DETENTIONS on free speech. In November, The authorities continued to use the the Prime Minister reneged on his 2012 Prevention of Crime Act (PCA) and the promise to repeal the Sedition Act, and Security Offences (Special Measures) Act instead announced plans to expand its to arbitrarily arrest and detain scores of scope.4 individuals suspected of criminal activities. Human rights defenders faced intimidation The PCA, which was amended in 2013, and harassment because of their work, while allows for indefinite, preventive detention the government persisted in its attempts without charge or trial and undermines key to undermine civil society. Lena Hendry, fair trial rights. a human rights defender with the NGO

Amnesty International Report 2014/15 239 DISCRIMINATION DEATH PENALTY Instances of religious intolerance, as well as In February and March respectively, restrictions on the right to freedom of thought, following national and international criticism, conscience and religion, increased during the executions of Chandran Paskaran the year. The authorities increasingly used and Osariakhi Ernest Obayangbon were religion as a justification for discrimination postponed. They had not been executed against minority religious groups. In June the by the end of the year.8 However, death Federal Court rejected an appeal seeking sentences continued to be imposed and to overturn a ban preventing a Christian reports indicated that executions were carried newspaper from using the world “Allah” in its out in a secretive manner, without prior or publications. The authorities had claimed that posthumous announcements. the use of the word in non-Muslim literature was confusing and could cause Muslims to convert. The ban led to intimidation and 1. Malaysia: Anwar Ibrahim decision a “bleak day for justice” (7 March harassment of Christians, including raids on 2014) places of worship by government authorities, www.amnesty.org/en/news/malaysia-anwar-ibrahim-decision-bleak- and the seizure of books, videos and other day-justice-2014-03-07 materials. Other religious minority groups, 2. Malaysia again reneges on human rights commitments (ASA including the Shi’a, faced intimidation and 28/003/2014) threats of criminalization, while civil society www.amnesty.org/en/library/info/ASA28/003/2014/en groups and human rights organizations also 3. Malaysia: Increasing use of the Sedition Act fosters a climate of faced harassment and intimidation from both repression (ASA 28/008/2014) authorities and certain religious groups. www.amnesty.org/en/library/info/ASA28/008/2014/en In a landmark decision, in November the 4. Malaysia: Open Letter: Use of the Sedition Act to restrict freedom of Court of Appeal ruled that a Negeri Sembilan expression in Malaysia (ASA 28/011/2014) Shari’a law making cross-dressing illegal was www.amnesty.org/en/library/info/ASA28/011/2014/en inconsistent with the Constitution. However, 5. Malaysia: Drop defamation lawsuit against news website (ASA reports were received during the year about 28/004/2014) the arrest and imprisonment of lesbian, gay, www.amnesty.org/en/library/info/ASA28/004/2014/en bisexual, transgender and intersex people 6. Malaysia: Detained student activist at risk of torture: Ali Abdul Jalil purely on the basis of their sexuality, and they (ASA 28/010/2014) continued to face discrimination, both in law www.amnesty.org/en/library/info/ASA28/010/2014/en and practice. 7. Malaysia: Amnesty International welcomes Court of Appeal ruling, calls for investigations into custodial deaths (ASA 28/007/2014) REFUGEES AND ASYLUM-SEEKERS www.amnesty.org/en/library/info/ASA28/007/2014/en Malaysia violated the international prohibition 8. Malaysia: Stayed execution positive but hundreds of others still at risk against refoulement by forcibly returning (7 February 2014) refugees and asylum-seekers to countries www.amnesty.org/en/news/malaysia-stayed-execution-positive- where they faced serious human rights hundreds-others-still-risk-2014-02-07 violations. In May, the authorities forcibly returned two refugees and one asylum-seeker – all of them under the protection of UNHCR, the UN refugee agency – to Sri Lanka where they faced possible torture and other-ill- treatment.

240 Amnesty International Report 2014/15 rights defenders said that in the majority MALDIVES of cases, only women were convicted and flogged. The Office of the Prosecutor General Republic of Maldives told Amnesty International that convictions Head of state and government: were primarily based on confessions. If the Abdul Gayoom accused denied the allegations, the charge of “fornication” was dropped. They said men usually denied the allegations and were not Preparations to resume executions put charged. This was also true for some women, at risk the lives of at least 20 people on unless they had become pregnant or were death row. Judicial flogging continued and under pressure from their communities to the majority of those flogged were women. admit to the allegations. The government failed to bring to justice Amnesty International spoke with a vigilantes who used violence against people woman in 2013 who had been convicted of promoting religious tolerance. Impunity “fornication”. She had been sentenced to continued for police and army officers 20 lashes and four months in prison in June responsible for unnecessary or excessive use 2012, when she was 17 years old. She said of force. someone witnessed her having sex with her boyfriend and reported it to the police, after BACKGROUND which she was arrested and taken to the Parliamentary elections took place in March Juvenile Court where she confessed. The and parties allied to the President won a woman said that this was the second time majority. In April, the parliament adopted she had been flogged – the first time she a new Penal Code, due to come into force was just 14 years old. She said that flogging in 2015. was always carried out by a man and she described her experience: “It was very painful DEATH PENALTY when they flogged me. I was bruised and had The country was preparing to resume marks on my body for some time.” Following executions after more than 60 years. In April, the flogging she was sent to prison. the government introduced “procedural regulations on investigating and penalizing FREEDOMS OF RELIGION the crime of murder” under the Police Act AND EXPRESSION and Clemency Act, clearing the way for No one was brought to justice for the stabbing executions to be carried out. The regulations and serious wounding of religious freedom also contained new procedures relating advocate Ismail “Hilath” Rasheed in 2012. to the execution of individuals who were He had also been attacked in 2011. below 18 years old when the crime was In June, an Islamist vigilante group committed, allowing for them to be executed abducted several young men, held them once they turned 18. Two people were for hours, ill-treated them and warned them sentenced to death by the Juvenile Court for not to promote “atheism”. None of the crimes committed when the offenders were perpetrators were brought to justice. under 18. In August, Ahmed Rilwan Abdulla, a well-known journalist with Minivan News, CRUEL, INHUMAN OR disappeared, possibly by force. He was last DEGRADING PUNISHMENT seen in the early hours of 8 August on the People continued to be sentenced to flogging Malé-Hulhumalé ferry. There were national following convictions for having had sex and international calls on the authorities outside marriage. Media reports and human to do more to uncover his whereabouts.

Amnesty International Report 2014/15 241 He had been investigating, among other remained unstable, with parts of it beyond the things, the activities of vigilante Islamist control of the Malian authorities. groups. His possible enforced disappearance Violent clashes continued to erupt between was believed to be linked to his work as armed groups and the Malian army in a journalist. Kidal in May, in which at least 41 people, including eight civilians, were killed. Peace EXCESSIVE USE OF FORCE discussions continued in Algeria between the The government did not confirm whether it Malian government and armed groups, but was investigating police officers who had used outbreaks of violence persisted. There were unnecessary force against youths peacefully repeated incidents of rocket attacks, mines attending a private music festival in April. and explosive devices in the north injuring Police ransacked their belongings, held 79 and killing Malian and international military youths in handcuffs overnight and ill-treated personnel. Between May and September, some of them. One participant said she was the UN Multidimensional Integrated kicked hard in the back by a policeman Stabilization Mission in Mali (MINUSMA) and another was sprayed with pepper spray was repeatedly attacked by armed groups. without any provocation. In October, nine Nigerian UN peacekeepers were killed when their convoy was ambushed IMPUNITY by an armed group between the towns of No police or army officers were brought Menaka and Ansongo in the Gao region of to justice for beating and injuring dozens northeastern Mali. of members and leaders of the Maldivian In March, the National Assembly approved Democratic Party in February 2012. a law creating a commission for truth, justice and reconciliation. It also created a high court of justice to try officials suspected of treason and crimes during their terms in office. Issaka Sidibé was elected President of MALI the National Assembly in January. In April, Prime Minister Oumar Tatam Ly resigned and Republic of Mali President Keïta named Moussa Mara the new Head of state: Ibrahim Boubacar Keïta Prime Minister. Head of government: Moussa Mara (replaced Oumar Tatam Ly in April) ABUSES BY ARMED GROUPS Investigations continued into the killings of two Radio France Internationale journalists, Internal armed conflict continued to create a and , after climate of persistent insecurity, particularly they were abducted in Kidal in November in the north of the country. Armed groups 2013. Both the French and Malian authorities committed abuses including abductions and opened judicial inquiries. killings. The authorities were slow to take Five Malian staff of the International action against those who committed human Committee of the Red Cross (ICRC) were rights violations during the 2012 conflict. taken hostage in February and held until April. The armed group Movement for BACKGROUND Oneness and Jihad in West Africa claimed Although a peace agreement was signed responsibility for the abductions. between the Malian government and several In May, members of armed groups armed groups in Ouagadougou, Burkina deliberately killed eight male civilians, Faso, in June 2013, the north of the country including six government officials, at the

242 Amnesty International Report 2014/15 Governor’s office in Kidal, northern Mali. imprisoned alongside adults without access They also took 30 people hostage including to family or legal counsel.2 In mid-2014, at government employees from the Governor’s least seven children were detained in the office, some of whom were beaten. The capital, Bamako, alongside adults, without hostages were released on their third day protection measures for children in custody. of captivity after negotiations with UN Most were charged with being members of peacekeeping forces.1 armed groups and with the illegal possession In September, five men from the Tuareg of firearms and ammunitions. Four were tribe were abducted by an armed group in the released in August but other children market in Zouéra, a town situated 80km north remained in detention. of the city of Timbuktu. Four were released a few days later but Hama Ag-Sidi Ahmed was DEATHS IN CUSTODY beheaded. His head was found suspended At least seven people arrested in connection at the marketplace in Zouéra; his decapitated with the conflict died in custody between body was found under a tree in the centre of January 2012 and the end of 2014. At the town. least two such detainees died in custody in Serge Lazarevic, a French hostage Bamako during 2014 due to lack of medical abducted in November 2011 in Hombori, care; Mohamed Ag Sana died in March and Mopti region, was released in November. Ismagel Ag Achkou in May. Three people from the same family were reportedly abducted near the town of Menaka DEATH PENALTY in December. No executions had been carried out in Mali for several decades, but death sentences IMPUNITY continued to be imposed. In August, Bassidiki The government began to tackle the issue of Touré, Souleymane Diarra, Soumaila Dembélé impunity and made some progress, notably and Almamy Traoré were sentenced to death in the case of the enforced disappearance for robbery and complicity. Sounkodjan Diarra of more than 20 soldiers in April 2012. An was sentenced to death for premeditated investigation into these disappearances began murder. His co-accused was sentenced to life in March. A total of 28 people were arrested imprisonment. during the year, including General Amadou Sanogo, leader of the military junta that ruled Mali for part of 2012, and General Ibrahim 1. Mali: All parties to the conflict must put an end to ongoing human Dahirou Dembélé, former Chief of Staff. All rights violations (AFR 37/001/2014) were charged with murder and complicity www.amnesty.org/en/library/info/AFR37/001/2014/en in kidnapping. 2. Mali: Children still paying a high price in ongoing conflict (Press Few prosecutions were brought in release) connection with other cases of enforced www.amnesty.org/en/articles/news/2014/08/mali-children-still- disappearances and there were long delays paying-high-price-ongoing-conflict/ in bringing to justice those responsible for committing human rights violations in the context of the conflict. Some cases, notably the disappearance of 11 men in Timbuktu in February 2013, were yet to be investigated.

CHILDREN’S RIGHTS Children accused of being members of armed groups in the conflict continued to be

Amnesty International Report 2014/15 243 Appeal procedures to challenge MALTA the length and lawfulness of detention remained in breach of international human Republic of Malta rights standards, leaving asylum-seekers Head of state: Marie-Louise Coleiro Preca and migrants exposed to the risk of Head of government: Joseph Muscat arbitrary detention. Conditions in detention cent res remained sub-standard, with many asylum-seekers and Malta maintained a restrictive interpretation migrants experiencing lack of privacy and of search and rescue obligations at sea. poor recreation and leisure facilities. The authorities continued to automatically The government refused to disclose detain asylum-seekers and migrants, in information about the search and rescue breach of international standards, and to operation regarding a trawler carrying deny them effective remedies to challenge over 400 people, mostly Syrian families, their detention. Same-sex couples were which sank on 11 October 2013. Survivors’ granted the same rights as heterosexuals in testimonies and available data indicated that a civil marriage. Constitutional protection rescue may have been delayed due to failures was extended to cover discrimination on by Maltese and Italian authorities. grounds of sexual orientation and gender In December, after a two year delay, the identity. Abortion remained prohibited under government published , the findings of the all circumstances. inquiry into the death of Mamadou Kamara, a 32-year-old Malian national, who died in REFUGEES AND ASYLUM-SEEKERS custody in June 2012 . He had attempted to Malta experienced a drop in irregular boat escape from Safi Barracks detention centre arrivals of refugees and migrants due to and was allegedly severely ill-treated when Italy’s Operation Mare Nostrum during which recaptured. The inquiry report recommended refugees and migrants were being rescued at a review of the asylum-seekers and migrants sea and disembarked on Italian territory. By detention system. the end of September, 565 people had been rescued and brought to Malta (compared to RIGHTS OF LESBIAN, GAY, BISEXUAL, 2,008 people in 2013). Malta continued to TRANSGENDER AND INTERSEX PEOPLE apply a restrictive interpretation of search and On 14 April, the Parliament passed the Civil rescue obligations at sea, aimed at limiting Unions Act, granting same-sex couples the disembarkation of refugees and migrants in same rights as heterosexual couples in a civil its territory.1 marriage. Partners in a civil union were also The authorities continued to automatically allowed to jointly adopt children, with the detain undocumented migrants, often for up same rights and obligations as parents in a to 18 months, and asylum-seekers, for up to civil marriage. 12 months, in breach of Malta’s international On the same day, Parliament amended human rights obligations. On 30 March, the Constitution to include protection the Prime Minister publicly pledged to end from discrimination on grounds of sexual migrant children’s detention. However, orientation and gender identity. children and other vulnerable people continued to be routinely detained as well as SEXUAL AND REPRODUCTIVE RIGHTS unaccompanied minors detained alongside Abortion remained prohibited under all adults while awaiting the outcome of their age circumstances, including to save the life or vulnerability assessment.2 of the woman. In October, the UN Human Rights Committee, considering Malta

244 Amnesty International Report 2014/15 under the ICCPR, raised concern about the political prisoners and prisoners convicted compatibility of the prohibition with the right of common law offences told Amnesty to life. International that they were subjected to torture and other ill-treatment by security forces. Although mainly used to extract 1. Lives adrift: Refugees and migrants in peril in the central “confessions” from detainees, torture Mediterranean (EUR 05/006/2014) and other ill-treatment were also used as www.amnesty.org/en/library/info/EUR05/006/2014/en punishment in prison. The use of torture was 2. Lives adrift: Refugees and migrants in peril in the central facilitated by laws which allowed detainees to Mediterranean: Executive summary (EUR 05/007/2014) be held in police custody for up to 45 days on www.amnesty.org/en/library/info/EUR05/007/2014/en suspicion of national security offences. This limit was regularly exceeded. No action was taken when complaints of torture were made to judges or the police. Reported torture methods included regular MAURITANIA beatings, including beatings with batons; beatings on the back with the hands and Islamic Republic of Mauritania feet handcuffed behind the back; enforced Head of state: General Mohamed Ould Abdel Aziz squatting for long periods; and having an Head of government: Yahya Ould Hademine iron bar placed between the knees and being (replaced Moulaye Ould Mohamed Laghdaf in suspended from two water barrels. Detainees August) reported being made to sign statements under threat without being allowed to read them. Torture and other ill-treatment were routinely used to extract confessions from SLAVERY detainees and as punishment in prisons. Despite the adoption of laws criminalizing Slavery persisted, with generations of slavery and the creation in December 2013 families, particularly women and girls, being of a special tribunal to hear slavery cases, held in slavery. The authorities restricted implementation in practice remained poor. freedoms of expression and assembly, and Court cases were subject to long delays. human rights defenders faced harassment Between 2010 and the end of 2014, at least and intimidation. six cases of slavery were submitted to the Public Prosecutor, but no ruling had been BACKGROUND made by the end of 2014. President Aziz was re-elected for a second A strategy to eradicate slavery was five-year term in June, obtaining more than adopted by the government in March. Its 80% of the vote. The Independent National 29 recommendations included amending Electoral Commission received complaints the 2007 law against slavery to include contesting this result from four other further forms of slavery such as hereditary candidates. President Aziz was also elected slavery, debt bondage and early marriage. to serve as President of the AU for one year It also recommended that the 2007 law in January. should include provisions for reintegration programmes for people freed from slavery, TORTURE AND OTHER ILL-TREATMENT and called for initiatives to raise awareness Prisoners of all ages, status and gender were that slavery is a criminal offence. at risk of torture and other ill-treatment. In May, a complaint was filed against a Women, children, homosexual prisoners, slaveholder in the Echemin region for the

Amnesty International Report 2014/15 245 enslavement of a 15-year-old girl, MBeirika failed to bring the perpetrators of these acts Mint M’Bareck. The slaveholder was charged to justice. with exploitation of a minor, but human IRA member Cheikh Ould Vall was arrested rights organizations called for the charges in February without a warrant. He was held to be changed to slavery. When MBeirika for three days, released and rearrested a Mint M’Bareck was freed in June, the Public week later, reportedly for assisting his mother Prosecutor charged her with Zina (unlawful in a court case over a land dispute. He was sexual intercourse) as she was pregnant. The sentenced to one year in prison in April, with charge was later dropped. At the end of the six months suspended. He was due to be year, her mother and two sisters were still released in August, but remained in detention being held in slavery in the town of Azamat, at the end of the year. near the border with Mali. In June, Aminetou Mint El Moctar, Also in May, a woman and her five President of the Women’s Association of children were reported to be held in slavery Heads of Household, faced a fatwa (religious in Ould Ramy, near Wembou in southeastern decree) including death threats. No action Mauritania, by the anti-slavery organization was known to have been taken by the Initiative for the Resurgence of the Abolitionist authorities to investigate these threats.1 The Movement in Mauritania (IRA). The case was threats came after Aminetou Mint El Moctar transferred to the police, who questioned the called for a fair trial for Cheikh Ould Mkheitir, representatives of IRA, claiming they were who had been arrested in January for an unrecognized organization. Gendarmes publishing an allegedly blasphemous article were sent to investigate but no progress was and was detained in Nouadhibou Prison reported by the end of the year. in northern Mauritania. He was charged with apostasy and faced the death penalty FREEDOMS OF EXPRESSION if convicted. AND ASSEMBLY In September and November, at least 10 The rights to freedom of assembly anti-slavery activists, including Biram Ould and freedom of expression were Dah Ould Abeid, President of the IRA, were repeatedly curtailed. arrested in Nouakchott and Rosso. At the In March there were demonstrations in end of the year, the activists were detained several cities including Nouakchott, Kiffa in different detention centres around the and Aioun against an act of desecration of country, facing charges including public the Qur’an by unidentified men. Security disorder.2 forces in Nouakchott used tear gas, resulting in numerous injuries and the death by ENFORCED DISAPPEARANCES suffocation of one student demonstrator. Of the 14 men convicted of terrorism-related The government closed several Islamic offences who were victims of enforced health and education charities and sealed disappearance in 2011, one died in detention their offices in March. No official explanation in May, while the other 13 were transferred to was offered but the government accused Nouakchott central prison in May and July. these organizations of working outside the Maarouf Ould Haiba, sentenced to death bounds of their missions. in 2010 for the murder of French tourists and then held incommunicado, died in detention HUMAN RIGHTS DEFENDERS in the unofficial detention centre Salah Eddin Human rights defenders and other activists in May. He was transferred to a military faced harassment and intimidation, including hospital several times before his death. The death threats. Police and judicial authorities circumstances of his death remained unclear and no investigation was opened. Salah

246 Amnesty International Report 2014/15 Eddin, situated in the north of the country, civilians was abolished after decades of was closed in July. The remaining prisoners campaigning by victims and civil society were transferred to the central prison organizations. Human rights defenders in Nouakchott. and journalists were harassed, threatened or killed. Some faced politically motivated criminal charges. Irregular migrants 1. Mauritania: Human rights defender threatened, life at risk: Aminetou in transit faced the threat of murder, Mint El Moctar (AFR 38/002/2014) abduction, extortion, sexual violence www.amnesty.org/en/library/info/AFR38/002/2014/en and human trafficking; perpetrators were 2. Mauritania must end clampdown on anti-slavery activists (Press rarely brought to justice. Despite laws to release) combat violence against women, gender- www.amnesty.org/en/articles/news/2014/11/mauritania-must-end- based violence was routine in many states. clamp-down-anti-slavery-activists/ Development and resource exploitation projects in different parts of the country affecting Indigenous communities led to protests and demands for adequate MEXICO consultation and consent. BACKGROUND United Mexican States The government continued its programme of Head of state and government: Enrique Peña Nieto legislative reforms affecting the energy sector, education, telecommunications and political organization. Despite publishing a National There were new reports of enforced Human Rights Program, there was little disappearances, extrajudicial executions evidence of substantive measures to address and torture in the context of violent crime the human rights situation. and lack of accountability in the police Several states including Puebla, Quintana and military. Impunity for human rights Roo, Chiapas and the Federal District violations and ordinary crimes remained the adopted or sought to adopt laws on the norm. More than 22,000 people remained use of force by law enforcement officials abducted, forcibly disappeared or missing, during demonstrations. These changes were according to official records, including inconsistent with international human rights 43 students from Guerrero state. Search standards and posed a threat to freedoms efforts for missing people were generally of expression and association. In Puebla ineffective. Reports of torture and other state, which had recently approved such a ill-treatment continued to be widespread, law, police officers were under investigation as was the failure on the part of federal at the end of the year for the death of a and state prosecutors to adequately 13-year-old boy who died in the context investigate complaints. The Supreme Court of a demonstration, possibly as a result of strengthened legal obligations to exclude excessive use of force. The changes to the evidence obtained under torture. Many law were put under review after the incident. human rights violations continued to be In November the Senate appointed attributed to soldiers and navy marines, who the new president of the National Human continued to be deployed widely to carry Rights Commission (CNDH) for the period out law enforcement operations including 2014 to 2019. Human rights organizations combating organized crime. Military requested full consultation and transparency, jurisdiction over human rights violations in compliance with international standards. committed by military personnel against However, Senators only allowed for one

Amnesty International Report 2014/15 247 meeting with civil society in which a limited several self-defence groups resulted in their number of organizations had to present their incorporation as rural police into official public views briefly, without any further discussion. security forces. Human rights defenders reiterated their Indigenous communities in Guerrero concerns over the ineffectiveness of the state denounced the arrest and prosecution CNDH in addressing the grave human rights of some of their members and leaders. situation and called for the CNDH to fulfil its These communities had previously reached key role in the protection of human rights and agreements with the government regarding the fight against impunity. their own law enforcement activities in their In response to massive demonstrations areas, against a backdrop of long-lasting to demand justice in the case of 43 forcibly neglect and rising crime levels. The cases disappeared students, President Peña Nieto appeared to be politically motivated. announced on 27 November a series of In July, soldiers killed 22 people allegedly legislative and policy measures, including belonging to an armed gang in Tlatlaya, a constitutional change that would give the Mexico state, in what military authorities state control over local police. The measures claimed was a firefight with gunmen. The were to be implemented in stages, starting Federal Prosecutor failed to investigate in the states of Guerrero, Jalisco, Michoacán further, despite evidence that some of and Tamaulipas. The President also proposed the victims were killed at close range. In setting up a nationwide emergency number September, media disclosed witness evidence 911, as well as special economic zones in the indicating that after a brief exchange of fire country’s impoverished south. many of those killed had been extrajudicially executed after surrendering. On 8 November, POLICE AND SECURITY FORCES seven military personnel were charged and Despite official claims that incidents of continued to be under investigation for the organized crime-related violence fell, the executions, but it remained unclear whether situation remained grave. The overall number officials who had sought to cover up the of homicides in the first nine months of the incident would also be prosecuted in the year was 24,746, compared to 26,001 in civilian justice system. the first nine months of 2013. In September, After some delays, in August the new an official national survey estimated that National Gendarmerie began operations the number of abductions in 2013 had with 5,000 officers forming a division of reached 131,946, compared to 105,682 in the Federal Police. The Gendarmerie was 2012. Army and navy marines continued to a significantly smaller force than originally carry out law enforcement duties in many proposed. Its role and operating practices states, often operating without effective remained unclear. The government failed to accountability, resulting in reports of arbitrary take on board recommendations to ensure detentions, torture and other ill-treatment and strong accountability mechanisms, operating extrajudicial executions. protocols and effective supervision to prevent In response to the high levels of violence human rights violations. The force was from organized crime, frequently in collusion temporarily deployed in Mexico state and with local authorities, several armed Guerrero to assume policing functions. civilian self-defence groups emerged in Michoacán state. In consequence, the federal ENFORCED DISAPPEARANCES government deployed the armed forces Abductions and enforced disappearances and Federal Police in large numbers along continued to occur widely. The whereabouts with a new federal commissioner to oversee of most victims remained undisclosed. During security policy in the state. Negotiations with the year, federal officials made a series

248 Amnesty International Report 2014/15 of contradictory statements regarding the forces remained widespread throughout the number of persons reported disappeared or country. These violations were frequently missing and whose whereabouts remained used to extract “confessions” and other undisclosed. In August, the government information to pursue criminal investigations acknowledged some 22,611 missing persons, or for other purposes such as extortion. 9,790 of whom went missing during the Despite scores of complaints at the federal present administration and 12,821 during and state levels, there were few prosecutions the administration of President Felipe and almost no convictions of public officials Calderón (2006 to 2012). The government responsible. failed to make public how it had arrived at As in previous years, the special medical this figure. Impunity remained the norm for examination procedure of the Federal cases of enforced disappearance. In April the Attorney General’s Office for cases of alleged government stated that only seven convictions torture was not applied in most cases. In the had ever been achieved for the crime of minority of cases where it was carried out, enforced disappearance at the federal level, it usually produced results unfavourable to all between 2005 and 2010. the complainant. Officials generally failed In September, municipal police in the to apply the procedure in compliance with town of Iguala in collusion with organized the principles of the Istanbul Protocol, criminals were responsible for the enforced including promptness and providing victims disappearance of 43 students from a teacher with full results. In two exceptional cases the training college in Ayotzinapa, Guerrero Federal Attorney General’s Office dropped state. Investigations uncovered several mass charges against the victims of torture after graves and a dump site containing human finally accepting evidence that they had remains. In November, the Federal Attorney been tortured in order to falsely implicate General announced that the main line of themselves. The victims had spent between investigation, based on the testimonies of three and five years in pre-trial detention. three gang members apparently involved in Independent medical examinations, which the case, indicated that the students were were conducted in line with the Istanbul killed, burned and dumped in a river. His Protocol, were central to demonstrating that announcement failed to address the general they had been tortured. levels of impunity, corruption and unresolved In May the National Supreme Court cases of disappearance in Mexico. More than published its 2013 judgment on the case of 70 local public officials and gang members Israel Arzate who was arbitrarily arrested and were arrested and charged in relation to the tortured by army officers in order to accuse case. There was no information regarding him of involvement in the Villas de Salvárcar the possible responsibility, by omission or massacre in 2010. The judgment set out commission, of public officials at the state important criteria for the inadmissibility of or federal level. On 7 December, the Federal evidence deriving from unlawful detention Attorney General announced that the remains and the obligation to investigate allegations of of one of the students had been identified torture. However, the judgment did not set a by independent forensic experts. By the end binding precedent for other courts. of the year, the whereabouts of the other 42 remained undisclosed. JUSTICE SYSTEM Public security and criminal justice officials TORTURE AND OTHER ILL-TREATMENT frequently ignored human rights violations Arbitrary detention and torture and other and remained ineffective at investigating and ill-treatment by members of the armed forces, prosecuting common crime as well as human as well as federal, state and municipal police rights violations, reinforcing impunity and

Amnesty International Report 2014/15 249 distrust in the legal system. In March, a new flawed investigations frequently as a result of National Criminal Procedural Code for all 33 official disinterest, particularly by state-level federal and state criminal justice jurisdictions authorities. The pervasive impunity increased came into force as part of a gradual reform. the climate of insecurity within which The government argued that the application defenders and journalists operated. of the Code would improve the protection of The federal Mechanism for the Protection human rights by making evidence obtained of Human Rights Defenders and Journalists from human rights violations, such as announced in November that it had received unlawful detentions and torture, inadmissible. 72 cases in the first nine months of the year. However, the Code had yet to be applied or In general, it continued to fail to provide the criteria for excluding evidence worked out timely and effective protection. The agreed in detail. protection measures were often reliant on In January the Executive Commission for the support of local authorities, even in the Attention of Victims was established under those cases where local authorities were the National Victims Law to provide victims thought to be involved in the attacks. Several of crime, including human rights violations, beneficiaries of protection measures were improved access to justice and reparations. temporarily forced to leave their communities It replaced the Social Procurator for victims for security reasons. Other defenders of crime, but it remained unclear if it would and journalists continued to wait for the enjoy the resources and powers sufficient mechanism to review their cases. to meet the needs of victims. The regulatory Several human rights defenders and code for the National Victims Law was not community activists faced prosecution on approved, limiting implementation of the law. criminal charges that appeared politically In June, reforms to the Code of Military motivated in reprisal for their legitimate Justice came into force. The reforms, activities, including participating in protests. secured after years of campaigning by Many faced lengthy legal battles in unfair victims and human rights organizations, judicial proceedings to prove their innocence. excluded from the system of military justice crimes committed by members of the armed VIOLENCE AGAINST WOMEN AND GIRLS forces against civilians. The reforms failed Violence against women and girls remained to exclude from military jurisdiction human endemic throughout the country, including rights violations committed against members rape, abductions and killings. Many of the armed forces. Nevertheless they were a authorities continued to fail to implement major advance in ending impunity for abuses legal and administrative measures to committed by military personnel. At the end improve prevention, protection from and of the year, four military personnel remained investigation of gender-based violence. in detention in the civilian justice system The National System for the Prevention, accused of involvement in the 2002 rape Sanction and Eradication of Violence against of two Indigenous women, Inés Fernández Women refused to apply the “Gender Alert” Ortega and Valentina Rosendo Cantú. mechanism, which is designed to mobilize authorities to combat widespread gender HUMAN RIGHTS DEFENDERS violence and elicit an effective, official AND JOURNALISTS response to cases of violence. Many human rights defenders and journalists In January, the National Supreme Court were threatened, attacked or killed in reprisal ordered the release of Adriana Manzanares for their legitimate work. No perpetrators Cayetano, an Indigenous woman who spent were known to have been identified or six years of a 22-year sentence in prison brought to justice. This was largely due to after being convicted of killing her newborn

250 Amnesty International Report 2014/15 baby. Evidence that the child was stillborn Council Universal Periodic Review of Mexico. was ignored, and violations of her right to an In May, the UN Special Rapporteur on effective defence and the presumption of torture visited Mexico and issued preliminary innocence resulted in an unsafe conviction. conclusions that torture and other ill- treatment remained widespread. In June, REFUGEES' AND MIGRANTS’ RIGHTS the UN Special Rapporteur on extrajudicial Insecurity and social deprivation in their executions published his report of his mission home countries drove increasing numbers of to Mexico in early 2013, which highlighted Central American migrants to cross Mexico to high levels of killings and impunity. In August reach the USA, particularly unaccompanied the Special Rapporteur on migrants’ rights of children. Migrants continued to be killed, the Inter-American Commission on Human abducted and subject to extortion by criminal Rights issued his report of his visit to Mexico. gangs, often operating in collusion with The report detailed pervasive violence public officials. Women and children were against migrants, the denial of due process particularly vulnerable to sexual violence and and judicial protections, and other human people trafficking. There were continued rights abuses. reports of ill-treatment by police and migration officials carrying out detentions. FREEDOM OF EXPRESSION Irregular migrants continued to be held in A telecommunications bill threatened to administrative detention pending deportation. establish potentially arbitrary executive Migrants’ rights defenders providing safe powers over the internet and insufficient havens to migrants and denouncing abuses judicial control over the interception of suffered by migrants continued to face threats electronic communications. and intimidation. Several received protection measures, but in some cases these were not applied effectively and failed to prevent new threats being made. Those responsible for the threats were not brought to justice. MOLDOVA

INDIGENOUS PEOPLES’ RIGHTS Republic of Moldova Indigenous communities continued to suffer Head of state: Nicolae Timofti discrimination in the criminal justice system Head of government: Iurie Leancă as well as limited access to basic services, such as water, housing and health care. The failure to effectively consult Indigenous Despite Moldova sentencing perpetrators communities in order to obtain free, prior of torture to terms of imprisonment for and informed consent regarding economic the first time, long-term systemic failings development projects affecting their lands meant that the widespread problem of and traditional way of living resulted in impunity persisted. The authorities failed protests and disputes. These in turn led to to amend discriminatory legislation, leaving threats and attacks on community leaders marginalized groups vulnerable. and in some cases criminal prosecutions of activists, apparently based on politically TORTURE AND OTHER ILL-TREATMENT motivated charges. The General Prosecutor’s Office said it received significantly fewer complaints INTERNATIONAL SCRUTINY of torture and other ill-treatment than for In March, Mexico accepted 166 of 176 2013. For the first time, in July, three police recommendations of the UN Human Rights officers were each sentenced to three years’

Amnesty International Report 2014/15 251 imprisonment for the torture of two men in Rights had ruled in seven cases and found 2011, under Article 166 of the Criminal Code, violations of Article 3 (prohibition of torture) which came into effect in December 2012. In in each. In all seven cases, the Court found September, a further two police officers were that the investigations were heavily flawed sentenced to six years’ imprisonment and because of repeated refusals to start criminal one officer was given a five-year suspended investigations, and the failure to take into sentence for the torture of two brothers in account vital evidence. early 2012. These developments reflect Torture and other ill-treatment of those held legislative changes that have facilitated in mental health institutions was increasingly prosecution for torture and efforts to ensure recognized as a concern. Following a pilot that law enforcement officers were better project establishing an ombudsperson for informed of their human rights obligations psychiatry which was initiated in 2011 in and the rights of detainees. However, a collaboration between the UN and the impunity for past police abuses remained a Moldovan authorities, a high number of significant problem. complaints of torture were received and 2014 marked the fifth anniversary of the progress was achieved in addressing them. April 2009 post-election demonstrations Plans were in place to formalize the position and the authorities failed to deliver justice to and integrate it into Moldova’s official the vast majority of those who were tortured health system. or otherwise ill-treated by law enforcement officers during those events. Of 102 CRUEL, INHUMAN OR official complaints received by the General DEGRADING PUNISHMENT Prosecutor’s Office, criminal investigations The May 2012 law introducing compulsory were initiated in 58 cases, of which only chemical castration as a punishment for 31 cases reached the courts. Suspended violent child abusers was abolished by sentences were passed against 27 police Parliament in December 2013. officers, and at the end of 2013 an officer was acquitted of the murder of Valeriu Boboc, DISCRIMINATION who died as a result of injuries sustained The LGBTI community in Moldova celebrated through torture. the first successful Pride march in May. While The five-year statute of limitations the 2013 Pride march marked an historical for alleged abuses committed by law first, the 2014 event saw participants able enforcement officers expired in April, leaving to walk the entire planned route through a significant number of those who were the centre of the capital, Chisinau, for the subjected to torture and other ill-treatment first time, and overall they were adequately during the events of April 2009 without secured by the police against threats by further recourse to domestic remedy. In May, counter-demonstrators. the Chisinau Court of Appeal overturned an Despite this positive development, the Law earlier decision by the Supreme Court of on Ensuring Equality, which came into effect Moldova and sentenced police officer Radu in January 2013, fell short of international Starinschi to two years’ imprisonment for standards. The law does not explicitly list the torture of Sergiu Cretu but the sentence sexual orientation and gender identity as one could not be enforced as it fell outside the of the prohibited grounds for discrimination, period of the statute of limitations. In October, apart from in relation to discrimination in the police officer was promoted. Not a the workplace. Police failed to adequately single police officer has been imprisoned in investigate a number of assaults on LGBTI connection with the April 2009 events. By the rights activists. end of the year the European Court of Human

252 Amnesty International Report 2014/15 In February, three former detainees who MONGOLIA had been held in the pre-trial detention centre of Arkhangai province lodged a Mongolia complaint with the National Human Rights Head of state: Tsakhia Elbegdorj Commission of Mongolia claiming that they Head of government: Chimediin Saikhanbileg had been subjected to beatings and electric shocks to extract “confessions” while held there. One of them claimed that he had Torture and other ill-treatment in police been deprived of food for six days to coerce custody remained widespread. Forced him into pleading guilty. Because the SIU evictions occurred in urban areas. had been disbanded, the police department Discrimination based on gender, sexual of Arkhangai province was in charge of orientation and disability went largely investigating their own colleagues. The unchallenged. Asylum-seekers were allegations of torture and other ill-treatment deported in violation of the non-refoulement were subsequently dismissed. principle by being forcibly returned to a country where they risked serious human HOUSING RIGHTS – FORCED EVICTIONS rights violations. Residents of ger (traditional wool felt dwellings) districts in Ulaanbaatar suffered BACKGROUND from lack of access to adequate housing The International Convention against enforced and essential services including water and disappearance was ratified in October by sanitation. Promised adequate alternative Mongolia. However, the Second Optional housing still had to be provided to some Protocol to the ICCPR, aiming at the abolition of the residents of the 7th micro-district of of the death penalty, which had been ratified Ulaanbaatar who had been forcibly evicted in 2012, had not led to changes in national from their homes in 2007 without genuine legislation. consultation or other appropriate legal or procedural safeguards or protection. TORTURE AND OTHER ILL-TREATMENT The use of torture and other ill-treatment, DISCRIMINATION particularly to obtain “confessions”, remained Discrimination persisted on the basis a serious human rights concern. Police of ethnicity, gender, sexual orientation, officers and prison guards suspected of gender identity and disability. Gender torture and other ill-treatment of people held discrimination in particular affected women at police stations and detention centres were from marginalized groups such as those not effectively investigated, leading to lack of living in rural areas and ethnic minority accountability. women. Hostility, discrimination and violence The Special Investigation Unit (SIU) especially against lesbian, gay, bisexual, in the State General Prosecutor’s Office transgender and intersex individuals was disbanded in January. The SIU was continued. The legal definition of rape did not responsible for investigating complaints include men and boys so male victims of rape against prosecutors, judges and police officers had particular difficulty in seeking adequate who allegedly coerced statements during treatment, justice, redress and compensation. interrogation. Mongolia therefore lacked an independent mechanism to effectively REFUGEES AND ASYLUM-SEEKERS investigate allegations of torture and other In May, two Chinese asylum-seekers from ill-treatment as the police themselves were in the Inner-Mongolia Autonomous Region were charge of reviewing such claims. deported back to the People's Republic of

Amnesty International Report 2014/15 253 China. This occurred even though at least former prisoners held at Morinj camp were one of them was in the process of having each awarded compensation of between his claim for refugee status determined by €20,000 and €30,000 for their ill-treatment. UNHCR, the UN refugee agency, violating A further 200 former prisoners were the non-refoulement principle by carrying claiming reparation. out deportations before the process of status In March, former police officials acquitted determination was completed, and sending of war crimes in 2013 opened a case individuals to a country where they were at for compensation against Montenegro risk of serious human rights violations. for €1 million, on the grounds that they were unlawfully detained and deprived of their liberty. In August, Montenegro signed a regional declaration on missing persons, and MONTENEGRO committed to establishing the fate and whereabouts of 61 missing people. Montenegro Head of state: Filip Vujanović FREEDOM OF EXPRESSION Head of government: Milo Djukanović Following the establishment in 2013 of a Commission to monitor police investigations into attacks and threats against journalists Decisions in war crimes cases continued and independent media, investigations were to be inconsistent with international law. reopened into the 2004 murder of Duško Independent journalists were subject to Jovanović, editor of the Dan newspaper. threats and attacks. Impunity persisted Suspects in the 2007 attack on journalist for law enforcement officers suspected of Tufik Softić were arrested in July for torture and other ill-treatment. attempted murder. Investigations continued into a series of attacks on the daily newspaper CRIMES UNDER INTERNATIONAL LAW Vijesti. Arrests were made in the case of Dan In June, both the Committee against Torture journalist Lidija Nikčević, who was attacked and the UN Working Group on Enforced by masked men outside her office in Niksić Disappearances found that the courts had in January. failed to fully apply domestic law and had misinterpreted international humanitarian law TORTURE AND OTHER ILL-TREATMENT in decisions in cases prosecuted since 2008. In May the European Committee for the On 31 December 2013, a former Yugoslav Prevention of Torture reported that in 2013 Army commander and seven reservists people detained or invited for “informative were acquitted of the murder in April 1999 talks” by the police ran an “appreciable of 18 refugees from Kosovo in the village of risk” of ill-treatment. They urged that law Kaluđerski Laz near Rozaje. enforcement officers be regularly informed In February, the Appellate Court upheld that ill-treatment is illegal. the conviction of four former Yugoslav Army In October, three police officers were reservists for the torture and other ill- convicted and sentenced to the minimum treatment of around 250 Croatian Prisoners of three months’ imprisonment for assisting of War at Morinj detention camp in 1991- in the ill-treatment of Aleksandar Pejanović 1992. They were sentenced to periods in the Betonjerka detention centre in 2008 of imprisonment that were less than the by up to 10 masked members of the Special statutory minimum and failed to reflect the Intervention Police Unit, whose identities were gravity of their crimes. In March, seven

254 Amnesty International Report 2014/15 not disclosed to the prosecution by senior including passports, required to apply for the police officials. status before the December 2014 deadline. Montenegro remained a transit country RIGHTS OF LESBIAN, GAY, BISEXUAL, for migrants and asylum-seekers. Asylum TRANSGENDER AND INTERSEX PEOPLE procedures were not effective; between Discrimination against LGBTI people, January and November only two people were including threats and physical attacks, granted asylum. continued. Perpetrators were rarely identified, and where prosecutions took place, attacks were generally classified as misdemeanors. Legislative provisions introduced in 2013 allowing for the hate motive to be considered MOROCCO/ in sentencing were not applied. The LGBTIQ social centre in Podgorica was attacked 26 WESTERN SAHARA times during 2014, despite being provided with police protection; the authorities failed Kingdom of Morocco to conduct effective investigations and Head of state: King Mohamed VI bring perpetrators to justice. The Podgorica Head of government: Abdelilah Benkirane Pride, held in November, was adequately protected by police; 10 counter-protestors were arrested. The authorities continued to restrict rights to freedom of expression, association DISCRIMINATION – ROMA and assembly. They curtailed dissent, Roma, Ashkali and Egyptians displaced from prosecuting journalists and imprisoning Kosovo in 1999 remained without adequate activists, restricted human rights groups housing, including those living in containers and other associations, and forcibly at the Konik collective centre. In November, dispersed peaceful and other protests. the foundation stone was laid for the Torture and other ill-treatment in detention construction of adequate housing at Konik. persisted due to inadequate safeguards In May, Roma families who had been under and accountability, and courts’ acceptance threat of eviction in Zverinjak for three years of torture-tainted confessions. A new law were promised adequate housing in 2015. closed a loophole that had enabled rapists to evade justice, but women remained REFUGEES' AND MIGRANTS’ RIGHTS inadequately protected against sexual In July, eight men were acquitted of the violence. Authorities collaborated in unlawful transportation to Italy of 70 Roma the unlawful expulsion of migrants and refugees from Kosovo in 1999. Thirty-five of asylum-seekers to Morocco from Spain. the refugees drowned when the boat Miss The death penalty remained in force but Pat – registered to carry six passengers – the government maintained a longstanding capsized in Montenegrin waters. moratorium on executions. Around a third of the 16,000 refugees in Montenegro, including most of the 4,000 BACKGROUND Roma, Ashkali and Egyptians displaced Following the introduction of a new from Kosovo, remain at risk of statelessness. Constitution in 2011, the government began While a few had acquired the status of implementing legal and judicial reforms. “foreigner with permanent residence”, the Legislators approved a law to end trials of remainder had not yet applied or faced civilians before military courts and amended barriers to obtaining personal documents, the Penal Code to prevent rapists evading

Amnesty International Report 2014/15 255 punishment by marrying the victim. Draft were sentenced to prison terms of three and Codes of Criminal and Civil Procedure had yet two years respectively and ordered to pay to be debated at the end of 2014. compensation for “slander” of the police Political dissent receded compared to although neither of them had accused the previous years but social unrest continued, police.2 Their prosecution and imprisonment marked by protests on employment, could deter victims of police abuses from housing, and a fairer distribution of the coming forward. wealth generated from the country’s In October, a court sentenced 17-year- natural resources. old rapper Othman Atiq, who uses the stage name “Mr Crazy”, to three months in FREEDOM OF EXPRESSION prison for “insulting” Morocco’s police force, Authorities prosecuted journalists, activists, “harming public morality” and “incitement artists and others who criticized, or were to drugs consumption” in his songs and deemed to have insulted, the King or state music videos. institutions, or to have advocated “terrorism”, according to the broad meaning of this term FREEDOM OF ASSOCIATION under Morocco’s anti-terrorism legislation. Authorities blocked efforts by several human Journalist Ali Anouzla remained on trial rights groups to obtain official registration charged with advocating and assisting that would allow them to operate legally. They terrorism for publishing an article on the included AMDH branches and Freedom Now, Lakome online news website about a video a press freedom organization founded by Ali released by the armed group al-Qa’ida in the Anouzla and other independent journalists, Islamic Maghreb (AQIM). Although he did human rights defenders and intellectuals. not republish the video, entitled Morocco: During the second half of 2014, authorities Kingdom of Corruption and Despotism, banned public events by several human and branded it “propaganda”, if convicted rights groups across the country. Restrictions Ali Anouzla could face up to 20 years’ continued unabated until the end of the year imprisonment.1 despite a landmark administrative court ruling Authorities brought defamation and public deeming the ban of an AMDH public event in insult charges against journalist Hamid El Rabat in September to be unlawful.3 Mahdaoui, after the national director of police In September, authorities also prevented complained about articles he had published Amnesty International from holding its annual on the Badil news website about the death youth camp.4 of Karim Lachqar in Al Hoceima following his arrest and detention by police. The police FREEDOM OF ASSEMBLY called for the journalist to be banned from Police and other security forces dispersed his profession for 10 years, and that he pay peaceful and other protests by unemployed them heavy damages. His trial was continuing graduates, workers, students, social justice at the end of the year. Rabie Lablak, who activists, and supporters of the 20 February witnessed Karim Lachqar’s arrest, was Movement, which advocates political reform. prosecuted for “false reporting” about the Unnecessary or excessive force was often circumstances of the arrest. used. Other protests were banned. Some In June and July, two members of the protesters were arrested and detained for Moroccan Association for Human Rights months, then sentenced to prison terms (AMDH), Oussama Housne and Wafae after trials that failed to satisfy international Charaf, were convicted on charges of “falsely standards of fair trial. Courts often relied reporting” that unidentified individuals had on shaky evidence to convict protesters previously abducted and tortured them. They

256 Amnesty International Report 2014/15 on charges of assaulting security forces or permit protests and forcibly dispersed damaging property. gatherings when they did occur, often using In December, authorities imposed a fine of excessive force. 1 million dirhams (approximately €90,000) Abdelmoutaleb Sarir alleged that police on 52 members of the Al-Adl Wal Ihsane officers subjected him to torture, including (Justice and Spirituality) organization in the rape with a bottle, after his arrest in February area of Tinghir and Ouarzazate for “holding in connection with a protest in Laayoune, unauthorized meetings” in private homes and forced him to sign an interrogation report in 2008. without permitting him to read it. Judicial In April, police arrested nine men after they authorities are not known to have investigated participated in a peaceful demonstration by his allegations or ordered a medical graduates seeking public sector employment examination to identify torture-related injuries. in Rabat. Youssef Mahfoud, Ahmed El Nioua, On 10 September, a court sentenced him to Moufid El Khamis, Rachid Benhamou, 10 months in prison on charges that included Soulimane Benirou, Abdelhak El Har, Aziz “forming a criminal gang” and “insulting and El Zitouni, Mohamed El Allali and Mustapha assaulting security officers”, on the basis of Abouzir subsequently received prison the confession contained in the interrogation sentences of 28 months, 12 months of which report that he said he had been forced to were suspended, after being convicted of sign.5 charges including “obstructing trains” and Moroccan officials in Western Sahara “rebellion”. frustrated attempts by human rights groups Eleven members of the 20 February such as the Sahrawi Association of Victims of Movement were also arrested in April when Grave Human Rights Violations Committed by they attended a peaceful and officially the Moroccan State (ASVDH) to obtain official authorized trade union demonstration in registration, which they require to operate Casablanca. Two of them received suspended legally, have official premises, hold public sentences of two months’ imprisonment events, and apply for funding. and were released, but the nine others were At least 39 foreign journalists and activists held in pre-trial detention until June, when reported that Moroccan authorities barred they were convicted on charges of assaulting them from entry or expelled them from police officers. They were sentenced to Western Sahara in 2014. prison terms of six months or a year, as well In April, the UN Security Council again as fined and ordered to pay compensation to extended the mandate of the UN Mission the police. Their sentences were suspended for the Referendum in Western Sahara on appeal. (MINURSO) for a year, but without adding a human rights monitoring component. REPRESSION OF DISSENT – SAHRAWI ACTIVISTS TORTURE AND OTHER ILL-TREATMENT Moroccan authorities continued to clamp Torture and other ill-treatment, often in the down on all advocacy of Sahrawi self- immediate aftermath of arrest, continued determination in Western Sahara, annexed by to be reported. In a few cases, medical Morocco in 1975. Sahrawi political activists, examinations were ordered but generally the protesters, human rights defenders and authorities failed to conduct investigations. media workers faced an array of restrictions Courts continued to accept as evidence of affecting their rights to freedom of expression, guilt confessions that defendants alleged association and assembly, and were liable had been obtained through torture or other to arrest, torture and other ill-treatment ill-treatment. and prosecution. The authorities did not

Amnesty International Report 2014/15 257 The Minister of Justice and Liberties issued Rabat. The victim of an apparently politically letters to prosecutors and judges in May, motivated prosecution, he faced charges of calling for them to order forensic medical possessing ammunition without a licence examinations and investigations when faced and attempted manufacturing of weapons, with allegations of torture or other ill-treatment based on his possession of an antique rifle in detention. that police found when they arrested him in In May, authorities re-opened an September 2013. His trial, due to open in investigation into the torture of prisoner January 2014, was postponed indefinitely at Ali Aarrass following a decision by the UN the prosecution’s request. Committee against Torture. Ali Aarrass, In March, gendarmes arrested Omar detained in Morocco since his forcible return Moujane, Ibrahim Hamdaoui and from Spain in 2010, reported being tortured Abdessamad Madri, activists who were and otherwise ill-treated during his detention participating in a peaceful protest against the in Morocco in 2010 and subsequently. use of natural resources at a silver mine near The investigation was ongoing at the end of Imider, in the southern Atlas mountains. The the year. three were ill-treated during interrogation, In August, a court in Agadir overturned and then tried and convicted on charges the conviction of a defendant on the ground that included obstructing traffic and the right that his confession was coerced after a to work, unauthorized protest and criminal forensic medical examination had confirmed damage and rebellion. They were sentenced his torture. A police officer remained under after an unfair trial to three-year prison terms, investigation for alleged torture or other ill- fined, and ordered to pay compensation to treatment at the end of the year. the mining company. The court relied heavily Prison inmates, including untried on interrogation reports that the defendants detainees, launched hunger strikes to protest said they were misled into signing and not against harsh conditions, including poor allowed to read. At the end of the year, the hygiene and sanitation, inadequate nutrition cases were awaiting review by the Court and health care, severe overcrowding, and of Cassation. limited visiting rights and access to education. LACK OF ACCOUNTABILITY UNFAIR TRIALS Despite progress on judicial reforms, the Courts frequently ignored complaints by authorities made no progress on other defence lawyers about violations of criminal key recommendations of the Equity and procedure and relied on confessions Reconciliation Commission concerning allegedly obtained through torture or other security sector reform and a national ill-treatment while defendants were held in strategy to combat impunity. Victims of the pre-trial detention. In some cases, courts serious human rights violations perpetrated refused to allow defence lawyers to cross- between 1956 and 1999 continued to be examine prosecution witnesses or to call denied justice, and several cases of enforced defence witnesses. disappearance remained unresolved. Authorities prosecuted protesters and activists on charges such as rebellion, armed WOMEN’S AND GIRLS' RIGHTS gathering, assault, theft and property damage, In January, parliament agreed an amendment or on drugs charges. to Article 475 of the Penal Code that removed Mbarek Daoudi, a former Moroccan a provision that had formerly allowed army soldier and advocate of Sahrawi self- men who raped girls under 18 to escape determination, remained in detention awaiting justice by marrying the victims. However, trial before the Permanent Military Court in a draft law on violence against women and

258 Amnesty International Report 2014/15 children, intended to remedy the lack of a POLISARIO CAMPS comprehensive legal and policy framework The Tindouf camps in Algeria’s Mhiriz to address such abuses, remained under region that accommodate Sahrawis who fled consideration by the expert committee to Western Sahara at the time of its annexation which it was referred in December 2013. by Morocco continued to lack regular Women were inadequately protected independent human rights monitoring. The against sexual violence, and consensual sex Polisario Front took no measures to end outside marriage remained a crime. impunity for those accused of committing human rights abuses in the camps during the RIGHT TO PRIVACY 1970s and 1980s. In May, September and December, courts in Fqih Ben Salah, Marrakech and Al Hoceima convicted eight men on charges that included 1. Morocco: Stop using ‘terrorism’ as a pretext to imprison journalists engaging in homosexual acts and imposed (Press release) prison terms of up to three years. Consensual www.amnesty.org/en/articles/news/2014/05/morocco-stop-using- same-sex acts remained a crime. terrorism-pretext-imprison-journalists/ 2. Morocco: Activists jailed for reporting torture must be released REFUGEES, ASYLUM- immediately (Press release) SEEKERS AND MIGRANTS www.amnesty.org/en/articles/news/2014/08/morocco-activists-jailed- Authorities continued to collaborate with reporting-torture-must-be-released-immediately/ Spanish officials in unlawfully expelling 3. Morocco/Western Sahara: Lift restrictions on associations (Public migrants, mostly from sub-Saharan Africa, statement) who entered Spain irregularly by crossing www.amnesty.org/download/Documents/212000/mde290102014en. the border fence between Morocco and pdf the Spanish enclaves of Melilla and Ceuta. 4. Amnesty International deplores the Moroccan authorities’ decision to Moroccan authorities co-operated in the ban youth camp (MDE 29/006/2014) readmission to Morocco of some of these www.amnesty.org/en/library/info/MDE29/006/2014/en migrants, including possible asylum- 5. Morocco: Sahrawis on hunger strike against torture (MDE seekers, amid reports that both Spanish and 29/007/2014) Moroccan border police used unnecessary www.amnesty.org/en/library/info/MDE29/007/2014/en and excessive force. The authorities failed to investigate these deaths and injuries, and other incidents of racial violence against sub- Saharan migrants in August and September in Tangiers and Nador. MOZAMBIQUE

DEATH PENALTY Republic of Mozambique Courts imposed at least nine death sentences; Head of state and government: Filipe Jacinto Nyussi there were no executions. The government (replaced Armando Guebuza in October) maintained a de facto moratorium on executions in place since 1993. No death row prisoners had their sentences commuted to Police used unlawful force and firearms prison terms. resulting in some deaths. Criticism of In December, Morocco abstained on a President Guebuza on Facebook led to UN General Assembly resolution calling for a criminal charges against one person. Draft worldwide moratorium on executions. laws impacting on the rights of women and girls were approved by Parliament, but still had to be passed into law.

Amnesty International Report 2014/15 259 BACKGROUND another unnamed individual were reportedly On 23 May, Afonso Dhlakama, leader of the shot in the crossfire. However, footage of the Mozambique National Resistance, declared incident showed that Ribeiro João Nhassengo that he would stand for Presidential elections. had been shot and killed while inside a car In September he returned to the capital, with closed windows. No investigation has Maputo, and publicly signed a peace deal been carried out into the circumstances with President Armando Guebuza. Afonso surrounding the deaths to determine the Dhlakama had been in hiding since October lawfulness of the use of firearms by police. 2013 when Mozambique armed forces invaded his base in Satunjira, Sofala province. EXCESSIVE USE OF FORCE The peace deal signed in September ended There were reports of police using excessive the two year-long clashes between Renamo force against alleged criminal suspects, those fighters and the ForçasArmadas de Defesa de they suspected of being Renamo fighters, as Moçambique (FADM), as well as the attacks well as unarmed civilians. by Renamo fighters on buses and cars on the On 21 June, an armed police officer in main highway. The clashes resulted in the the central neighbourhood of Maputo shot deaths of scores of people, including civilians. at a vehicle after an altercation regarding an On 15 October Mozambique held its fifth illegal traffic manoeuvre. The officer from Presidential elections since independence the Mozambique Republic Police reportedly in 1975. The ruling party, Front for the stopped the driver around 8pm and Liberation of Mozambique, maintained power questioned him about the illegal manoeuvre. and the former Minister of Defence, Filipe When the driver requested a traffic officer be Jacinto Nyussi, became Mozambique’s third called to provide him with a traffic fine, the democratically elected President. police officer reportedly threatened to kill him. Mozambique’s human rights record was An altercation ensued and the police officer assessed at the 55th Ordinary Session of the reportedly shot at the car three times. African Commission on Human and Peoples’ Rights hosted by Angola in Luanda from 28 FREEDOM OF EXPRESSION April to 12 May.1 In August, parliament provisionally approved the Access to Information Bill, which had UNLAWFUL KILLINGS been in discussion since 2005. It still required Police reportedly made unlawful use of further approval by parliament and signing firearms in Maputo, Gaza and Nampula into law by the President at the end of the provinces resulting in at least four deaths. No year. Despite this step forward, the right to investigations appear to have been carried out freedom of expression was suppressed. into these cases to determine the lawfulness In May, economist Carlos Nuno Castelo- of the use of firearms by the police. Branco was called before the Public In January, police shot and killed 26-year- Prosecutor’s office in Maputo to answer old Ribeiro João Nhassengo and another questions related to charges against him for person. A police spokesperson claimed defamation against the Head of State, which that police responded to an anonymous constitutes a crime against the security of the call regarding cars outside a shop in the state. The charges emanated from an open Triunfo neighbourhood of Maputo in the letter Carlos Nuno Castelo-Branco had posted early hours around 29 January and found on his Facebook page in November 2013, men in two cars with an alleged kidnapping questioning the governance of the country victim. The police spokesperson stated that by President Guebuza. The open letter was the suspects let the victim go, but a shoot- subsequently published by some newspapers out ensued. Ribeiro João Nhassengo and

260 Amnesty International Report 2014/15 in the country. No further proceedings were in key areas. The situation of the Rohingya reported by the end of the year. deteriorated, with ongoing discrimination in law and practice exacerbated by a WOMEN’S AND GIRLS’ RIGHTS dire humanitarian situation. Anti-Muslim In July, parliament approved the draft violence persisted, with the authorities Criminal Code without a controversial article failing to hold suspected perpetrators to that would have enabled rapists to escape account. Reports of abuses of international prosecution by marrying their victim. Human human rights and humanitarian law in areas rights activists had campaigned against this of armed conflict persisted. Freedoms of article.2 expression and peaceful assembly remained The draft approved by Parliament further severely restricted, with scores of human did not require an official complaint from rights defenders, journalists and political relevant individuals in the case of sexual activists arrested and imprisoned. Impunity offences against those under 16 years of age persisted for past crimes. before starting a criminal proceeding. It still required an official complaint to be made BACKGROUND by all other victims of sexual offences before Myanmar assumed the chair of the a criminal proceeding could be instituted. Association of Southeast Asian Nations However, an article remained on the rape of (ASEAN) in January. In March, the minors, which referred to minors as those government announced parliamentary under 12 years of age. The draft law was by-elections for the end of the year, later waiting to be signed by the President before cancelled, and general elections in 2015. becoming law at the end of the year. Despite a national campaign to amend the 2008 Constitution, led by the opposition National League for Democracy (NLD) and 1. Statement on prison conditions to the African Commission on Human its leader , by the end of and Peoples' Rights the year she was still constitutionally barred www.amnesty.org/en/library/info/AFR01/008/2014/en from running for the presidency, and the Mozambique: Submission to the African Commission on Human and military still held a veto power on any future Peoples’ Rights: 54th Ordinary Session of the African Commission on constitutional changes. Human and Peoples’ Rights www.amnesty.org/en/library/info/AFR41/007/2013/en DISCRIMINATION 2. Mozambique: New Criminal Code puts women’s rights at risk (AFR The situation of the Rohingya worsened 41/001/2014) during the year. Individuals suffered www.amnesty.org/en/documents/AFR41/001/2014/en/ persistent discrimination in law and policy, exacerbated by a deepening humanitarian crisis, ongoing eruptions of religious and anti-Muslim violence, and government failures to investigate attacks on Rohingya MYANMAR and other Muslims. The authorities also failed to address incitement to violence based on Republic of the Union of Myanmar national, racial and religious hatred. Head of state and government: Thein Sein In January, reports emerged of clashes between security forces, Buddhist Rakhine and Muslim Rohingya in Du Chee Yar Tan Despite ongoing political, legal and village, Rakhine state. Two investigations economic reforms, progress on human – one by the government and one by rights stalled, with some backward steps the Myanmar National Human Rights

Amnesty International Report 2014/15 261 Commission (MNHRC) – claimed to have INTERNAL ARMED CONFLICTS found no evidence to substantiate allegations The government and ethnic armed groups of any violence. In July, two people were killed failed to agree to a nationwide ceasefire, and dozens injured when religious violence despite the signing in 2012 of preliminary broke out in Mandalay, the second largest ceasefire agreements. The armed conflict in city. Again, no independent investigation was Kachin and Northern Shan states continued known to have been carried out. into its fourth year, with violations of An estimated 139,000 people – mostly international humanitarian and human rights Rohingya – remained displaced in Rakhine law reported on both sides, including unlawful state for a third year after violent clashes killings and torture and other ill-treatment, erupted between Rakhine Buddhists, including rape and other crimes of sexual Rohingya and other Muslims in 2012. The violence.1 The conflict started in June 2011 dire humanitarian situation worsened after the after the Myanmar Army broke its ceasefire expulsion of some humanitarian organizations with the Kachin Independence Army (KIA), and the withdrawal of others in February and leading to widespread and continuous March, following attacks against them by displacement of civilian populations. Rakhine people. The displaced population Around 98,000 people remained displaced were left without access to emergency and at the end of the year. The government life-sustaining assistance. By the end of continued to deny full and sustained access the year, although most organizations had for humanitarian workers to displaced returned, assistance was still not back to communities in Kachin state, particularly levels prior to the withdrawals. those displaced in KIA-controlled areas. Violence between religious communities In September, fighting erupted in Karen and restricted humanitarian access continued and Mon states between the Myanmar within a broader context of discriminatory Army and armed opposition groups, causing laws and policies against the Rohingya, civilians to flee. who remained deprived of nationality under The Myanmar Army was reported to have the 1982 Citizenship Act. As a result they discharged 376 children and young adults continued to face restrictions on their from its forces as part of ongoing efforts to freedom of movement, with repercussions end the use of child soldiers and underage for their access to livelihoods. On 30 March, military recruitment. one day before the start of the first national census in Myanmar since 1983, the Ministry FREEDOMS OF EXPRESSION of Information announced that Rohingya AND PEACEFUL ASSEMBLY would have to register as “Bengalis” – a term Freedoms of expression and peaceful used to deny recognition to the Rohingya assembly remained severely restricted, with and to imply that they are all migrants from scores of human rights defenders, journalists, Bangladesh. In October, the government political activists and farmers arrested or announced a new Rakhine State Action Plan imprisoned solely for the peaceful exercise of which if implemented would further entrench their rights. discrimination and segregation of Rohingya. Ko Htin Kyaw, leader of the Movement The announcement of the plan appeared for Democracy Current Force (MDCF), to trigger a new wave of people fleeing the a community-based organization, was country in boats, adding to the more than convicted on 11 different counts of violating 87,000 who, according to UNHCR, the UN Section 505(b) of the Penal Code and three refugee agency, had already fled by sea since separate counts under Article 18 of the the violence started in 2012. Peaceful Assembly and Peaceful Procession Law. He was sentenced to a total of 13

262 Amnesty International Report 2014/15 years and four months’ imprisonment for disputes in 2012 had reportedly received delivering speeches, distributing leaflets and over 6,000 reports of land confiscations. holding protests calling on the government However, failures to resolve or respond to to resign and against land evictions. Three land disputes led farmers and other affected other members of MDCF were also jailed for people increasingly to resort to so-called peaceful political activities.2 “plough protests”, with farmers ploughing In June the President signed into law the disputed land. Some protests were met amendments to the Peaceful Assembly and with unnecessary or excessive use of force Peaceful Procession Law, commonly used by security forces. Many farmers and human by authorities to imprison peaceful protesters rights defenders supporting them were since its adoption in 2011. However, arrested and charged, often under provisions despite the revisions the law retained severe in the Penal Code relating to trespass and restrictions on the right to freedom of peaceful criminal damage. assembly.3 In March, members of the Michaungkan Media reforms were undermined by the community resumed a sit-in protest close arrest and imprisonment of journalists and to Yangon’s City Hall after the authorities other media workers. In July, five media failed to resolve their land dispute case. They workers for the Unity newspaper were were calling for the return of land which they sentenced to 10 years in prison under the alleged was confiscated by the military in Official Secrets Act for the publication of the 1990s and for compensation for their an article about an alleged secret chemical losses. Community leader U Sein Than was weapons factory. Their sentence was reduced subsequently arrested for protesting without on appeal to seven years’ imprisonment in permission and obstruction, and sentenced to October.4 At least 10 media workers remained two years’ imprisonment.5 in prison by the end of the year. In December, police opened fire on protesters demonstrating against their lands PRISONERS OF CONSCIENCE being taken over for the Letpadaung copper The President failed to keep his promise to mine in Sagaing region. One person was release all prisoners of conscience by the end killed and several injured, sparking a series of 2013, despite a far-reaching Presidential of peaceful protests in major cities across Pardon announced on 30 December 2013. the country. At least seven peaceful activists Muslim leader Dr Tun Aung was among those were subsequently charged with protesting not released under the pardon. One prisoner without permission and offences under the amnesty was announced in 2014, just weeks Penal Code. Environmental and human rights ahead of major international meetings in the concerns related to the mining project had country. Only one prisoner of conscience was not been addressed by the end of the year. believed to be among those released. The Committee for Scrutinizing the TORTURE AND OTHER ILL-TREATMENT Remaining Prisoners of Conscience, Torture was still not criminalized as a distinct established by the government in February offence and Myanmar failed to ratify the 2013, did not function effectively and it was UN Convention against Torture as promised unclear whether it would continue to operate by the Deputy Minister of Foreign Affairs in beyond 2014. January. Officers from the police and military faced persistent allegations of torture and LAND DISPUTES other ill-treatment, both conflict-related Protests against land confiscations and forced and of criminal suspects. Investigations evictions were widespread. A parliamentary into complaints were rare and suspected committee established to investigate land perpetrators were seldom held to account.

Amnesty International Report 2014/15 263 Victims and their families did not have access was dismissed in March 2012, with the Court to effective remedy.6 citing lack of evidence. In October it was reported that freelance The MNHRC remained largely ineffective journalist Aung Kyaw Naing, also known as in responding to complaints of human rights Par Gyi, was killed while in the custody of the violations. In March, the law establishing Myanmar Army. He had been detained on the MNHRC was adopted by the national 30 September in Mon state while reporting Parliament and a new Commission was on the resumption of fighting between the formed in September. Most members were Myanmar Army and armed groups in the government-affiliated and the selection and area. The Myanmar Army claimed that he appointment process lacked transparency, was a “communications captain” for an casting further doubts on the independence armed opposition group, and that he was shot and effectiveness of the Commission. while attempting to escape military custody. After national and international pressure, DEATH PENALTY in November the police and the MNHRC On 2 January the President commuted all opened an investigation. At the end of the death sentences to terms of imprisonment. year no one was known to have been held to However, provisions allowing for the account for his death.7 imposition of the death penalty remained part In August, Myanmar Army soldiers of the legal framework, and at least one new detained and beat seven farmers in Kone Pyin death sentence was imposed during the year. village, Chin State, whom they accused of having contact with the Chin National Army, INTERNATIONAL SCRUTINY an armed opposition group. The seven were The new UN Special Rapporteur on the ill-treated – some of them tortured – over a situation of human rights in Myanmar visited period of between four and nine days. By the country in July; she presented her report the end of the year there was no information to the General Assembly in October, warning about an independent investigation into the against potential backtracking on human case, or of suspected direct perpetrators or rights. The authorities failed to sign an their superiors being brought to justice.8 agreement for the establishment of an Office of the UN High Commissioner for Human IMPUNITY Rights and to ratify core international human Immunity from prosecution for past violations rights treaties. In November, Myanmar was by the security forces and other government under increased scrutiny when world leaders officials remained codified in Article 445 of gathered in the capital, Nay Pyi Taw, for the the 2008 Constitution. Victims of past human ASEAN and East Asia Summits. US President rights violations and their families continued Barack Obama visited the country for the to be denied truth, justice, compensation and second time. any other form of reparation. More than three years after Sumlut Roi Ja was detained by the military, her fate 1. Myanmar: Three years on, conflict continues in Kachin State (ASA and whereabouts remained unknown. She 16/010/2014) disappeared in October 2011 in Kachin www.amnesty.org/en/library/info/ASA16/010/2014/en state after being detained by Myanmar Army 2. Myanmar: Further Information: Activist organization targeted again soldiers along with her husband and father- (ASA 16/029/2014) in-law. Her husband, who managed to escape www.amnesty.org/en/library/info/ASA16/029/2014/en with her father-in-law, lodged a case with the 3. Myanmar: Stop using repressive law against peaceful protesters (ASA Supreme Court in January 2012. The case 16/025/2014) www.amnesty.org/en/library/info/ASA16/025/2014/en

264 Amnesty International Report 2014/15 4. Myanmar: Further Information: Myanmar media workers imprisoned in for damages. Nine detainees who were tried Myanmar (ASA 16/013/2014) separately and had been found guilty by the www.amnesty.org/en/library/info/ASA16/023/2014/en High Court had their convictions set aside 5. Myanmar: Further sentences for protester in Myanmar: U Sein Than and their cases referred back to the High (ASA 16/021/2014) Court for retrial. Eight of the accused claimed www.amnesty.org/en/library/info/ASA16/021/2014/en that they had been abducted by state agents 6. Myanmar: Take immediate steps to safeguard against torture (ASA in Botswana and unlawfully transferred to 16/011/2014) Namibia on various dates between September www.amnesty.org/en/library/info/ASA16/011/2014/en 2002 and December 2013. 7. Myanmar: Ensure independent and impartial investigation into the Many of the Caprivi detainees were death of journalist (ASA 16/028/2014) possible prisoners of conscience because www.amnesty.org/en/library/info/ASA16/028/2014/en they were arrested solely on the basis of their 8. Myanmar: Farmers at risk after beating by soldiers (ASA 16/002/2014) actual or perceived political views, ethnicity www.amnesty.org/en/library/info/ASA16/002/2014/en or membership of certain organizations. The group was being tried under what is known as the “common purpose” doctrine, which shifts the burden of proof from the prosecution to the defendants and undermines the right to NAMIBIA presumption of innocence. Another accused man was on trial separately; his trial had not Republic of Namibia concluded by the end of the year. Head of state: Hifikipunye Pohamba Head of government: Hage Geingob REFUGEES AND ASYLUM-SEEKERS In April, Namibia’s Commissioner for Refugees, Nkrumah Mushelenga, reportedly The long-running treason trial of Caprivi said in the press that “[Namibia’s] domestic detainees continued, with most of the men refugee law does not have a provision having spent more than 14 years in custody. granting refugee status for being gay”. The policy of not offering protection However, as a signatory to the UN Refugee to refugees persecuted for their sexual Convention and its 1967 Protocol, Namibia is orientation was challenged by a gay asylum- expressly forbidden from returning refugees seeker from Uganda. Gender-based violence who face persecution in their country of origin remained a concern. on the basis of belonging to a social group with a well-founded fear of persecution. BACKGROUND In August, a Ugandan asylum-seeker was General elections were held on 28 November. granted an urgent halt to his deportation The South West Africa People’s Organization from Namibia. The man had sought asylum (SWAPO) secured 87% of the presidential because of his fear of persecution in Uganda vote, and 80% of the National Assembly vote. on the basis of his sexual orientation. The man, who identifies himself as being gay, CAPRIVI DETAINEES’ TRIAL was detained in Walvis Bay and was facing Sixty-five men in the Caprivi treason case deportation back to Uganda where legislation remained in detention facing 278 charges, had recently been adopted criminalizing including counts of high treason, sedition, homosexuality (although the law was later murder and attempted murder. Forty-three annulled by Uganda’s Constitutional Court). Caprivi detainees had been acquitted on 11 February 2013. Some of the released prisoners of conscience sued the government

Amnesty International Report 2014/15 265 EXCESSIVE USE OF FORCE population, including the rights to adequate On 27 August an unarmed protester, Frieda housing, access to clean drinking water, Ndatipo, was shot dead by police during a education, health care and employment. The demonstration outside the headquarters of presence of refugees placed a significant the ruling SWAPO party. She was taking part strain on already limited resources. in a protest by Children of the Liberation As at 30 June 2014, there were 1,169 Struggle, a pressure group formed to asylum-seekers in the Australian-run demand benefits and employment from immigration detention centre on Nauru, the government for the children of SWAPO including 193 children and 289 women. members who died in exile prior to the A total of 168 people who had received country’s independence. positive refugee assessments were accommodated separately. VIOLENCE AGAINST WOMEN AND GIRLS At least 61 asylum-seekers were awaiting Gender-based violence remained a serious trial on charges relating to a disturbance at concern. The government declared 6 March the detention centre in July 2013. There as the national day of prayer for action against were concerns over fair trial rights for these gender-based violence. A report by UNAIDS asylum-seekers, including around inadequate and Namibian NGO Victim 2 Survivors legal representation and delays in court recommended, among other things, that proceedings. gender-based violence be declared a national Asylum-seeking children were particularly emergency, that a national action plan on vulnerable to mental health issues due to gender-based violence be implemented, and arbitrary and prolonged detention, lack that support be mobilized from all sectors of of meaningful activities and inadequate society, including the government, legislature, provision for education. Allegations of judiciary, civil society, traditional authorities, physical and sexual abuse were made by faith organizations, media outlets, the private asylum-seekers, but it was not clear what sector and community members. measures, if any, were taken by Australian or Nauruan authorities to investigate. Intolerable conditions in detention created a risk of refoulement, in cases where detainees felt they had no option but to return to a place NAURU where their lives or human rights were at risk. In April 2014, the UN Working Group on Republic of Nauru Arbitrary Detention and Amnesty International Head of state and government: Baron Waqa were both refused access to the immigration detention centre.1

Asylum-seekers were arbitrarily detained JUSTICE SYSTEM in harsh conditions in accordance with an In January, Nauru’s only Magistrate and agreement with the Australian government. Chief Justice were effectively dismissed by The arbitrary removal of judges and the government, raising concerns around the suspension of parliamentarians raised independence of the judiciary and the rule concerns about the rule of law and freedom of law. of expression. FREEDOM OF EXPRESSION REFUGEES AND ASYLUM-SEEKERS In June, five opposition MPs were suspended As a small island nation, Nauru had limited for being critical of the government and capacity to meet the needs of its own speaking to foreign media. The MPs remained

266 Amnesty International Report 2014/15 suspended at the end of the year, reducing pledged to promulgate a new Constitution the number of sitting parliamentarians from by 22 January 2015, although it remained 19 to 14. unclear whether this could be achieved Increased visa fees for journalists from as political parties debated the model of US$183 to US$7,328 limited the ability of federalism and greater autonomy for ethnic foreign media to visit and report on events minorities and Indigenous Peoples. In July, in Nauru. the government adopted its fourth Five Year Human Rights National Action Plan. In September, a year after the terms of previous 1. Nauru’s refusal of access to detention centre another attempt to hide Commissioners of the National Human conditions (NWS 11/081/2014) Rights Commission (NHRC) had expired, www.amnesty.org/en/for-media/press-releases/nauru-s-refusal- the government elected former Chief Justice access-detention-centre-another-attempt-hide-conditions-201 Anup Raj Sharma as Chair and nominated new commissioners in October.

TRANSITIONAL JUSTICE On 25 April, the parliament passed the Truth NEPAL and Reconciliation Commission (TRC) Act, establishing two commissions, a TRC and a Federal Democratic Republic of Nepal Commission on Enforced Disappearances, Head of state: Ram Baran Yadav with the power to recommend amnesties, Head of government: Sushil Koirala including for serious human rights violations. This was despite a Supreme Court ruling in January that a similar 2013 TRC ordinance Impunity was further entrenched as the with the power to recommend amnesties Constituent Assembly passed an act to contravened international human rights establish a transitional justice mechanism law and the spirit of the 2007 Interim with the power to recommend amnesties for Constitution. Victims’ families filed a petition crimes under international law committed with the Supreme Court for the provisions on during the country’s civil war (1996- amnesties to be amended. 2006), in defiance of a Supreme Court ruling. National institutions protecting IMPUNITY human rights were weakened by a lack of Accountability for human rights abuses and political will, and impunity persisted for victims’ rights to justice, truth and reparation past and current human rights violations. continued to be seriously undermined by Discrimination, including on the basis police failures to register First Information of gender, caste, class, ethnic origin and Reports (FIRs), conduct investigations and religion, remained rife. Arbitrary detention, follow court orders, including in cases of torture and extrajudicial executions were alleged extrajudicial executions, human reported throughout the year. trafficking, gender-based violence, and torture and other ill-treatment. BACKGROUND In July, forensic evidence collected by the The second Constituent Assembly was formed NHRC on the 2003 enforced disappearance on 21 January; the first was dissolved in May and extrajudicial execution of five students in 2012 after failing to draft a new Constitution. Dhanusha district confirmed the identities of Sushil Koirala of the Nepali Congress Party the victims, who had been blindfolded and was appointed as Prime Minister on 11 shot at close range with ammunition used February. The new Constituent Assembly only by the Nepalese Army at the time. The

Amnesty International Report 2014/15 267 police had delayed their investigation for the recruitment process. However, in practice, four previous years citing a lack of evidence, unscrupulous recruitment agencies continued and had not acted on the new findings by the to operate with impunity while trafficked end of the year. victims and their families faced enormous obstacles in accessing complaints and ABUSES IN THE TERAI REGION compensation mechanisms, such as the A longstanding culture of impunity meant Foreign Employment Welfare Fund. that, although the activities of armed groups operating in the Terai (Madhes) region TORTURE AND OTHER ILL-TREATMENT declined, violations by police continued to be Torture and other ill-treatment of men, women reported, including arbitrary detention, torture and children continued to be perpetrated by and extrajudicial executions. Police failed to police, particularly during pre-trial detention, file FIRs, conduct investigations or prosecute to extract confessions and intimidate those responsible for these crimes. individuals. In April, the UN Human Rights C.K. Raut, a vocal proponent of Committee reminded Nepal of its obligation to independence for the Terai, was arrested enact a law defining and criminalizing torture, and charged with sedition on 8 October for and to introduce effective sanctions and his alleged involvement in “anti-national remedies for the crime of torture and other ill- activities”; he had called for an “independent treatment in line with international standards. Madhes” at a public rally in Morang. He was At the end of 2014 no action had been taken later arrested several times while on bail for to address these issues. attempting to hold public rallies. Several of his supporters were also arrested and injured in DISCRIMINATION police crackdowns at public meetings. Discrimination, including on the basis of gender, caste, class, ethnic origin and MIGRANT WORKERS’ RIGHTS religion, persisted. Victims were subject At least half a million Nepalese migrated to exclusion and ill-treatment, and torture abroad through official channels for work, including rape and other sexual violence. largely in low-skilled sectors such as Women from marginalized groups, including construction, manufacturing and domestic Dalits and impoverished women, continued to work. Many continued to be trafficked for face particular hardship because of multiple exploitation and forced labour by recruitment forms of discrimination. The Caste-based agencies and brokers. Recruiters deceived Discrimination and Untouchability Act of migrant workers about their pay and working 2011 was applied in only a handful of conditions, and charged fees in excess of criminal cases due to a lack of awareness government-imposed limits, forcing many about the Act and victims’ fears of reporting to take up loans at exorbitant rates. Women attacks. Rape laws continued to be aged under 30 were still banned from inadequate and to reflect discriminatory migrating for work to Gulf states. While this attitudes towards women. was intended to protect women, it meant that many were forced to use informal channels, SEXUAL AND REPRODUCTIVE thus increasing their risk of exploitation RIGHTS AND RIGHT TO HEALTH and abuse. Concerns on health and safety Women and girls in Nepal continued were highlighted as deaths of workers to experience serious gender-based abroad reached 880 between July 2013 and discrimination. This limited their ability to July 2014. control their sexuality and make choices The government made some efforts to related to reproduction, including use of address trafficking and corruption in the contraception; to challenge early marriages;

268 Amnesty International Report 2014/15 to ensure adequate antenatal and maternal REFUGEES’ AND MIGRANTS’ RIGHTS health care; and to access sufficient nutritious Immigration detention food. It also put them at risk of domestic Although the number of people placed in violence, including marital rape. One immigration detention was declining, migrants consequence of these factors was that women without regular legal status continued to face and girls continued to be at high risk of disproportionately long periods of detention developing the reproductive health condition under excessively strict conditions. In uterine prolapse, often at a very early age. December 2013 the Minister for Security and Government efforts to eradicate gender Justice made legislative proposals to reform discrimination against women and girls immigration detention. However, in February continued to be ineffective in reducing 2014, Amnesty International and 10 other women’s risk of uterine prolapse. Despite civil society organizations raised numerous progress in reducing maternal mortality, the concerns about the draft legislation. In unmet need for contraception remained October, the government opened a child- high and significant numbers of women friendly closed location for families with and girls were unable to access skilled children whose detention it deemed birth attendants. Disparities across ethnic unavoidable, instead of holding them in a groups and geographical regions meant this prison-like facility. was a particular problem for Dalit women, Refoulement Muslim women and women living in the In June, the Council of State rejected Terai. The government’s Five Year Human requests for asylum from three men from Rights National Action Plan expressed, the Democratic Republic of the Congo. The among other things, the intention of the men had given testimony to the International Ministry of Health and Population to Criminal Court in proceedings against a “adopt preventive measures to end uterine Congolese former militia leader accused of prolapse.” This welcome step, however, did war crimes and crimes against humanity. not contain details on the measures or on The men, who themselves face allegations of how the government planned to ensure their having committed gross human rights abuses, implementation. were returned to the Democratic Republic of the Congo in July, despite the risk of torture and the death penalty that they would face there.1 The Netherlands continued to deport NETHERLANDS rejected asylum-seekers to Somalia, against guidelines issued by UNHCR, the UN Kingdom of the Netherlands refugee agency. In one case from November Head of state: King Willem-Alexander 2013, Ahmed Said was deported from the Head of government: Mark Rutte Netherlands to Mogadishu and injured three days later in a suicide bombing. Economic, social and cultural rights Irregular migrants continued to face long In October 2013, the European Committee periods of immigration detention under of Social Rights recommended that the excessively strict conditions. Concerns Netherlands introduce measures to meet were raised around ethnic profiling by law the needs of persons at immediate risk of enforcement agencies. destitution in response to a complaint brought by the Conference of European Churches about the situation of migrants without

Amnesty International Report 2014/15 269 regular legal status. No steps were taken to implement the decision in 2014. 1. Netherlands: Do not return ICC witnesses at risk of death penalty, There were ongoing reports during the ill-treatment and unfair trials to the Democratic Republic of Congo year of migrants without regular status setting (EUR 35/001/2014) up makeshift accommodation and facing www.amnesty.org/en/library/info/EUR35/001/2014/en threats of eviction. In June, a pilot project in 2. Netherlands: Supreme Court hands down historic judgment over to accommodate rejected asylum- Srebrenica genocide (PRE 01/449/2013) seekers was closed. www.amnesty.org.uk/press-releases/netherlands-supreme-court- hands-down-historic-judgment-over-srebrenica-genocide DISCRIMINATION – ETHNIC PROFILING NGOs and intergovernmental bodies continued to raise concerns about ethnic profiling by law enforcement agencies, in particular around the lack of clear guidelines NEW ZEALAND to avoid , and on data gathering in stop-and-search operations. New Zealand In response to criticism by the European Head of state: Queen Elizabeth II, represented by Commission against Racism and Intolerance Jerry Mateparae and Amnesty International, among others, Head of government: John Key the Dutch government and the Dutch police both explicitly rejected ethnic profiling as discriminatory. Economic, social and cultural rights lacked equal legal protection to civil and political INTERNATIONAL JUSTICE rights. Māori (Indigenous People) continued On 6 September 2013 the Netherlands to be over-represented in the prison system. Supreme Court found the Dutch state liable Family violence was widespread and levels for the deaths of three men during the of child poverty remained high. Srebrenica genocide.2 Dutch troops serving as UN peacekeepers in Srebrenica sent three LEGAL, CONSTITUTIONAL OR Bosniak Muslim men, part of a larger group of INSTITUTIONAL DEVELOPMENTS over 300 men, away from a “safe area” on 13 The government did not respond formally July 1995, effectively handing them over to to recommendations made in the 2013 Bosnian Serb forces, who killed the majority Constitutional Advisory Panel report to of those handed over. In July, the Hague improve the Bill of Rights Act. District Court ruled that the Dutch state was New Zealand’s second UN Universal liable for the loss suffered by the families of Periodic Review took place in January the more than 300 men and boys mentioned 2014 where concerns included the lack above, but not for the acts of the Dutch troops of human rights oversight in parliamentary prior to the fall of Srebrenica, or the failure of processes. New Zealand rejected many those troops to hold the “safe area”. recommendations to strengthen domestic human rights protections.1 Economic, social UNLAWFUL KILLINGS and cultural rights lacked full protection In November, the European Court of in domestic legislation, and remedies for Human Rights ruled that the Netherlands’ breaches remained inadequate. investigation into the fatal shooting by army personnel of an Iraqi civilian in June 2004 in JUSTICE SYSTEM Iraq violated his right to life and awarded the The UN Working Group on Arbitrary Detention victim’s father compensation of €25,000. visited New Zealand in 2014 and expressed

270 Amnesty International Report 2014/15 concern that Māori made up 50% of the total which significantly impacted rights to privacy prison population and 65% of the female and freedom of movement. The extremely prison population, despite being only 15% of limited time period for consideration of the bill the general population. restricted public consultation and prohibited The Working Group underlined the a robust assessment of compliance with inadequacy of legal protections for 17-year- international human rights standards.2 olds, considered adults under criminal law, and criticized New Zealand’s reservation to Article 37(c) of the UN Convention on the 1. New Zealand rejects international recommendations to address Rights of the Child on the detention of youth inequality (Press release) and adult offenders in the same facilities. www.amnesty.org.nz/news/new-zealand-rejects-international- recommendations-address-inequality WOMEN’S AND CHILDREN’S RIGHTS 2. Joint statement on the Countering Terrorist Fighters (Foreign Fighters) The 2013 Technical Report on Child Poverty Bill 2014 (Public statement) found that 27% of New Zealand children www.amnesty.org.nz/files/NEW-ZEALAND_Joint-Statement-on- remained in poverty. Māori and Pacific Island Countering-Terrorist-Fighters-Bill.pdf children were disproportionately represented in child poverty statistics, highlighting systemic discrimination. Violence against women and children remained high. Māori were over-represented NICARAGUA as both victims and perpetrators of domestic violence. The Vulnerable Children Act 2014 Republic of Nicaragua aimed to protect children from violence but Head of state and government: Daniel Ortega there was no national plan of action to combat Saavedra domestic violence.

REFUGEES AND ASYLUM-SEEKERS Changes introduced by the government to New Zealand retained the option to enact the Comprehensive Law against Violence legislation to utilize offshore immigration against Women raised serious concerns. The detention centres. Disparities remained in total ban on abortion remained in place. the quality of services provided to refugees who arrived under the humanitarian intake BACKGROUND of UNHCR, the UN refugee agency, and Amendments to the Constitution entered into those arriving in the country spontaneously force in February, allowing the President to and whose refugee claims were accepted by be elected with a simple majority. Restrictions the government. on consecutive presidential re-election were also lifted. RIGHTS TO PRIVACY AND In May, the UN Subcommittee on FREEDOM OF MOVEMENT Prevention of Torture expressed deep concern A 2013 report found the Government at the situation of people deprived of liberty Communication Security Bureau (GCSB) in the country. Nicaragua’s human rights illegally spied on individuals within record was assessed under the UN Universal New Zealand. Domestic legislation was Periodic Review (UPR). The state accepted subsequently amended to allow the GCSB to recommendations relating to discrimination target New Zealanders’ communications. against Indigenous Peoples and people of In 2014 the government passed the African descent but rejected calls for the Countering Terrorist Fighters Legislation Act decriminalization of abortion and to accede

Amnesty International Report 2014/15 271 to additional international human rights On 8 March, International Women’s Day, instruments. a peaceful demonstration to highlight gender On 19 July, people travelling home inequalities and violence against women was after attending the Sandinista revolution blocked by police. Women human rights anniversary celebrations were shot at in two defenders claimed they had obtained the separate incidents. Five people died and 19 necessary permission for the event and feared were injured. In October, 12 men were tried it marked a further limitation on independent and sentenced to between two and 30 years’ civil society movements. imprisonment for the attack. Three of them testified in court that they were tortured and FREEDOM OF ASSEMBLY forced to give a confession, raising concerns No progress was made in investigating about the investigation and the fairness of alleged beatings of students and senior the trial. citizen demonstrators in Managua in June 2013 by what appeared to be government WOMEN’S RIGHTS supporters, while the police stood by. More Reforms passed in September 2013 than 100 students supported the protest by weakened the effectiveness of the senior citizen groups to demand a minimum Comprehensive Law against Violence against state pension. Women (Law 779), introduced in 2012. As a result of the reforms, women who filed INDIGENOUS PEOPLES’ RIGHTS complaints about domestic violence may be In March, Indigenous, Afro-descendant offered mediation with their attackers in cases and other groups expressed concern involving crimes punishable by less than five at the government’s decision to grant a years’ imprisonment, such as actual bodily licence for the construction of a major harm, the abduction of children, and threats. infrastructure project known as the Gran This means that women may find themselves Canal Interoceánico, a channel connecting having to face their attackers in the mediation the Atlantic Ocean and Pacific Ocean. Among process, while those accused of committing other concerns, the groups claimed that the abuses may avoid being held to account for licence was granted without the free, prior or their crimes. According to the NGO Women’s informed consent of the Indigenous groups Network against Violence, seven of the 47 whose territory the canal would cut across. women killed in the first six months of 2014 Works started in December, amid protests had been in mediation with their abusive that resulted in clashes with protesters partner. An executive decree issued in July and included reports of police beatings further reinforced the mediation aspect of the of detainees. law and reduced the definition of femicide to killings of women within relationships. The executive decree raised concerns around the use of mediation to redress violence against women. Numerous legal challenges against NIGER the decree were submitted to the Supreme Court of Justice. Republic of Niger The total ban on all forms of abortion Head of state: Mahamadou Issoufou remained in place. Since the total ban was Head of government: Brigi Rafini introduced in 2006, dozens of appeals against it have been submitted to the Supreme Court of Justice. However, the Court A new government was appointed in had yet to rule on these appeals. August 2013 incorporating members of

272 Amnesty International Report 2014/15 the opposition; but some of them resigned protest against the arrests. The students were later in protest at under-representation. charged with acts of vandalism and attacks The government implemented strict on public property and were on provisional anti-terrorism security measures, release at the end of the year. including restricted movement in certain neighbourhoods of Niamey, the capital, FREEDOM OF EXPRESSION – HUMAN where foreign embassies were located. RIGHTS DEFENDERS AND JOURNALISTS Niger was hosting over 57,000 refugees at In January, two journalists, including the end of the year, including 16,000 as Soumana Idrissa Maïga, director of the private a result of the 2013 Mali conflict and the daily L’Enquêteur, were held in police custody ongoing violence in northeastern Nigeria. for 96 hours in Niamey and charged with plotting against state security after publishing LEGAL, CONSTITUTIONAL OR an article which reported that certain persons INSTITUTIONAL DEVELOPMENTS were saying the days of the administration In May, more than 30 members of the were numbered. No trial had been organized political opposition, the Nigerien Democratic at the end of the year. Movement for an African Federation, were In July, Ali Idrissa, co-ordinator for the arrested. The arrests happened in connection civil society network Publish What You Pay, with an investigation into shots fired at the was taken into police custody twice following home of a deputy of the party in power, the a press conference during which he called Nigerien Party for Democracy and Socialism, on the French mining company AREVA to and a Molotov cocktail attack on the party’s respect Niger’s mining laws and denounced headquarters. They were detained for two aspects of the France-Niger relationship as weeks to three months and charged with neo-colonial. A further 10 civil society leaders undermining the authority of the State. A trial were also arrested in Niamey on 18 July and had not been held by the end of the year. released the same evening.

ARMED CONFLICT INTERNATIONAL JUSTICE Armed groups, including the Movement In March, Colonel Mu’ammar al-Gaddafi’s for Oneness and Jihad in West Africa and son, Saadi al-Gaddafi, was extradited to Libya. Boko Haram, perpetrated attacks in different He had stayed in Niger on “humanitarian locations around the country during 2013 and grounds” since September 2012. There were 2014, including attacks against civilians. serious concerns over the Libyan authorities’ In October, armed groups launched ability to ensure a fair trial before an ordinary simultaneous attacks on a security post of the civilian court in this and other similar cases Mangaïzé camp for Malian refugees, Ouallam of al-Gaddafi loyalists, and that his trial may prison, and a military patrol at Bani Bangou, result in the death penalty. all in the Tillabéry region near the border with Mali. At least nine members of the security forces were killed.

EXCESSIVE USE OF FORCE In May, student demonstrations took place over the late payment of scholarships. The police used excessive force to repress the protest. At least 30 students were injured and 72 were arrested and released after 19 days of detention. There was a hunger strike to

Amnesty International Report 2014/15 273 A seven-member presidential panel is NIGERIA considering the conference’s report and will advise the government on how to implement Federal Republic of Nigeria the recommendations. Head of state and government: Goodluck Ebele Boko Haram increased its attacks on towns Jonathan in the northeast of the country and captured major towns across three states. The state of emergency in Adamawa, Borno and Crimes under international law and serious Yobe, the states most affected by violence, human rights violations and abuses were was extended in May but not renewed committed by both sides in the conflict in November. between the Nigerian military and the armed group Boko Haram, which escalated during ARMED CONFLICT the year. Torture and other ill-treatment Boko Haram by the police and security forces was Violent attacks by the armed group Boko widespread. A law criminalizing marriage or Haram against government and civilian civil union and public displays of affection targets escalated. From July onwards Boko between same-sex couples came into force. Haram captured and occupied more than Freedom of expression was restricted. The 20 towns across Adamawa, Borno and Yobe death penalty continued to be applied. states, targeting and killing several thousand civilians in towns across the northeast, in BACKGROUND areas under the group’s control, and in Preparations for general elections in February bomb attacks nationwide. In attacks on 2015, a five-month national conference of towns Boko Haram often abducted young governmental, political and public figures, women and girls, including 276 girls from and the conflict between the government and Chibok town in April. Boko Haram forced Boko Haram dominated events during the abducted women and girls into marriage, year. The ruling People’s Democratic Party forcibly recruited men, and tortured people (PDP) and the All Progressives Congress living under its control who violated its (APC), formed in February 2013 from rules. The group looted markets, shops and several opposition parties, were the main homes and deliberately targeted schools and parties campaigning for the 2015 election. other civilian facilities. Some of these acts Rivers State saw clashes in January and amount to war crimes and crimes against July between supporters and opponents of humanity. The authorities failed to adequately Governor Rotimi Amaechi, who defected investigate killings and abductions, bring to the APC in late 2013. The police were suspected perpetrators to justice or prevent criticized for a perceived pro-PDP bias in further attacks. their handling of the protests. Civil society On 25 February, at least 43 people were organizations reported that politicians had shot dead by Boko Haram gunmen in an begun to arm their supporters. attack on a school in Buni Yadi, Yobe State. Between March and August, almost 500 Many schoolchildren were among those killed prominent public figures gathered to discuss in the attack. the state of Nigeria. The process, described On 14 April and 1 May, Boko Haram as a “national conference”, recommended carried out car bomb attacks in Nyanya, a over 600 constitutional, law and policy suburb of the capital Abuja, killing more than reforms, including the creation of new states 70 people in the first attack and 19 people in and an increase in the portion of government the second, with more than 60 injured. revenue allocated to state governments.

274 Amnesty International Report 2014/15 On 14 April, 276 girls were abducted by of the law. Detainees were usually not Boko Haram from the Government Girls informed of the reason for their arrest; their Secondary School in Chibok, Borno State. families were not given information about their Nigerian security forces had more than four fate or whereabouts. By the end of the year hours’ advance warning about the attack on few, if any, of those detained by the military Chibok, but failed to act. were brought before a court or permitted to On 5 May, Boko Haram killed at least challenge the lawfulness of their detention. 393 people in an attack in Gamborou Ngala, Many of those detained appeared to Borno State. The overwhelming majority of the have been subjected to torture or other casualties were civilians. Boko Haram burned ill-treatment, as part of interrogations market stalls, vehicles and nearby homes or as punishment. Detainees continued and shops. to die in military detention facilities as On 6 August, Boko Haram captured a result of torture or extremely harsh the town of Gwoza and killed at least 600 detention conditions. civilians, although several sources suggested The government failed to investigate the figure was higher. deaths in custody and denied the National Boko Haram attacked and captured Bama Human Rights Commission access to military town on 1 September, killing more than 50 detention facilities. civilians. According to eyewitnesses, the On 14 March, Boko Haram gunmen group imprisoned and later killed as many attacked the Giwa military barracks in the as 300 men and forced 30 women to marry town of Maiduguri, freeing several hundred its members. detainees. Witnesses said that as the military On 28 November, three bombs exploded regained control of the barracks, more than outside a mosque in Kano city and armed 640 people, mostly unarmed recaptured men, suspected to be Boko Haram fighters, detainees, were extrajudicially executed in fired into the crowd. At least 81 people died various locations in and around Maiduguri. in the attack. One of those executions, captured in footage, Boko Haram killed 24 people and shows people who appear to be members abducted more than 110 children and young of the Nigerian military and the Civilian Joint men and women in two attacks on Gumsuri Task Force (“Civilian” JTF) using a blade village on 12 and 14 December. to slit the throats of five detainees, before Security forces dumping them in an open mass grave. Nine In responding to Boko Haram, Nigerian people were killed this way and, according to security forces committed grave human rights witnesses, other detainees seen in the video violations and acts which constitute crimes were shot. under international law. The government announced investigations Arbitrary arrests by the military continued into the 14 March events. However, the in northeast Nigeria. The military was known mandate, composition or timeline of the to enter communities, forcing the men to sit panels of inquiry had not been made public down outside in front of an informant in order by the end of the year. to identify suspected Boko Haram members. Nigerian security forces repeatedly carried Those singled out were detained by the out extrajudicial executions, often following military. In November the Nigerian military the “screening” of suspects. For example, released at least 167 detainees from custody, on 23 July 2013 the Nigerian armed forces a small portion of those arrested. and the “Civilian” JTF entered Bama central Detainees were denied access to the market and told all adult men in the vicinity to outside world, including lawyers, courts and gather in one area and take off their clothes. families, and were held outside the protection The men were put into two groups – one

Amnesty International Report 2014/15 275 group of around 35 men were designated, during the interrogation of suspects. Arbitrary seemingly at random, as Boko Haram arrest and arbitrary and incommunicado members and another group of up to 300 detention were routine. Women detained for deemed to be innocent. A video showed the criminal offences, women relatives of criminal alleged Boko Haram members lying down suspects, sex workers and women believed to side by side on the ground, being beaten be sex workers were often targeted for rape with sticks and machetes by members of and other sexual violence by police officers. the military and “Civilian” JTF. Eyewitnesses Children under the age of 18 were also confirmed that the 35 captives were loaded detained and tortured or otherwise ill-treated onto a single military vehicle and taken away in police stations. to the local military barracks in Bama. On the afternoon of 29 July, military personnel HOUSING RIGHTS took the men out of the barracks and brought In March, before the UN Human Rights them to their communities, where they shot Council, Nigeria reaffirmed its commitments them dead, several at a time, before dumping to its international human rights obligations their bodies. All 35 captives were killed. on the rights to adequate housing and Refugees and internally displaced people effective remedy. Despite this, the Lagos state The humanitarian situation in the northeast government violated the right to effective deteriorated as a result of the violence. remedy of close to 9,000 people affected by Since May 2013, at least 1.5 million people, a forced eviction in Badia East, Lagos State, mainly women, children and elderly people, in February 2013.1 After mounting pressure were forced to flee to other parts of Nigeria and over a year after rendering thousands or seek refuge in neighbouring countries. homeless, the Lagos state government Families were separated, children were provided some affected people with limited unable to attend school and many people financial assistance instead of adequate were denied their source of livelihood. Host compensation for their losses. Furthermore, communities, government authorities and in order to access the financial assistance international organizations struggled to meet the government required people to sign the humanitarian needs of displaced people. documents that effectively prevented them Two towns, Maiduguri and Biu, experienced from accessing further remedy. cholera outbreaks in camps for the internally In June the Economic Community of West displaced, resulting in more than 100 deaths. African States (ECOWAS) Court awarded almost US$70,000 in damages to members TORTURE AND OTHER ILL-TREATMENT of the Bundu community in relation to an The use of torture remained widespread incident on 12 October 2009: armed security and routine within Nigeria’s police and forces had opened fire on unarmed protesters military. Countless people were subjected to in an informal settlement in Port Harcourt, physical and psychological torture and other killing one and seriously injuring 12 others. ill-treatment. Suspects in police and military The protesters were demonstrating against custody across the country were subjected plans to demolish their homes. The Court to torture as punishment or to extract held that there was no justification for the “confessions”, particularly in cases involving shootings and the government had breached armed robbery and murder, or related to its obligation to protect and respect the right Boko Haram. to peaceful association and assembly. Many police divisions in different states, including the Special Anti-Robbery Squad JUSTICE SYSTEM (SARS) and Criminal Investigation Division The criminal justice system remained (CID), kept “torture chambers” for use under-resourced, blighted by corruption and

276 Amnesty International Report 2014/15 generally distrusted. Security forces often newspaper delivery vans. The Defence resorted to dragnet arrests instead of arresting Headquarters stated that the action had been individuals based on reasonable suspicion. in the interests of national security. Suspects were regularly subjected to inhuman In August soldiers briefly detained two and degrading treatment in detention. managers at the Daily Trust newspaper’s In the past decade, at least five presidential Maiduguri offices, reportedly after the paper committees and working groups on published a story claiming that soldiers had reforming the criminal justice system have refused orders to fight Boko Haram. been set up. However, the majority of their In October police arrested Africa recommendations – including on combating Independent Television journalist Amaechi torture – had not been implemented by the Anakwe after he called an Assistant Inspector end of the year. General of Police “controversial” on television. The Nigerian Police Force issued a Human A court discharged him the following day. Rights Practice Manual on 10 December, setting out standards expected of police COMMUNAL VIOLENCE officers and guidance on how to achieve Communal violence occurred in many parts these standards. of the country, particularly in the Middle Belt area. The NGO International Crisis Group DEATH PENALTY (ICG) estimated that, between January and Nigeria continued to sentence people to July, more than 900 people were killed in death; no executions were carried out. During intercommunal violence in the states of the adoption of the Universal Periodic Review Kaduna, Katsina, Plateau, Zamfara, Taraba, outcomes of Nigeria at the UN Human Rights Nasarawa and Benue. Council in March, Nigeria stated that it would On 14 and 15 March, gunmen thought continue with a national dialogue on the to be Fulani herdsmen killed about 200 abolition of the death penalty. people in three villages in Kaduna State. In June 2014, the ECOWAS Court of Justice Around 200 people were also killed in ordered Nigeria to remove from death row clashes between gunmen and local vigilante Thankgod Ebhos, who had not exhausted his groups in Unguwar Galadima, Zamfara right of appeal, and Maimuna Abdulmumini, State, over two days in April. In August at who was a minor at the time of the alleged least 60 people died in fighting between offence. In October 2014, after 19 years Fulani herdsmen and ethnic Eggon farmers on death row and having narrowly escaped in Nasarawa State. In another incident in execution in June 2013, Thankgod Ebhos the area in November, at least 40 people was released under an order issued by the lost their lives in clashes between the Eggon Governor of Kaduna State. Four other men and Gwadara ethnic groups over a piece of were executed in June 2013, the first known land. In April, 25 people died in Andoyaku in executions in the country since 2006. Taraba State when attackers burned down the Courts martial in September and December entire village. convicted a total of 70 soldiers of mutiny and sentenced them all to death. RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE FREEDOM OF EXPRESSION In January, President Jonathan signed into Security forces curtailed freedom of law the 2013 Same Sex Marriage (Prohibition) expression during the year. Act. The law criminalizes marriage or civil Over three days in June the military and union for same-sex couples; the solemnization the Department of State Security seized and of same-sex marriage in places of worship; destroyed several newspapers and searched public displays of affection between same-sex

Amnesty International Report 2014/15 277 couples; and the registration and support of UNEP report, and established four working gay clubs and societies in Nigeria. The law groups tasked with implementing different provides for sentences of between 10 to 14 aspects of the recommendations. years’ imprisonment. A legal action against the oil company Days after the law came into force, Shell, taken in the UK by people from the lesbians, gay, bisexual, transgender and Bodo community where two massive oil intersex (LGBTI) people and activists faced spills from an old and leaking Shell pipeline harassment, blackmail and threats to their devastated the area in 2008 and 2009, lives. In Ibadan, Oyo State, police arrested concluded in December with an out-of-court five men on the basis of their perceived settlement. Shell paid £55 million (US$83 sexual orientation. They were later released million) to the community. However, the on bail. In Awka, Anambra State, six people damage caused by the two spills had not were reportedly arrested and detained by been properly cleaned up by the end of police under the new law. An Assistant the year. Commissioner of Police in Bauchi said that Court documents demonstrated that Shell police carried a list of suspected LGBTI had repeatedly made false claims about the people “under surveillance” as part of their size and impact of the two spills in the Bodo “profiling of criminals”. community in an attempt to minimize its compensation payments. The documents CORPORATE ACCOUNTABILITY also showed that Shell had known for years Pollution from oil industry operations that its Niger Delta pipelines were old and continued to cause environmental devastation faulty. Using the same documents, the NGO and destroy livelihoods in the Niger Delta Friends of the Earth Netherlands claimed region. Hundreds of oil spills occurred in both that Shell had also lied to a Dutch court in a 2013 and 2014, caused by the failure of oil separate legal action over oil pollution in the company equipment, and by sabotage and oil Niger Delta. theft. Oil companies continued to blame the Numerous oil spills occurred in the vast majority of oil spills on sabotage and theft Ikarama area and other parts of Bayelsa despite growing evidence of old and badly State, from both Shell and ENI/Agip maintained pipelines and serious flaws in the operations. A civil society group working oil spill investigation process which is led by with the local communities, Shareholders the oil companies. Alliance for Corporate Accountability (SACA), There were frequent delays in stopping expressed concern about flawed clean-up and cleaning up oil spills. Clean-up processes and compensation processes in the area continued to be inadequate. and the failure of oil companies to provide NGOs continued to raise concerns over the adequate security to protect their oil facilities failure of the government and the oil company from sabotage. Shell to implement the recommendations In November, the National Assembly’s made by the 2011 UN Environment House of Representatives Committee on Programme (UNEP) scientific study on Environment recommended that Shell pollution in the Ogoniland region of the Niger Nigerian Exploration and Production Company Delta. Although the government continued should pay damages of US$3.6 billion for to provide some drinking water to people losses incurred by coastal communities in whose water sources had been polluted by Bayelsa State during the 2011 Bonga oil spill oil spills, the amount and quality of the water which reportedly affected 350 communities was widely reported to be inadequate. In and satellite towns. September 2014, the Ministry of Petroleum initiated a multi-stakeholder process on the

278 Amnesty International Report 2014/15 VIOLENCE AGAINST WOMEN AND GIRLS 1. Nigeria: At the mercy of the government: Violation of the right to an The first national study on the prevalence effective remedy in Badia East, Lagos State (AFR 44/017/2014) of rape and sexual violence, published in www.amnesty.org/en/library/info/AFR44/017/2014/en February, confirmed rape to be a widespread and gendered crime. Nearly one in 10 surveyed women reported having been raped. Half of the victims reported experiencing rape before the age of 18. The report NORWAY documented that one in three victims had never told anyone about the abuse, and Kingdom of Norway only one in 10 rapes had been reported to Head of state: King Harald V the police. Half of those who had reported Head of government: Erna Solberg being raped considered that the police had not investigated the crime. Police statistics indicated that eight out of 10 reported rape Transgender people continued to face cases were dropped at various stages of significant obstacles to legal gender the legal process, reinforcing longstanding recognition. Impunity for rape and sexual concerns about attrition in rape prosecutions. violence continued to be the norm. REFUGEES AND ASYLUM-SEEKERS DISCRIMINATION – In October 2013, the government announced TRANSGENDER PEOPLE an amnesty for up to 578 minor children Transgender people could only obtain of asylum-seekers whose applications for legal recognition of their gender following a asylum had been finally rejected and who psychiatric diagnosis, compulsory hormone had been in the country for over three years. therapy and gender reassignment surgery NGOs criticized its restricted application including irreversible sterilization.1 In to only children from countries with which December 2013, the Directorate of Health Norway has a readmission agreement, established an expert group composed arguing that such an arbitrary criterion was of health professionals, legal experts and discriminatory and undermined the principle representatives of transgender organizations. of best interests of the child. In April, the It was tasked to develop recommendations Minister of Justice stated publicly that only on legal gender recognition and access to 130 out of the 578 children would be covered health care for transgender people by 25 by the amnesty. In a new consultation February 2015. paper issued in June, the Ministry of Justice In March, John Jeanette Solstad Remø proposed additional conditions on access to applied to the Ministry of Health and the scheme. Care Services to change her legal gender. On 18 December, the Immigration Appeals The Ministry refused her request. In Board announced that it was suspending all September, the Office of the Equality and forced and voluntary returns to Uzbekistan of Anti-Discrimination Ombud stated that asylum-seekers whose applications had been the Ministry’s requirement for diagnosis, finally rejected. hormone therapy and gender reassignment surgery including irreversible sterilization INTERNATIONAL JUSTICE was discriminatory and breached the The appeal by a 47-year-old Rwandan law against discrimination on the basis national against his conviction for murder of sexual orientation, gender identity and during the 1994 genocide in Rwanda gender expression. remained outstanding at the end of the year.

Amnesty International Report 2014/15 279 On 14 February 2013, the Oslo District Court BACKGROUND sentenced him to 21 years’ imprisonment. He In January, Oman ratified the Gulf was convicted of premeditated murder under Cooperation Council (GCC) Security especially aggravating circumstances, but not Agreement, the provisions of which of genocide, as the article defining the latter jeopardized freedom of expression and only entered into force in 2008 and does not other individual rights guaranteed in Oman’s have retrospective effect. Constitution and in international treaties. The government decreed a new citizenship TORTURE AND OTHER ILL-TREATMENT law in August, to take effect in February Following Norway’s ratification of the Optional 2015. It empowered the authorities to strip Protocol to the UN Convention against Torture Omani nationals of their citizenship and in 2013, the National Preventive Mechanism, associated rights if they are found to belong taken on by the Parliamentary Ombudsman, to a group deemed to uphold principles was fully operational by April 2014. The or beliefs that undermine Oman’s “best Mechanism was created with an advisory interests”, potentially allowing the government committee of members from the National to arbitrarily withdraw the nationality of and Institution for Human Rights, the other expel its critics. Ombudspersons and civil society and NGO Also in August, Oman ratified the 1997 representatives. Anti-Personnel Mine Ban Convention.

FREEDOMS OF EXPRESSION 1. The state decides who I am: Lack of legal gender recognition for AND ASSEMBLY transgender people in Europe (EUR 01/001/2014) On 27 January, the Omani authorities www.amnesty.org/en/library/info/EUR01/001/2014/en arrested Bahraini actor and political activist Sadeq Ja’far Mansoor al-Sha’bani and forcibly returned him to Bahrain despite fears that he may be tortured there. He subsequently received a five-year prison sentence in OMAN Bahrain along with eight others on charges including “inciting hatred of the regime”. Sultanate of Oman In May, police arrested and detained Head of state and government: Sultan Qaboos bin several men, who were subsequently Said released on 12 July after they reportedly signed pledges not to participate in advocacy activities or incite sectarianism. Two bloggers State authorities continued to restrict who criticized the authorities online were freedom of expression, including in the arrested in July and released without charge media and online. Freedom of assembly was after several weeks. not permitted. Several government critics In August, Dr Talib al-Ma’mari, a member were detained and held incommunicado for of the Shura Council, and Saqr al-Balushi, a some weeks. Authorities forcibly returned councillor in the city of Liwa, were sentenced a political activist to Bahrain despite a risk to four years’ and one year’s imprisonment that he would face torture there. Women respectively, on charges including “public continued to face discrimination in law and gathering with the aim of disturbing law practice. The death penalty remained in and order” and “closing a road”. The two force; no executions were reported. men had participated in an anti-pollution demonstration in Liwa in August 2013.

280 Amnesty International Report 2014/15 Following a six-day visit to Oman in September, the UN Special Rapporteur on the PAKISTAN rights to freedom of peaceful assembly and of association stated that limits on peaceful Islamic Republic of Pakistan assembly in Oman were “quite restrictive, to Head of state: Mamnoon Hussain the point where they often annul the essence Head of government: Muhammad Nawaz Sharif of the right”.

WOMEN’S RIGHTS In December, the Pakistani Taliban-led Women were not accorded equal rights with attack on the Army Public School in men under the criminal law, which attached Peshawar resulted in 149 deaths, including less weight to the evidence of a woman than 132 children, marking the deadliest terrorist to the evidence of a man, and under personal attack in Pakistan’s history. In response, status law, which accorded men greater the government lifted the moratorium on rights in relation to divorce, child custody and carrying out death sentences and swiftly inheritance. executed seven men previously convicted for other terror-related offences. The Prime MIGRANT WORKERS’ RIGHTS Minister announced plans for allowing Migrant workers received inadequate military courts to try terror suspects as protection under labour laws and faced part of the government’s National Action exploitation and abuse. In May and Plan against terrorism, adding to concerns November,, the government renewed over fair trials. In October education for a further six months a bar on the rights activist jointly won entry of most foreign migrant workers for the Nobel Peace Prize in October along construction and other work sectors. In July, with Indian child rights activist Kailash a new decree amended the labour law to Satyarthi. The National Assembly approved prevent the employment of expatriates in the Protection of Pakistan Act in July professions reserved for Omani nationals. The and other security laws during the year government also stated that it would begin to that enshrined sweeping powers for law strictly enforce a rule barring migrant workers enforcement and security forces, expanding who leave Oman from returning for two the scope for arbitrary arrests, indefinite years, which was reported to facilitate labour detention, the use of lethal force, and exploitation. secret court proceedings which go well beyond international law enforcement and DEATH PENALTY fair trial standards. Pakistan’s media faced Oman retained the death penalty for murder sustained harassment and other abuse, and and other offences. In June, the State the Pakistan Electronic Media Regulatory Council approved proposals to extend its use Authority briefly ordered the closure of the to drug trafficking offences. No executions two largest private broadcasters because of were reported. content critical of the authorities. Religious minorities continued to face discrimination and persecution, especially due to the blasphemy laws.

BACKGROUND Hearings in the treason trial of former military ruler General continued to be delayed, creating tensions between the

Amnesty International Report 2014/15 281 democratically elected government of Prime city of Peshawar, where 149 people were Minister Nawaz Sharif and the powerful killed, 132 of them children, and dozens military. The government and opposition injured in shootings and suicide bombings. political parties failed to secure a peace deal The Pakistani Taliban said the attack was in with the Pakistani Taliban, culminating in response to recent Pakistan Army operations the latter carrying out an attack on Karachi in nearby North Waziristan in which hundreds International Airport that claimed at least 34 of Taliban fighters had been killed. lives, mostly of security forces and Taliban Various factions of the Pakistani Taliban fighters. That attack and continued pressure continued to carry out attacks, including from the USA resulted in the Pakistan Army against activists and journalists for promoting launching a major military operation against education and other rights, or for criticizing Taliban and al-Qa’ida sanctuaries in North them. Ahrar ul Hind, a breakaway group from Waziristan tribal agency in June, which was the Pakistani Taliban, claimed responsibility continuing as of the end of 2014. for the 3 March gun and suicide bomb attack Following their claims of rigging in the on a court house in Islamabad that left 11 2013 general elections, and disaffection dead and several others injured, reportedly in with independent inquiries into these claims, response to the Pakistani Taliban’s decision to demonstrators led by the opposition politician enter peace talks with the government. Jamat Imran Khan and the religious cleric Tahir ul ul Ahrar, another breakaway group from Qadri held protests across the country calling the Pakistani Taliban, claimed responsibility on the government of Nawaz Sharif to step for the 2 November suicide bomb attack down and for fresh elections. After the killing following the daily flag lowering parade at of 12 political activists by police in Lahore’s the Wagah Border Post between Pakistan Model Town neighbourhood on 17 June, the and India, which left 61 dead and more than protests became increasingly confrontational, 100 injured. peaking in August and September. Health workers involved in polio and other Demonstrators briefly stormed the National vaccination campaigns were killed in various Assembly and threatened to occupy the parts of the country. Killings were particularly Prime Minister’s official residence, creating prevalent in parts of the northwest and the a crisis that risked forcing the collapse of the city of Karachi, areas with an active presence government, until the military publicly backed of Taliban and aligned groups which oppose the Prime Minister. vaccinations. Ethnic Baloch armed groups For the fourth year in a row major calling for a separate state of Balochistan floods across Pakistan displaced were implicated in the killing and abduction hundreds of thousands, creating a major of security forces and others on the basis of humanitarian crisis. their ethnic or political affiliations, and carried Attempts by the government to improve out attacks on infrastructure. The anti-Shi’a relations with India early in the year stalled armed group Lashkar-e-Jhangvi claimed as the armed forces of the two countries responsibility for a series of assassinations engaged in regular clashes across the Line of and other attacks on the Shi’a Muslim Control across Jammu and Kashmir. population, particularly in the province of Balochistan and the cities of Karachi and ABUSES BY ARMED GROUPS Lahore. Rival armed groups frequently Armed groups were implicated in human clashed, resulting in scores of fatalities. rights abuses across the country. On 16 December, several men claimed by the ENFORCED DISAPPEARANCES Pakistani Taliban as its members attacked Despite clear rulings by the Supreme Court the Army Public School in the northwestern to the government in 2013 demanding

282 Amnesty International Report 2014/15 the recovery of victims of enforced US drone strikes on Pakistan’s tribal areas. disappearances, the authorities did little He was released nine days later following to meet its obligations under international pressure from local and international rights law and the Constitution to prevent these groups and foreign governments. He claimed violations. The practices of state security that he had been subjected to torture and forces, including actions within the scope repeatedly questioned about his activism of laws such as the Protection of Pakistan and his investigation of drone strikes. Act, resulted in men and boys being The authorities failed to investigate the subjected to enforced disappearance across incident adequately and did not bring those Pakistan and particularly in the provinces responsible to justice. of Balochistan, Khyber Pakhtunkhwa and Human rights groups criticized a judicial . Several victims were later found dead, inquiry into mass graves discovered in Totak bearing what appeared to be bullet wounds Balochistan on 25 January for failing to and torture marks. The government did not investigate state security forces adequately. implement Supreme Court orders calling Baloch activists claimed that the graves for security forces responsible for enforced belonged to ethnic Baloch activists who had disappearances to be brought to justice. been subjected to enforced disappearance.2 Zahid Baloch, Chairman of the Baloch Student Organisation-Azad, was abducted in INTERNAL ARMED CONFLICT Quetta, Balochistan, on 18 March. Witnesses Parts of FATA in northwestern Pakistan claimed he was taken at gunpoint in the continued to be affected by internal armed city’s Satellite Town area by personnel of the conflict, facing regular attacks by the Taliban Frontier Corps, a federal security force. The and other armed groups, the Pakistan armed authorities denied knowledge of his arrest and forces, and US drone aircraft that claimed failed to investigate his fate or whereabouts hundreds of lives. In June the Pakistan or to investigate the abduction adequately. Army launched a major military operation No new information was known at the end of in North Waziristan tribal agency, and the year.1 carried out sporadic operations in Khyber The bodies of men and boys arbitrarily tribal agency and other parts of FATA. detained by the Pakistan armed forces in Affected communities routinely complained Khyber Pakhtunkhwa province and the of the disproportionate use of force and Federally Administered Tribal Areas (FATA) indiscriminate attacks by all sides to the continued to be recovered months or years conflict, especially the Pakistan armed later, while the authorities generally failed to forces. The fighting displaced over a million abide by Peshawar High Court orders either residents, most of whom were forced to to release those suspected of terrorism or flee to the district of Bannu in neighbouring charge them promptly and bring them to Khyber Pakhtunkhwa province during the trial. Detainees continued to have limited hottest period of the year. US drone strikes access to families and lawyers. There were continued sporadically from 11 June onwards some rare instances of activists subjected after a hiatus of nearly six months, reigniting to enforced disappearance being returned concerns of unlawful killings. On 5 June the alive. On 5 February, Kareem Khan, an anti- Islamabad High Court ordered the arrest of a drone activist and a relative of victims, was former CIA station chief for Pakistan over his abducted by up to 20 armed men, some in alleged responsibility for unlawful killings due police uniforms, from his home in the garrison to pilotless drone aircraft in the tribal areas. city of Rawalpindi, days before he was due On 12 September, security forces announced to travel to Europe to give testimony before the arrest in North Waziristan of 10 men the on the impact of allegedly involved in the 2012 assassination

Amnesty International Report 2014/15 283 attempt on education rights activist Malala Quetta and other parts of Balochistan; the Yousafzai. Questions remained as to how they armed group Lashkar-e-Jhangvi claimed were arrested, their treatment in detention responsibility for many of these, saying and whether they would receive a fair trial. they were because the Hazaras were Shi’a Muslims. Members of the Sikh religious FREEDOM OF EXPRESSION community staged several protests throughout – JOURNALISTS the year against killings, abductions and At least eight journalists were killed across attacks on their places of worship in different Pakistan during the year in direct response to parts of the country. They complained that their work, marking the country out as one of the authorities consistently failed to provide the most dangerous in the world for the media adequate protection from such attacks or profession.3 High-profile television anchor bring those responsible to justice. Hamid Mir claimed that the Directorate for The blasphemy laws remained in force, in Inter-Services Intelligence, the most powerful violation of the rights to freedom of thought, intelligence service, was responsible for conscience and religion and freedom of an attempt on his life which he narrowly opinion and expression. Abuse connected escaped in Karachi on 19 April. Following with the blasphemy laws occurred regularly the claims, which were broadcast nationally during the year as demonstrated in several by Hamid Mir’s television station Geo TV, the high-profile cases. Renowned human rights broadcaster was formally suspended for 15 lawyer Rashid Rehman was shot dead in days on 6 June. Several journalists associated front of colleagues in his office in the city of with the outlet received daily threats and Multan, Punjab province, on 7 May. Prior harassment by unidentified individuals to his killing, Rashid Rehman had received by phone and in person. Many refused to regular death threats because of his legal enter their offices or identify themselves as representation of a university teacher, Junaid belonging to Geo TV or associated media for Hafeez, who had been arrested on charges fear of being attacked. of blasphemy. On 18 September Professor On 20 October, Geo TV’s main rival, ARY Muhammad Shakil Auj, a noted religious News, was also suspended after the Lahore scholar and dean of Islamic Studies at High Court held that the broadcaster and Karachi University, was gunned down by some of its journalists had been in contempt unidentified assailants while travelling to a of court for airing the views of an individual meeting. He had faced death threats and facing trial before the court. charges of blasphemy from rival religious In March, the Prime Minister promised scholars in the months prior to his killing. to appoint special public prosecutors to A mob burned down the homes of a small investigate attacks on journalists, and he Ahmadiyya community in Punjab province on personally visited Hamid Mir in hospital after the evening of 27 July, after a resident was the attempt on his life. No one had been accused of blasphemy – two children and brought to justice for this attempted killing or their grandmother died of smoke inhalation any other attack on journalists at the end of and several others were seriously injured. On the year.4 16 October the appeal bench of the Lahore High Court rejected an application by a DISCRIMINATION – Christian woman, Asia Bibi, to have her 2010 RELIGIOUS MINORITIES death sentence for blasphemy overturned.5 Religious minorities continued to face In March, a Christian road sweeper, Savan laws and practices that resulted in their Masih, was sentenced to death for blasphemy discrimination and persecution. Dozens after a friend accused him of making of ethnic Hazaras were killed in attacks in blasphemous remarks during an argument.

284 Amnesty International Report 2014/15 The accusations provoked a two-day riot trying terror suspects, as part of its National in his neighbourhood in Lahore, known as Action Plan against terrorism. Joseph Colony, when a 3,000-strong mob People continued to be sentenced to burned around 200 homes of Christians. death. Shoaib Sarwar, a death row prisoner Police were warned of the impending attack convicted of murder in 1998, was ordered to but failed to take adequate measures to be executed in September after exhausting protect the community. all his appeals. However, the execution was postponed several times by the authorities VIOLENCE AGAINST WOMEN AND GIRLS under pressure from anti-death penalty A handful of high-profile so-called “honour” campaigners at home and abroad.6 killing cases highlighted the risks to women from their own families for seeking to marry partners of their choice. On 27 May, Farzana 1. Pakistan: Abducted political activist at risk of death (ASA Parveen was shot and beaten to death with 33/008/2014) a brick by members of her family, including www.amnesty.org/en/library/info/ASA33/008/2014/en her father and her ex-husband, outside the 2. Pakistan: Mass graves a stark reminder of violations implicating the entrance to the Lahore High Court, after she state in Balochistan (ASA 33/001/2014) had fled and married a man of her choosing. www.amnesty.org/en/library/info/ASA33/001/2014/en Several of her male relatives were arrested for 3. “A bullet has been chosen for you”: Attacks on journalists in Pakistan the killing, as, separately, was her husband, (ASA 33/005/2014) Mohammad Iqbal, after he admitted to www.amnesty.org/en/library/info/ASA33/005/2014/en killing his first wife in order to be with 4. Pakistan: Open letter to the Prime Minister Nawaz Sharif: Joint Farzana Parveen. statement of shared concerns about attacks on journalists in Women also risked abuse while seeking Pakistan (ASA 33/010/2014) to exercise their rights. For example, in www.amnesty.org/en/library/info/ASA33/010/2014/en September a jirga (traditional decision-making 5. Pakistan: Woman sentenced to death for blasphemy - Asia Bibi (ASA body) of male Uthmanzai tribal chiefs from 33/015/2014) North Waziristan tribal agency threatened www.amnesty.org/en/library/info/ASA33/015/2014/en women with violence for seeking access 6. Pakistan: Stop first civilian execution in six years (Press release) to humanitarian assistance in displaced www.amnesty.org/en/articles/news/2014/09/pakistan-stop-first- persons camps in Bannu district of Khyber civilian-execution-six-years/ Pakhtunkhwa province, where the vast majority of people fleeing the conflict in the tribal agency were based. DEATH PENALTY PALESTINE The attack on the Army Public School in Peshawar on 16 December led to a (STATE OF) resumption of executions after the six-year moratorium was lifted by Prime Minister State of Palestine Sharif. He announced plans for the execution Head of state: Mahmoud Abbas of 500 people convicted for other terrorism- Head of government: Rami Hamdallah related offences. Seven men convicted previously were hanged in December in a swift series of executions, after President Authorities in the West Bank and Gaza Hussain summarily rejected their appeals. restricted freedoms of expression and The government also announced plans for peaceful assembly, carried out arbitrary early 2015 for the use of military courts in arrests and detentions, and tortured

Amnesty International Report 2014/15 285 and otherwise ill-treated detainees both passed non-binding votes in favour of with impunity. Women and girls faced recognition. In December, Jordan submitted discrimination in law and practice, and were a resolution to the UN Security Council that inadequately protected against gender-based proposed setting a timetable for a negotiated violence. The death penalty remained in settlement that would require Israel to end force; there were no executions in the West its occupation of Palestinian territories by the Bank, but the Hamas authorities in Gaza, end of 2017. who continued to try civilians before unfair In April, Palestine ratified the four Geneva military courts, carried out at least two Conventions and an array of international executions. Hamas forces in Gaza carried human rights and other treaties, including out at least 22 extrajudicial executions the ICCPR, ICESCR, CEDAW, the Convention of people they accused of “collaborating” on the Rights of the Child and its Optional with Israel. Israel’s Protective Edge military Protocol on the involvement of children in offensive killed more than 1,500 civilians in armed conflict, and the UN Convention Gaza, wounded thousands more, and caused against Torture. On 31 December President huge devastation, exacerbating the hardship Mahmoud Abbas signed 16 other felt by Gaza’s 1.8 million inhabitants due international treaties as well as the Rome to Israel’s continuing military blockade of Statute recognizing the jurisdiction of the the territory. During the 50-day conflict, International Criminal Court in the Occupied Hamas and Palestinian armed groups fired Palestinian Territories including East thousands of indiscriminate rockets and Jerusalem from 13 June 2014. mortar rounds into civilian areas of Israel, Tensions were heightened by Israel’s killing six civilians, including one child. killing of at least 15 Palestinians by the end of June, the abduction and murder BACKGROUND of three Israeli teenagers by Palestinians US-convened negotiations, which began in near Hebron and the revenge killing of a 2013 and aimed to resolve the decades-long Palestinian youth by Israelis. The tensions Israeli-Palestinian conflict, concluded at the spiralled into renewed armed conflict in July end of April without reaching any agreement. when Israel launched its Protective Edge The same month, Fatah, the ruling military offensive, comprising aerial attacks party of the Palestinian Authority, which and a ground invasion of Gaza. The offensive administers the West Bank, and Hamas, the lasted for 50 days before the two sides de facto administration in Gaza since 2007, agreed a ceasefire facilitated by the US and announced a unity agreement. In June, Egyptian governments. The offensive caused Fatah, Hamas and other Palestinian factions the deaths of more than 1,500 civilians in agreed to a national reconciliation government Gaza, including over 500 children, and the of independent technocrats to run civilian wounding of thousands more. It wrought affairs in both areas until parliamentary and huge devastation, damaging and destroying presidential elections take place. No date for schools, hospitals, homes and other civilian elections had been set by the end of the year. infrastructure. Gaza remained under Israeli There was growing international recognition military blockade throughout the year. of Palestinian statehood, despite opposition from Israel and the USA. In October, Sweden ARMED CONFLICT became the first EU member state to Hamas and Palestinian armed groups in Gaza recognize the State of Palestine (although repeatedly fired indiscriminate rockets and three other European states did so before mortars into Israel. Firing greatly intensified in joining the EU), and the UK’s House of the period preceding and throughout Israel’s Commons and France’s National Assembly Protective Edge military offensive in Gaza. By

286 Amnesty International Report 2014/15 the time of the August ceasefire that ended UNFAIR TRIALS the conflict, firing of indiscriminate weapons Political and judicial authorities failed to from Gaza by Palestinian armed groups ensure that detainees received prompt and had killed six civilians in Israel, including a fair trials. Authorities in the West Bank held child aged four, wounded other civilians and detainees for indefinite periods without damaged a number of civilian homes. The charge or trial. In Gaza, the Hamas authorities firing also led directly to civilian deaths in continued to subject civilians to unfair trials Gaza, due to the premature explosion of some before military courts. rockets; the killing of 10 Palestinian civilians including nine children in the al-Shati’ refugee FREEDOMS OF EXPRESSION, camp on 28 July was believed to have been ASSOCIATION AND ASSEMBLY caused by a rocket that fell short of its target. Authorities restricted freedoms of expression, Palestinian armed groups also exposed association and assembly in the West Bank civilians in Gaza to lethal harm from Israeli and Gaza. Security forces dispersed protests attacks by concealing and firing rockets and organized by opposition activists, frequently other projectiles from locations within or close using excessive force. On many occasions, to civilian residential areas. Firing was mostly journalists reporting on protests complained halted after the ceasefire agreement. that security forces assaulted them or damaged their equipment. Security officials ARBITRARY ARRESTS AND DETENTIONS also harassed and sought to intimidate Security authorities in both the West Bank journalists and social media activists, and Gaza arbitrarily arrested and detained including by repeatedly summoning them for their critics and supporters of rival political questioning and sometimes detaining them organizations. for their writings. In March, police in the Gazan city of TORTURE AND OTHER ILL-TREATMENT Khan Yunis used force to break up a Detainees were tortured and otherwise commemorative event organized by Fatah ill-treated with impunity. The Independent supporters, reportedly firing in the air to Commission for Human Rights (ICHR), a disperse the gathering and arresting and national body established to monitor human briefly detaining many participants. rights and receive complaints, said it received In the West Bank, security forces assaulted over 120 allegations of torture and other journalists from Palestinian broadcaster ill-treatment of detainees from the West Bank Wattan TV who were present to report on and over 440 allegations from Gaza during demonstrations. In one incident in October, the year. Methods of torture included beatings security forces attacked a Wattan TV crew and forcing detainees to stand or sit in stress covering a demonstration in Hebron and positions (shabah) for long periods. In the seized their equipment. West Bank, detainees alleged that they were tortured or otherwise ill-treated by police, EXTRAJUDICIAL EXECUTIONS Preventive Security, military intelligence and During the Israeli offensive Protective Edge, General Intelligence officials. In Gaza, at least members of Hamas’ military Izz ad-Din three men died in custody allegedly from al-Qassam Brigades and the Internal Security torture by Internal Security officials. Both Force committed at least 22 summary and authorities failed to protect detainees from extrajudicial executions of people whom they torture and other ill-treatment, investigate accused of “collaboration” with Israel. Those allegations or hold those responsible killed included a number of prisoners who to account. were appealing against sentences of death or prison terms passed by military courts in

Amnesty International Report 2014/15 287 Gaza; others were detainees who had faced DEATH PENALTY no formal charges or trial. On 5 August the de The death penalty remained in force for facto Ministry of Interior removed five inmates murder and other crimes. There were no of Katiba Prison who were extrajudicially executions reported in the West Bank, but executed outside the prison. On 22 August in Gaza, Hamas military and first instance Hamas forces removed 11 prisoners from courts sentenced at least eight people to Katiba Prison whose trials or appeals were death on murder charges. In May, Gaza pending, and extrajudicially executed them at authorities executed two men, both of whom the al-Jawazat Police Station. Later the same had been sentenced to death on treason and morning six men arrested during Operation murder charges. Protective Edge were shot dead in public after Friday prayers. Izz ad-Din al-Qassam Brigades reportedly shot other suspected "collaborators" in the street during Operation Protective Edge. PANAMA

IMPUNITY Republic of Panama Palestinian authorities failed to take any Head of state and government: Juan Carlos Varela steps to investigate alleged war crimes and (replaced Ricardo Martinelli in July) possible crimes against humanity committed by Hamas’ military wing and other Palestinian armed groups in the run-up to and during the Former President Manuel Noriega faced new conflict in July and August or during previous trials relating to human rights violations conflicts with Israel in which Palestinian during his presidency and the killing of armed groups fired indiscriminate rockets and a soldier in 1969. A Special National mortars into Israel. They also failed to hold to Commission on victims of enforced account officials who committed human rights disappearance had yet to be established. violations, including excessive use of force The rights of Indigenous Peoples were against peaceful protesters and the torture threatened by hydroelectricity projects. of detainees. Local NGOs were prevented by the authorities from following up complaints of VIOLENCE AGAINST WOMEN AND GIRLS harsh prison conditions. Women and girls continued to face discrimination in both law and practice, and BACKGROUND remained inadequately protected against In July, Juan Carlos Varela was sworn in gender-based violence committed by male as President. In August, the UN Working relatives, ostensibly for reasons of family Group of Experts on People of African “honour”. At least 11 women and girls were Descent noted that, despite the adoption of murdered by male relatives in so-called anti-discrimination legislation, patterns of “honour killings” during the year, according racial discrimination prevailed and persons to reports of the ICHR. They included Islam of African descent – around 10% of the Mohammad Al-Shami, 18, who died after population – continued to suffer from political, she was stabbed in the neck on 20 October social and economic marginalization. while praying inside her family home at Bani Suheila, Khan Yunis governorate. IMPUNITY In September the Supreme Court of Justice decided that Manuel Noriega, former de facto ruler of the country from 1983 to 1989,

288 Amnesty International Report 2014/15 should face trial for his alleged role in the PRISON CONDITIONS killing of a soldier in 1969. The decision In April, local human rights NGOs wrote came as Manuel Noriega was serving to the UN Subcommittee on Prevention sentences related to the killing of two political of Torture and other Cruel, Inhuman or opponents. He also faced new trials for Degrading Treatment or Punishment and enforced disappearances and killings during the Inter-American Commission on Human his presidency. Rights, raising concerns that they were Despite previous pledges to search for being prevented by the authorities from people forcibly disappeared during the accessing prisons, which was impeding their 1970s and 1980s, the government failed work in following up complaints of inhuman to make any progress. A Special National conditions in prisons. Commission to search for victims of enforced disappearance, which the government pledged to create in 2012, had still not been established by the end of the year. PAPUA NEW GUINEA INDIGENOUS PEOPLES’ RIGHTS There were protests in February, April and Independent State of Papua New Guinea May in the area of Barro Blanco, resulting in Head of state: Queen Elizabeth II, represented by clashes between members of the Ngöbe- Governor General Michael Ogio Buglé Indigenous community and the police. Head of government: Peter Charles Paire O’Neill The Ngöbe-Buglé opposed the construction of a large hydroelectric dam on their lands, claiming that future flooding resulting from There were further reports of violence it would render them homeless. They also against women and children, including as alleged that their right to be consulted over a result of sorcery accusations. Reports the project prior to construction commencing of unnecessary and excessive use of force was not met. by police persisted. There were reports of In May the UN Special Rapporteur on violence and sexual assault by police during the rights of indigenous peoples noted that a forced eviction near Porgera mine. although the comarca system of Indigenous Violence and alleged inadequate medical Peoples’ administrative zones offered some treatment resulted in the deaths of protection, more needed to be done to protect two asylum-seekers at the Australian- Indigenous Peoples’ land rights. The Special run immigration detention centre on Rapporteur recommended that Panama Manus Island. ensure consultation of Indigenous Peoples and their free and informed consent, prior BACKGROUND to proposing large construction projects on The government took little action to address or near their lands. He also recommended violence against women or sorcery-related that Panama increase its efforts to improve violence, in spite of legal reforms in 2013 Indigenous Peoples’ access to health, providing for harsher penalties. education and economic development. As at 31 August there were 1,084 asylum- With regard to the Barro Blanco dam, he seekers at the Australian-run immigration recommended that flooding of the local areas detention centre on Manus Island, Papua be halted until agreement with the Ngöbe- New Guinea. Little progress had been made Buglé community had been reached. to improve conditions or to implement laws and policies required to process and settle asylum-seekers.1

Amnesty International Report 2014/15 289 According to government figures, at least received of physical and sexual violence by 13 people have been sentenced to death police during the forced eviction. since the death penalty was reintroduced in 1991. The government completed a global REFUGEES AND ASYLUM-SEEKERS study tour in 2014 to research execution In February, violence erupted at the methods, even though none have taken place Australian-run immigration detention centre in the country since 1954. on Manus Island. After weeks of protests, asylum-seekers were attacked by private VIOLENCE AGAINST WOMEN security guards and local police. In August, AND CHILDREN police charged two former employees of the A 2013 report by the UN Development Salvation Army and security contractor G4S in Programme found that 80% of men in connection with the death of Iranian asylum- Bougainville admitted using physical or sexual seeker Reza Berati, who died from severe violence against women. head trauma during a riot at the detention There were further reports of women centre on 17 February.2 In September, and children being subjected to violence, human rights organizations lodged a sometimes resulting in death, following complaint with the Organisation for Economic accusations of sorcery. The UN Special Co-operation and Development against G4S, Rapporteur on extrajudicial, summary or alleging that it had failed to maintain basic arbitrary executions highlighted sorcery- human rights standards and protect asylum- related killings as a major concern. He was seekers. the third Special Rapporteur to report on this In September another Iranian asylum- issue in recent years. seeker from Manus Island, Hamid Kehazaei, died in hospital in Australia after developing EXCESSIVE USE OF FORCE septicaemia from a cut on his foot. Reports Unnecessary and excessive use of force, claimed that inadequate or delayed medical including lethal force, by police was treatment had led to his death. highlighted as one of the key concerns by Of the 1,084 asylum-seekers on Manus the UN Special Rapporteur on extrajudicial, Island, a total of 79 applications for interim summary or arbitrary executions following refugee status were processed, of which his visit to the country in March. Reports 41 were successful and 38 were rejected. of physical and sexual assault of people Refugees and asylum-seekers remained in custody and extrajudicial killings by detained at the facility at the end of the year. police continued. Asylum-seekers continued to suffer lengthy In March a video surfaced of a man being delays, poor conditions and risk of harm. attacked in the street by three police dogs. Police officers stood by and made no attempt to arrest or detain the man. While police 1. This is breaking people: Human rights violations at Australia’s authorities have attempted to investigate and asylum-seeker processing centre on Manus Island, Papua New Guinea address complaints against officers, reports of (ASA 12/002/2013) police brutality remained frequent. www.amnesty.org/en/library/info/ASA12/002/2013/en 2. This is still breaking people: Update on human rights violations at HOUSING RIGHTS - FORCED EVICTIONS Australia’s asylum-seeker processing centre on Manus Island, Papua Tensions escalated at the site of Porgera gold New Guinea (ASA 12/002/2014) mine between the mining company and local www.amnesty.org/en/library/info/ASA12/002/2014/en residents. In June, around 200 homes were burned to the ground by police. Reports were

290 Amnesty International Report 2014/15 however, in April 2014 a judicial action was PARAGUAY filed by a company claiming ownership of the land. A judicial decision was still pending at Republic of Paraguay the end of the year. Head of state and government: Horacio Manuel Cartes Jara IMPUNITY Judicial proceedings continued against 12 campesinos (peasant farmers) at the end of Despite some advances, Indigenous Peoples the year for their alleged involvement in the continued to be denied access to their killings of six police officers and other related traditional lands. Impunity for human rights crimes in the context of a 2012 land dispute violations persisted. Abortion continued to in Curuguaty district. Eleven peasant farmers be criminalized in most cases. also died during the clashes; however, nobody has been charged for their deaths, raising INDIGENOUS PEOPLES’ RIGHTS concerns that the investigation was not Progress was made in resolving the land impartial.2 claims of some Indigenous communities, In April the Aché National Federation but others continued to be denied their filed in Argentina an additional criminal traditional lands. complaint to the one already presented in In June, an expropriation law was passed 2013 by victims of human rights violations to return to the Sawhoyamaxa Indigenous committed during the regime of General community their traditional land. The Alfredo Stroessner (1954-1989), in view of community had lived in harsh conditions the persistent reluctance of the Paraguayan by the side of a busy road for more than 20 authorities to investigate those crimes. years.1 In September a constitutional action to The criminal complaint was subject to an revoke the expropriation law was rejected by investigation under universal jurisdiction. the Supreme Court. By the end of the year the Yakye Axa TORTURE AND OTHER ILL-TREATMENT community was still unable to resettle on their The newly established National Preventive land – despite an agreement between the Mechanism against Torture issued its first authorities and the landowner having been annual report in April. The report found that finalized in January 2012 – because road the lack of sanctions and investigations into access to the land was not ready. allegations of torture and other ill-treatment In May police officers raided the Y’apo Ava was one of the main causes of torture in the Guaraní community in Canindeyú department country. The Mechanism was also seriously following a judicial eviction order. The concerned about poor prison conditions, community fled before the raid. There were including overcrowding. reports of destruction of houses and sacred Investigations into allegations of torture temples. In June, the community reported of campesinos during the 2012 clashes in that private security guards further attempted Curuguaty district were ongoing at the end of to forcibly evict them; many members of the the year. community were injured and one person Four prison officials were under carrying out the eviction died. Investigations investigation in relation to the deaths of into the event were ongoing at the end of two adolescents and the injury of at least the year. The community claimed that the three other youths during riots in April and area was part of their ancestral land. In August at Itauguá Educational Centre juvenile 2001 a judicial decision had confirmed the detention facility. possession of the land by the community;

Amnesty International Report 2014/15 291 WOMEN’S AND GIRLS’ RIGHTS 2. Paraguay: No justice for peasants in forced eviction killings (NWS A law submitted to Congress in 2012 to 11/111/2014) prevent, punish and eradicate sexual and www.amnesty.org/en/news/paraguay-no-justice-peasants-forced- gender violence was still pending. eviction-killings-2014-06-15 In August the Senate passed legislation to reform an article in the Criminal Code which only sanctions domestic violence if the assault happens regularly. The reform proposes to sanction the crime even if committed only PERU once. The reform also increases the penalties under this article and was pending final Republic of Peru approval by the Deputy Chamber at the end Head of state and government: Ollanta Moisés of the year. Humala Tasso In August, Lucía Sandoval was acquitted of killing her husband in 2011 in the context of domestic violence. She spent three years Activists and government critics were in detention pending trial. The court found attacked. Use of excessive force by that there was insufficient evidence to prove security forces was reported. The rights her involvement in the killing and released of Indigenous Peoples to adequate her. The case raised concerns about the lack consultation, and free, prior and informed of appropriate measures to protect women consent were not fulfilled. Sexual and survivors of domestic violence in Paraguay. reproductive rights were not guaranteed. An appeal against the decision was pending Impunity remained a concern. at the end of the year. Abortion remained criminalized in most BACKGROUND circumstances, including in cases where Social conflict and protests in communities the pregnancy was the result of rape or affected by extractive industries continued to incest or where the foetus would be unable be widespread. Some protests led to clashes to survive outside the womb. Abortion was with security forces. only permitted when the life or health of the At least four members of the security forces woman or girl was at risk. were killed and seven were injured in clashes with remnants of the armed opposition group, DISCRIMINATION Shining Path. In November, the Senate rejected legislation A national mechanism for the prevention of to prevent and combat discrimination on torture and other ill-treatment was approved all grounds. by the Congress in June. At the end of the year, it had not been implemented as the ARMS TRADE President had not ratified it. Legislation to ratify the Arms Trade Treaty Serious concerns were raised over the was passed. conditions in which over 100 prisoners were kept in Challapalca Prison situated over 4,600m above sea level in the Tacna region. 1. Paraguay: Celebrations as law will return ancestral land to Indigenous The prison’s inaccessibility to relatives, community after two decades of destitution (NWS 11/109/2014) doctors and lawyers limits the prisoners’ right www.amnesty.org/press-releases/2014/06/paraguay-celebrations- to visits and constituted cruel, inhuman and law-will-return-ancestral-land-indigenous-community-a/ degrading treatment. In July, the second two-year National Plan for Human Rights was approved by Congress,

292 Amnesty International Report 2014/15 amidst concerns that LGBTI rights were of a clear methodology and consistency in its explicitly excluded, and that the Plan had not implementation prior to granting extractive been fully resourced for its implementation. industries’ concessions. In January, the A law which would grant equal rights to authorities granted a concession to expand same-sex couples had not been discussed in the Camisea gas extraction project in the Congress at the end of the year. Cusco region, amid concerns that none of the Indigenous communities that could be REPRESSION OF DISSENT affected had given their consent and that Activists and government critics, including nearly a quarter of the territory could be human rights defenders, continued to be occupied by Indigenous Peoples living in attacked, in particular those defending voluntary isolation. the rights of communities affected by In May, the trial of 53 people started, extractive industries. including Indigenous people and some Security forces and private security of their leaders. They had been accused personnel of the Yanacocha gold mining of the death of 12 police officers during a company intimidated and attacked Máxima police and military operation to disperse a Chaupe, her family and others from road blockade led by Indigenous people in Indigenous and peasant communities Bagua, Amazon region, in 2009. A total of 33 in Cajamarca, Celendín and Hualgayoc- people died, including 23 police officers, and Bambamarca provinces, Cajamarca region. over 200 people were injured. No police or They opposed the mining on their lands military officers have been held accountable claiming that they had not been consulted for the human rights violations committed and that their right to water and means of against civilians. subsistence were under attack. In May, the Inter-American Commission on Human Rights IMPUNITY requested precautionary measures on their Excessive use of force behalf. At the end of the year, no protection At least nine people were killed and scores had been granted. were injured amid concerns that the security forces had used excessive force during INDIGENOUS PEOPLES’ RIGHTS protests throughout the year. At the end of the In September, Indigenous leaders Edwin year, no investigation was known to have been Chota Valera, Jorge Ríos Pérez, Leoncio initiated into the deaths. Quinticima Meléndez and Francisco Pinedo There were concerns that a new law from the Asháninka Indigenous community passed in January could perpetuate impunity. of Alto Tamaya-Saweto, Ucayali region, The law exempted security forces of penal were killed by suspected illegal loggers, in responsibility when killing or injuring people retaliation for their activism against illegal while on duty. In February, four police logging on their ancestral lands. Prior to the officers, who were being tried for their attack, the community had raised concerns responsibility in the deaths of three protesters about their safety and the authorities had in Huancavelica in 2011, were acquitted failed to protect them. At the end of the year, when the judge applied the law retroactively. an investigation had been opened. However, There were allegations of excessive use of there were still concerns about the safety of force when scores of protesters were injured the families of those killed. during the demonstrations. In spite of some efforts to implement the Internal armed conflict 2011 law that guarantees the right to free, Eleven years after the publication of the prior and informed consent of Indigenous Truth and Reconciliation Commission’s Peoples, there were concerns over the lack report, progress to guarantee truth, justice

Amnesty International Report 2014/15 293 and reparation to all the victims remained slow. There were concerns that the armed PHILIPPINES forces continued to fail to co-operate with the judiciary and that some cases were Republic of the Philippines closed as the judges ruled that the crimes Head of state and government: Benigno S. Aquino had prescribed. III

SEXUAL AND REPRODUCTIVE RIGHTS In January, the Public Prosecutor’s Office in Torture continued with impunity in the Lima, the capital, closed the cases of over Philippines. Human rights defenders, 2,000 Indigenous and campesino women local journalists and witnesses in the who were allegedly forcibly sterilized in the Maguindanao massacre trials, the world’s 1990s. After an investigation, which started largest single attack on journalists in 2004 and lasted nearly 10 years, the committed in 2009, remained at risk Prosecutor only filed charges against some of unlawful killing. The Philippines health professionals allegedly responsible acknowledged state accountability in one of the cases. No charges were filed for human rights violations during the against any of the government authorities Martial Law under the Marcos regime and responsible for implementing the family established a Human Rights Victims’ Claims planning programme, which resulted in these Board to determine the eligibility of claims sterilizations. for human rights violations and award In June, the Ministry of Health adopted reparations. The Supreme Court upheld the technical guidelines for therapeutic abortion. constitutionality of the Reproductive Health There were concerns that the restrictive Law in April. interpretation of therapeutic abortion in the protocol may lead women to seek unsafe and BACKGROUND illegal terminations because the two access The Philippine government in March signed conditions required – presence and signature a comprehensive peace agreement with the of a witness and approval of a board – were armed group Moro Islamic Liberation Front, considered obstructive. concluding 17 years of peace negotiations. Abortion in cases of pregnancy resulting The peace accord created the autonomous from rape or incest remained criminalized Bangsamoro region, providing greater and the free distribution of emergency political autonomy in southern Philippines contraceptives, including in cases of sexual in exchange for a commitment to end the abuse, continued to be banned. At the end insurgency and calls for a separate state. of the year, a draft law to legalize abortion for The Philippines continued its claim over victims of rape, backed by 60,000 signatures, the Spratly Islands against Brunei, China, was waiting to be discussed in Congress. Malaysia, Taiwan and Vietnam, submitting a memorandum before the International Tribunal on the Law of the Seas in March and protesting against China’s actions in the Spratlys in May and November. A visit by US President Barack Obama in April culminated in the signing of an Enhanced Defence Co-operation Agreement, further allowing US military troops to use Philippine military bases.

294 Amnesty International Report 2014/15 In early December, half a million people committed and in July recommended the were evacuated in advance of Typhoon filing of a criminal complaint. Hagupit and 27 casualties were reported. The Senate opened an enquiry into police torture the day after Amnesty International TORTURE AND OTHER ILL-TREATMENT launched its report “Above the Law: Police Torture and other ill-treatment remained torture in the Philippines” on 4 December. rife and appeared to be routine during interrogations in some police stations.1 ENFORCED DISAPPEARANCES Torture methods included severe beating as Concerns remained over the government’s well as electric shocks, mock executions, commitment to ending enforced waterboarding, near-asphyxiation with plastic disappearances following its failure to ratify bags, and rape. the International Convention for the Protection Among those most at risk were criminal of All Persons from Enforced Disappearance. suspects and repeat offenders, including In February, the CHR announced that juvenile offenders, informal police auxiliaries it would enter into a Memorandum of (known locally as “assets”), suspected Agreement with the Department of Interior members or sympathizers of armed and Local Government, the Department groups and political activists. Most torture of National Defense and the Department victims were from poor and marginalized of Justice on the implementation of the backgrounds. In 2014, the Commission Anti-Enforced or Involuntary Disappearance on Human Rights of the Philippines (CHR) Act of 2012 which criminalized enforced reported that it recorded 75 cases of torture disappearances. In August, the National in 2013, and 28 cases from January to July Bureau of Investigation arrested retired 2014. The majority of reports of torture cited General Jovito Palparan in Manila after three police officers as the alleged perpetrators. years in hiding. In 2011, he was charged with Despite its criminalization under the 2009 kidnapping, abduction and “serious illegal Anti-Torture Act, not one perpetrator has been detention” of two women university students. convicted under the Act. In February the Supreme Court upheld In January the CHR exposed a secret the finality of the Court of Appeals ruling detention facility in Laguna province, in which identifying a military officer responsible for police officers appeared to be torturing for the abduction and disappearance of Jonas entertainment by using a “roulette wheel” Burgos in 2007, and finding the military on which torture methods were described. accountable for his abduction. Forty-three detainees were found inside the facility. In February the Philippine National IMPUNITY Police (PNP) suspended 10 police officers. Trials in the civil and criminal cases relating Investigations continued, but none were to the 2009 Maguindanao massacre, in convicted at the end of the year. Twenty-three which state-armed militias led by government cases were filed for preliminary investigation officials killed 58 people including 32 media and were pending resolution. workers, were ongoing. However, most of Alfreda Disbarro, a former police informant, the proceedings were bail hearings only. By was apprehended and tortured by police the end of the year, around 85 of the 197 officers in October 2013. In April, the suspects for whom arrest warrants had been PNP Internal Affairs Service conducted an issued remained at large and no convictions investigation into her case; the decision had been handed down. on the administrative case against the Witnesses to the massacre and their perpetrators was pending. The CHR families remained at risk of attacks, including concluded that human rights violations were killings, highlighting a lack of government

Amnesty International Report 2014/15 295 protection. In November, Dennis Sakal and included: prohibiting health practitioners Butch Saudagal, both of whom were due from refusing to provide reproductive health to testify against primary suspects in the services and penalizing them if they did; massacre, were shot by unidentified gunmen requiring all private health facilities, including in Maguindanao province, killing Dennis those owned by religious groups, to provide Sakal. In December, Kagui Akmad Ampatuan, family planning methods, including modern who reportedly convinced these witnesses to contraceptive supplies and procedures; testify for the prosecution, survived a similar allowing minors – including those who already ambush in Maguindanao. have children or have had miscarriages – At least eight witnesses and their family access to without their parents’ members had been killed in similar attacks written consent; and allowing married since November 2009. No one was held individuals to undergo reproductive health accountable for these killings. procedures without their spouse’s consent. The Department of Justice failed to include FREEDOM OF EXPRESSION exceptions to the total ban on abortion in At least three radio broadcasters and the draft criminal code it sent to Congress. one newspaper reporter were killed by Due to the total ban on abortion, clandestine unidentified gunmen in 2014. abortions remained widespread, resulting in In February, the Supreme Court declared unnecessary death and disability of women. major provisions of the 2012 Cybercrime Prevention Act, including the online libel provision, as constitutional. The Court clarified 1. Above the law: Police torture in the Philippines (ASA 35/007/2014) that only original authors of libellous material www.amnesty.org/en/library/info/ASA35/007/2014/en were covered by the law, excluding those who reacted online to the libellous post.

ABUSES BY ARMED GROUPS Attacks by hardline Islamist insurgents POLAND opposed to the peace accord between the government and the Moro Islamic Republic of Poland Liberation Front continued. In July, an Head of state: Bronislaw Komorowski attack by Abu Sayyaf in province left Head of government: Ewa Kopacz (replaced Donald 21 people dead. In December, 10 people Tusk in September) were killed and more than 30 injured when a mortar bomb exploded on a public bus in Bukidnon province. Former Polish president has admitted that Poland hosted a secret CIA prison. SEXUAL AND REPRODUCTIVE RIGHTS The European Court of Human Rights Following a year-long suspension of its ruled against Poland for complicity in CIA implementation, in April the Supreme secret detention and torture. Concerns over Court upheld the Reproductive Health Law protection and fulfilment of sexual and following a legal challenge by various faith- reproductive rights persisted. Poland has not based groups. The law paves the way for ratified the Council of Europe Convention on government funding for modern contraceptive preventing and combating violence against methods and seeks to introduce reproductive women and domestic violence. health and sexuality education in schools. However, the Court’s ruling found eight provisions to be unconstitutional. These

296 Amnesty International Report 2014/15 COUNTER-TERROR AND SECURITY A third man who had alleged that he was Poland became the first EU member state held at a secret detention site in 2003 was to be found complicit in the USA’s rendition granted “injured person” status in October and secret detention programmes, authorized 2013 in Poland’s national investigation into by US President George W. Bush in the the CIA site. Walid bin Attash, a Yemeni aftermath of the 11 September 2001 attacks national, is currently detained and awaiting in the USA. In July, the European Court trial by military commission at Guantánamo of Human Rights ruled in two separate Bay. A fourth man, Mustafa al-Hawsawi, judgments that the Polish government lodged an application with the prosecutors colluded with the US Central Intelligence seeking injured person status in the ongoing Agency (CIA) to establish a secret prison at investigation into allegations of the rendition Stare Kiejkuty, where detainees were held in and secret detention programmes. At the end secret, subjected to enforced disappearance, of the year, the prosecutor was considering and tortured. The two claimants, Abd whether to reverse a prior negative decision al-Rahim al-Nashiri and Zayn al-Abidin on Mustafa al-Hawsawi’s application. Muhammad Husayn (Abu Zubaydah), After years of denials, former Polish applied to the European Court in 2011 and president Aleksander Kwasniewski admitted 2013, respectively. Abd al-Rahim al-Nashiri, in December that Poland had hosted a Saudi Arabian national alleged to have a secret CIA prison where detainees masterminded the bombing of the USS Cole were held between 2002 and 2003. The off the coast of Yemen in 2000, has claimed acknowledgment came in the aftermath of that he was questioned in a secret facility the release of a heavily redacted summary in Poland and subjected to “enhanced of a US Senate report on the CIA's secret interrogation techniques” and other human detention programme. Although Poland was rights violations, such as “mock execution” not named, the facts surrounding what was with a gun and threats of sexual assault called “detention site blue” in the Senate against his family. Abu Zubaydah, a stateless report conformed to the dates of detention Palestinian born in Saudi Arabia, also alleged and accounts of torture described by Abu that he was held in Poland, where he said Zubaydah and Abd al-Rahim al-Nashiri in he was subjected to extreme physical pain their European Court applications. and psychological suffering, including “waterboarding”. Abd al-Rahim Al-Nashiri SEXUAL AND REPRODUCTIVE RIGHTS faced a capital trial by military commission in Despite the judgment of the European Court Guantánamo Bay. of Human Rights in October 2012 in the case The European Court found Poland in of P. and S. v. Poland, in which Poland was violation of the European Convention on found to have violated the right to private life Human Rights for, among other things, and to be free from inhuman and degrading the lack of an investigation into the men’s treatment when a 14-year-old girl’s right to a claims, their torture and other ill-treatment, lawful abortion was denied, there has been secret detention, and transfer to other places little progress in ensuring access to legal where they were at risk of further human abortion. The authorities failed to introduce rights violations. The Court also reaffirmed measures to ensure effective implementation the victims’ and the public’s right to truth. In of the and to guarantee that the October, the government referred the cases conscientious objection of health workers did to the Grand Chamber of the European Court not inhibit women’s access to lawful services. for a review de novo. At the end of the year, In June, a woman was denied access to the Chamber had not made a decision on the an abortion despite prenatal tests indicating government’s request. severe and irreversible damage of the fetus.

Amnesty International Report 2014/15 297 Although the law allows abortion in such period of detention for asylum-seekers to cases, the Director of a public hospital in 24 months. According to the Polish NGOs Warsaw refused to allow the abortion to be Helsinki Foundation for Human Rights and performed in the hospital, citing grounds the Association for Legal Intervention, nearly of conscience, despite the fact that the one in four people held in migration detention conscientious objection exemption extends were children. to individuals not institutions. The child died In October, the European Court of Human 10 days after the birth. In July, the Ministry Rights asked the government to clarify the of Health fined the hospital for violating the circumstances of the administrative detention patient’s rights and the Mayor of Warsaw of an ethnic Chechen asylum-seeker and her dismissed the Director from his post. In five children. The woman and children were response to the case, the Commissioner deported to Chechnya in March, even though for Patients’ Rights recommended that their asylum procedure was still pending. the government amend the regulations on conscientious objection.

DISCRIMINATION In March, the UN Committee on the PORTUGAL Elimination of Racial Discrimination noted an increase in hate crimes, including anti- Portuguese Republic Semitic attacks. It criticized the lack of a Head of state: Aníbal António Cavaco Silva provision in the Criminal Code establishing Head of government: Pedro Manuel Mamede racial motivation as an aggravating Passos Coelho circumstance of a crime. Anti-discrimination legislation failed to provide equal protection against Reports of excessive use of force by police discrimination in all areas on all grounds. and inadequate prison conditions continued. Discrimination was not explicitly prohibited on Roma continued to face discrimination. the grounds of sexual identity, and was only Austerity measures affected the enjoyment prohibited in respect of sexual orientation in of economic and social rights and in some the sphere of employment. instances were found unconstitutional.

JUSTICE SYSTEM BACKGROUND In January, the Act on Proceedings against In May, the report of the Working Group Persons with Mental Disorders came into on the UN Universal Periodic Review of force. The new law allowed courts to impose Portugal highlighted the need for Portugal preventive measures against convicted to protect the human rights of vulnerable persons with mental disorders who threaten groups from the negative impact of austerity the life, health and sexual freedom of measures adopted in 2013. Also in May, others. Possible measures included isolation the Constitutional Court declared several in closed mental health units following a austerity measures unconstitutional due to completed jail sentence. The President their disproportionate impact on economic referred the law to the Constitutional Tribunal and social rights. The measures adopted in for review. 2013 were related to public servants' salaries, pensions and sickness and unemployment REFUGEES' AND MIGRANTS' RIGHTS benefits. In the case of salaries, there was The new Law on Foreigners, which entered no retroactive reparation for the negative into force in May, extended the maximum effects already created by such measures.

298 Amnesty International Report 2014/15 At the end of the year the government was RIGHTS OF LESBIAN, GAY, BISEXUAL, planning to reintroduce similar measures in TRANSGENDER AND INTERSEX PEOPLE the new budget. A proposed bill, amending current legislation to ensure the right of same-sex couples to TORTURE AND OTHER ILL-TREATMENT co-adopt children, was rejected in March. In July 2014, two prison officers were handed an eight-month suspended sentence by the REFUGEES AND ASYLUM-SEEKERS court of Paços de Ferreira for using excessive New asylum legislation adopted in January force against a detainee in the Paços de extended the criteria for detaining persons Ferreira prison in 2010. The two officers had seeking international protection. Overcrowding entered the prisoner‘s cell to force him to remained in the Reception Centre for either clean it or leave in order for the cell Refugees of the Portuguese Refugee Council to be cleaned. Even though the detainee in Lisbon, which accommodated asylum- obeyed orders to stand up, turn his back seekers awaiting a decision on their status. to the cell door and face the window, the officers used a Taser to immobilize him. The VIOLENCE AGAINST WOMEN AND GIRLS court considered that the Taser was used According to data provided by the NGO disproportionately, particularly as the man UMAR (União de Mulheres Alternativa e had not resorted to any violence against the Resposta), as of 30 November, 40 women prison officers. were killed by partners, ex-partners and Prison conditions close family members. There were also In December 2013, the UN Committee 46 attempted murders. The number had against Torture highlighted reports of ill- risen since 2013, when 37 homicides were treatment and excessive use of force, as well registered for the whole year. as prison overcrowding and deplorable prison conditions, particularly in the Prison of Santa Cruz do Bispo and the Lisbon Central Prison. DISCRIMINATION – ROMA PUERTO RICO Forced evictions of Roma families continued to be reported. Commonwealth of Puerto Rico In June, the homes of 67 members of Head of state: Barack Obama the Vidigueira Roma Community, including Head of government: Alejandro García Padilla 35 children and three pregnant women, were demolished by the municipality in their absence. According to reports, the The US Department of Justice continued eviction was implemented without prior to pursue death sentences on federal notice and the families had no opportunity charges. Despite some advances in law, to collect their belongings before their LGBTI people continued to be denied their homes were demolished. The families were right to non-discrimination. Laws restricting made homeless as a result of the eviction. the rights to freedom of assembly and In September, a class consisting exclusively expression were repealed. of Roma children, aged seven to 14, was created in a school in Tomar. No action was RIGHTS OF LESBIAN, GAY, BISEXUAL, taken by relevant authorities to address the TRANSGENDER AND INTERSEX PEOPLE segregation of Roma children. In October 2014, a US federal district judge in San Juan upheld Puerto Rico’s ban on same- sex marriage. The judge stated: “Because no

Amnesty International Report 2014/15 299 right to same-gender marriage emanates from Rico reached an agreement to reform the the Constitution, the Commonwealth of Puerto country’s police force after a 2011 federal Rico should not be compelled to recognize report found unconstitutional conduct by such unions.” An appeal was pending before the police, including unlawful killings. Under the US Federal Appeals Court at the end of the federally mandated reform programme, the year. Puerto Rico has 10 years to carry out In February 2013, the Supreme Court the reforms. affirmed the ban on same-sex adoption. In a 5-4 vote, judges upheld the constitutionality DEATH PENALTY of a law that states that a person cannot As a commonwealth of the USA, Puerto Rico adopt a single-parent child if the would-be is subject to some US federal laws. Although adopter is of the same sex as the child's the death penalty on the island was abolished mother or father without that parent losing in 1929, the US Department of Justice has their legal rights. attempted over the years to obtain a death In 2013 there were advances in the sentence on federal charges in a number of creation of laws to protect the rights of cases. During 2013, Puerto Rico juries voted LGBTI people, including a bill that prohibits for life imprisonment in three cases in which employment discrimination based on gender the US administration had been pursuing the identity or sexual orientation and a bill to death penalty. By the end of 2014, there were extend domestic violence protections to no authorized federal capital prosecutions same-sex couples. However, a proposed pending trial in Puerto Rico. amendment to the Penal Code, which would have criminalized discrimination against LGBTI people, was removed. The revised Penal Code was before Governor Padilla awaiting endorsement at the end of the year. QATAR

SEXUAL AND REPRODUCTIVE RIGHTS State of Qatar A civil society campaign to remove a 2011 Head of state: Sheikh Tamim bin Hamad bin Khalifa amendment to the Penal Code limiting a Al Thani woman’s right to abortion to circumstances to Head of government: Sheikh Abdullah bin Nasser protect life or health and making breaches of bin Khalifa Al Thani the law punishable with a fixed prison term of two years was unsuccessful. The 2011 statute violates the US Supreme Court ruling in Roe Migrant workers remained inadequately v. Wade and the Puerto Rico Supreme Court protected under the law and were exploited ruling in Pueblo v. Duarte. and abused. Women faced discrimination and violence. The authorities restricted POLICE AND SECURITY FORCES freedom of expression and courts failed In April 2013, Governor Padilla revoked to uphold fair trial standards. At least two provisions in the Penal Code that restricted death sentences were passed; no executions the right to freedom of assembly and were reported. expression. These laws had criminalized protests in schools, universities and health BACKGROUND institutions as well as those that interfered Elections for the advisory Shura Council, with local government. originally planned for 2013, did not take In July 2013, the US Department of place. The term of the Shura Council had Justice and the government of Puerto been extended until 2016 by the former

300 Amnesty International Report 2014/15 Emir prior to his abdication as head of state hazardous conditions. Under the Labour Law, in 2013. migrant workers were prohibited from forming A rift between Qatar and other Gulf or joining trade unions. Cooperation Council states, reportedly over The government announced that it had Qatar’s support for the Muslim Brotherhood, increased the number of labour inspectors; among other things, saw Saudi Arabia, that it was subjecting more companies to Bahrain and the United Arab Emirates punitive sanctions; and that it had planned withdraw their ambassadors from Qatar in measures to improve conditions for migrant March. In November, it was announced that workers, including new accommodation they would be reinstated. In September, Qatar standards and an electronic wage protection asked seven prominent Egyptian members of system. However, these measures had not the Muslim Brotherhood to leave Qatar. been made law by the end of the year. The government faced growing Migrant domestic workers, mostly women, international pressure to address abuses of and certain other workers were specifically the rights of migrant workers. FIFA, football’s excluded from the Labour Law, exposing world governing body, discussed the issue of them to greater labour exploitation and abuse, migrant labour abuse at its March Executive including sexual abuse.1 The government Committee meeting, intensifying pressure repeatedly stated its commitment to enact on the authorities to address the abuse of legislation to address this problem but it workers ahead of the 2022 football World Cup had not done so by the end of the year. in Qatar. Women domestic workers were liable to face The UN Human Rights Council expressed prosecution and imprisonment for “illicit concern about abuses of the rights of relations” if they reported sexual abuse migrants, discrimination and violence against by employers. women, and restrictions on freedoms of The 2009 Sponsorship Law, which expression and assembly during its Universal requires foreign workers to obtain a sponsor’s Periodic Review of Qatar in May. permission to leave Qatar or change employer, continued to be exploited by employers to MIGRANT WORKERS’ RIGHTS prevent workers from complaining to the Employers continued to abuse and exploit authorities or moving to a new job in the event foreign migrant workers, who comprised more of abuse. The sponsorship system increased than 90% of Qatar’s total workforce. The the likelihood of workers being subjected authorities failed to adequately enforce the to forced labour and human trafficking. In 2004 Labour Law and related decrees, which May, the government announced proposed contained some protective provisions. reforms to the sponsorship system to amend Workers’ living conditions were often the procedure for workers to leave Qatar and grossly inadequate and many workers allow workers to change employers after the said they were made to work excessive completion of their contract or after five years hours beyond the legal maximum or were with the same employer. At the end of the paid far less than agreed when they were year, no legislation had been passed and no contracted. Some employers failed to pay drafts had been published.2 In April the UN workers their wages, and some did not issue Special Rapporteur on the human rights of residency permits to employees, leaving migrants urged the government to abolish the them undocumented and at risk of arrest sponsorship system. and detention. Few workers possessed their An international law firm commissioned own passports and some employers denied by the government to review migrant labour workers the exit permits they required to leave in Qatar submitted its report in April. The Qatar. Construction workers were exposed to authorities did not publish the report,

Amnesty International Report 2014/15 301 although a leaked version containing more enforced disappearance for one week, before than 60 recommendations appeared on the officials acknowledged their detention and internet. The government did not say whether allowed them access to UK consular officials. it would implement the recommendations. They were held incommunicado and released without charge on 9 September. They were WOMEN’S RIGHTS not able to leave Qatar until 19 September.3 Women remained unable to fully exercise their human rights due to barriers in law, JUSTICE SYSTEM policy and practice. The absence of a Following her visit to Qatar in January, the law specifically criminalizing domestic UN Special Rapporteur on the independence violence exposed women to abuse within of judges and lawyers expressed concern the family, while personal status laws at, among other things, the government’s discriminated against women in relation to “interference” in judicial procedures, marriage, divorce, nationality and freedom particularly in cases involving high-profile of movement. individuals or businesses, as well as violations of due process and the failure of the judiciary FREEDOM OF EXPRESSION to meet international fair trial standards. Freedom of expression remained strictly On 30 April, Doha Criminal Court convicted controlled and the press routinely exercised three Filipino nationals of espionage; one self-censorship. was sentenced to death, the other two to life The poet Mohammed al-Ajami, also known imprisonment. The convictions were based as Mohammed Ibn al-Dheeb, remained in largely on confessions reportedly extracted prison in solitary confinement after Qatar’s under torture. All three men lodged appeals. highest court upheld his 15-year sentence on 20 October 2013. He had been convicted and DEATH PENALTY sentenced to life imprisonment in November At least two people were sentenced to death. 2012 for writing and reciting poems deemed No executions were reported. offensive to the state and the Emir, but his sentence was reduced on appeal. He was detained incommunicado for three months 1. ‘My sleep is my break’: Exploitation of migrant domestic workers in after his arrest and tried in secret. He was in Qatar (MDE 22/004/2014) solitary confinement throughout most of his www.amnesty.org/en/library/info/MDE22/004/2014/en imprisonment. 2. No extra time: How Qatar is still failing on workers’ rights ahead of A new cybercrimes law was enacted the World Cup (MDE 22/010/2014) in September. The law criminalized the www.amnesty.org/en/library/info/MDE22/010/2014/en dissemination of “false” news and the 3. Qatar: Further information – UK nationals released (MDE publication online of content deemed harmful 22/008/2014) to Qatar’s “social values” or national interests. www.a mnesty.org/en/library/info/MDE22/008/2014/en The law’s vaguely worded provisions risked increasing self-censorship among journalists and further stifling online criticism of the authorities.

ARBITRARY ARRESTS AND DETENTIONS On 31 August, security authorities in Doha detained two human rights workers, Krishna Prasad Upadhyaya and Ghimire Gundev, both UK nationals. They were subjected to

302 Amnesty International Report 2014/15 of Appeal found that the government had ROMANIA failed to implement measures promised in the wake of attacks against Roma communities in Romania Hădăreni, including Head of state: Klaus Iohannis (replaced Traian projects to improve living conditions and inter- Băsescu in December) ethnic relations. The Hădăreni events were Head of government: Victor Ponta among some 30 incidents of mob violence directed at Romani communities throughout Romania in the early 1990s. A former senior intelligence official In September 2013, the High Court confirmed that Romania had co-operated of Cassation and Justice upheld the with the CIA to establish a secret prison 2011 decision of the National Council for in the country. Roma continued to Combating Discrimination that the concrete experience discrimination, forced evictions wall erected in Baia Mare to separate and other human rights violations. The blocks of houses inhabited by Roma from parliamentary Commission for the Revision the rest of the residential area amounted to of the Constitution passed an amendment discrimination. restricting protection against discrimination. HOUSING RIGHTS – FORCED EVICTIONS BACKGROUND The concluding observations of the UN In January, the European Commission Committee on Economic, Social and expressed concerns about the independence Cultural Rights called on the government of the judicial system. International and to ensure access to adequate housing for Romanian NGOs expressed concerns over disadvantaged and marginalized groups, the failure of the authorities to seriously including Roma, and to amend the legislation engage with the review process by the UN to prohibit forced evictions.1 Committee on Economic, Social and Cultural Local authorities continued to forcibly evict Rights. In December, the Committee criticized Romani communities. Some were relocated the failure of the government to ensure the to inadequate and segregated housing, while effective protection of a wide range of human others were effectively made homeless. rights enshrined in the ICESCR, including Romani families living for over 40 years the right to adequate housing, water and in an informal settlement in Eforie Sud, sanitation, and sexual and reproductive rights, Constanţa county, were repeatedly forcibly in the Committee’s first review of the country evicted from their homes. In September 2013, for over 20 years. 101 people, including 55 children, were made homeless in severe weather conditions DISCRIMINATION – ROMA when their homes were demolished following Roma continued to face systemic a municipal order. Some of the families were discrimination. Public officials used subsequently offered temporary shelter in discriminatory and stigmatizing speech two abandoned school buildings in highly against Roma. In February, President inadequate living conditions.2 In July 2014, Traian Băsescu was fined for the second seven of the 10 families living in one of the time by the National Council for Combating former schools were relocated to segregated Discrimination. During an official visit to and inadequate containers on the outskirts Slovenia in November 2010, he stated that of Eforie Sud, while the remaining three were “among nomad Roma, very few want to work left homeless. None of the families were and many of them, traditionally, live off what provided with remedy or compensation for the they steal.” In July, the Cluj-Napoca Court

Amnesty International Report 2014/15 303 violations suffered and for loss or damage to TORTURE AND OTHER ILL-TREATMENT their possessions. In July, the European Court of Human Rights By the end of 2014, Romani families ruled that Romania had violated the right to forcibly evicted in August 2013 from the life of Valentin Câmpeanu, an HIV-positive Craica settlement in Baia Mare in connection Romani man with a mental illness who with a waterworks project co-funded by the died due to inappropriate care and living Romanian Ministry of Environment, the EU conditions at the Poiana Mare psychiatric and the European Bank for Reconstruction hospital in 2004. and Development, had not been provided Also in July, the Council of Europe with adequate alternative housing.3 The Commissioner for Human Rights criticized families continued to live in the improvised the inadequate living conditions and ongoing housing they built after the 2013 demolitions. reports of ill-treatment in institutions for In December 2013, the Cluj-Napoca adults and children with mental and physical County Court ruled unlawful the Mayor’s disabilities, despite the government’s decision to forcibly evict around 300 Roma longstanding expressed objective to reduce in December 2010 from the centre of the city the number of people with disabilities being and resettle them at a site adjacent to a waste held in institutions. dump. The court ordered the municipality to The Commissioner also expressed concern pay damages to the applicants and provide over reported cases of excessive use of force them with adequate housing. In October by police during searches carried out in 2014, following the municipality’s appeal, the Romani homes in Reghin, Mureş, in 2013 Cluj Court of Appeal decided to remit the case and recommended the establishment of to the Cluj District Court on the grounds that an independent complaints mechanism for the case was a matter of private – rather than violations by law enforcement officials. administrative – law, as the municipality had acted in its capacity of landlord/landowner SEXUAL AND REPRODUCTIVE RIGHTS rather than as a public authority. The case According to several international and was still pending at the end of the year. national NGOs, barriers inhibiting women’s access to legal abortion services persisted. COUNTER-TERROR AND SECURITY These included mandatory or biased In December, a former chief of the counselling, conscientious objection by intelligence service confirmed that Romania medical practitioners, and limited information had co-operated with the CIA to establish about abortion services. a secret prison in the country in 2002. The admission followed the release of a US Senate RIGHTS OF LESBIAN, GAY, BISEXUAL, report detailing the CIA’s secret detention TRANSGENDER AND INTERSEX PEOPLE programme and the torture of detainees. In In June 2013, the parliamentary Commission the report, “detention site black” was alleged for the Revision of the Constitution passed an to be a secret prison in Romania. amendment removing sexual orientation as In 2012, Abd al-Rahim al-Nashiri, a a protected ground in the anti-discrimination Saudi Arabian national currently detained at provisions of the Constitution. The Guantánamo Bay, lodged a complaint against Commission rejected at second voting, after Romania with the European Court of Human passing it initially, an amendment proposing Rights alleging that he had been secretly a change in the definition of family to freely detained in the capital, Bucharest, between consented marriage between “a man and a 2004 and 2006. woman” rather than between “spouses”.

304 Amnesty International Report 2014/15 defenders, independent journalists and 1. Romania falls short of its international human rights obligations on lawyers continuing to face personal risks in Economic, Social and Cultural Rights (EUR 39/004/2014) their work. www.amnesty.org/en/library/info/EUR39/004/2014/en 2. Romanian local authorities must provide housing for homeless BACKGROUND families after forced eviction (EUR 39/018/2013) In February, Russia hosted the well-attended www. amnesty.org/en/library/info/EUR39/018/2013/enRomania: Winter Olympic Games in Sochi. By the end Families homeless after forced eviction (EUR 39/019/2013) of the year, following its annexation of Crimea www.amnesty.org/en/library/info/EUR39/019/2013/enRomanian from Ukraine in March and its continuing government is failing homeless Roma in Eforie Sud (EUR support for separatists in Ukraine’s eastern 39/021/2013) region of Donbass, Russia was facing www.amnesty.org/en/library/info/EUR39/021/2013/enRomania: increasing international isolation. Submission to the Pre-sessional Working Group of the UN Committee The Russian authorities adopted an on Economic, Social and Cultural Rights, 53rd meeting (EUR increasingly belligerent anti-Western and anti- 39/02/2014) Ukrainian rhetoric, which was widely echoed www.amnesty.org/en/library/info/EUR39/002/2014/en in the government-controlled mainstream 3. How the EBRD’s funding contributed to forced evictions in Craica, media. Despite growing economic difficulties Romania (EUR 39/001/2014) and projected cuts in social spending – www.amnesty.org/en/library/info/EUR39/001/2014/en caused in part by Western sanctions and falling oil prices (Russia’s major export commodity), and corruption – the Russian leadership enjoyed a surge in popular support, fuelled in large measure by the RUSSIAN widely hailed annexation of Crimea (which had been under Russian administration in the FEDERATION Soviet Union until 1954). Fighting in Ukraine continued after a Russian Federation Russian-brokered truce in September, Head of state: Vladimir Putin albeit on a reduced scale. The government Head of government: Dmitry Medvedev consistently denied that Russia was supplying military hardware, personnel and other assistance to the separatists in Donbass, Media pluralism and the space for the despite growing evidence to the contrary. In expression of dissenting views shrank occupied Crimea, Russian laws took effect, markedly. Restrictions on the rights to and the rights to freedom of expression, freedom of expression, assembly and assembly and association were significantly association, introduced in 2012, were curtailed as a result. assiduously enforced and further added to. Some NGOs faced harassment, public FREEDOM OF EXPRESSION smear campaigns and pressure to register as Media and journalists “foreign agents”. Several protesters and civil The government strengthened its control over society activists were convicted following mainstream media, which became noticeably unfair, politically motivated trials. Torture less pluralistic. Most media not nominally and other ill-treatment continued to be used under state control exercised an increasing with impunity. The situation in the North degree of self-censorship, seldom if ever Caucasus remained volatile and marred by giving platform to views unwelcome by the human rights violations, with no effective authorities. Dissenting media outlets faced legal remedies for victims, and human rights considerable pressure in the form of official

Amnesty International Report 2014/15 305 warnings, the removal of editorial staff and the challenges and the outlets remained blocked severing of business ties. Publicly owned and at the end of the year.1 private media outlets with pro-government Several independent media outlets sympathies were used to smear political received official warnings about “extremist” opponents and critical voices, including or other purportedly unlawful content. independent NGOs. Independent radio station Echo Moskvy Dozhd TV was taken off air by satellite was forced to remove a transcript from its and cable broadcasters in late January after website of a studio discussion on 29 October it initiated a controversial debate about the with two journalists who had witnessed the siege of Leningrad in World War II. It was fighting at Donetsk airport and expressed also refused an extension on the lease of its pro-Ukrainian views. Roskomnadzor alleged studio space. Although commercial reasons that the programme contained “information were cited, the political influence on these justifying the commission of war crimes”. The business decisions was apparent. Dozhd TV host of the discussion, Aleksandr Pliuschev, was well known for its independent political was later suspended for two months in broadcasting, giving the floor to opposing connection with an unrelated inappropriate views and offering markedly different personal tweet. His suspension was the coverage of EuroMaydan events in Ukraine. It result of a compromise reached between the was forced to broadcast online only and resort editor-in-chief Aleksey Venediktov and the to “crowdfunding” to survive. management of Gazprom Media, the station’s In March, the owner of online news principal shareholder, who had initially outlet Lenta.ru replaced its editor-in-chief sought to dismiss Aleksandr Pliuschev and after receiving an official warning for threatened to remove Aleksey Venediktov. publishing an interview with a right-wing Physical attacks on journalists continued. Ukrainian nationalist activist who had come In August, several were assaulted in separate to prominence during EuroMaydan. Many incidents, as they attempted to report members of staff resigned in protest, and on secretive funerals of Russian military the previously independent editorial policy servicemen allegedly killed in Ukraine. changed markedly. On 29 August, Lev Shlosberg, publisher of Greater controls were imposed on the Pskovskaya Guberniya, the first newspaper internet. In February a law was enacted giving to report on the secret funerals, was brutally the Prosecutor’s Office the authority to order beaten and hospitalized with head injuries. the media regulator, Roskomnadzor, to block The investigation failed to identify his three websites without judicial authorization for assailants and was suspended at the end of purported violations, including publishing the year. calls to participate in unauthorized Timur Kuashev, a journalist from public assemblies. Kabardino-Balkaria who worked closely with In March, popular online news outlets local human rights defenders, was found Ezhednevnyi Zhurnal (Daily Journal), dead on 1 August. His unexplained death Grani.ru and Kasparov.ru were blocked was reportedly caused by a lethal injection. after reporting on the dispersal of several The killings of other journalists in the North peaceful spontaneous street protests in Caucasus in previous years, including Moscow. The Prosecutor’s Office argued Natalia Estemirova, Hajimurad Kamalov that their sympathetic reporting on these and Akhmednabi Akhmednabiev, were demonstrations amounted to calls for not effectively investigated and their killers further “unlawful actions”. Its decision remained unidentified. In June, five men were was repeatedly upheld in subsequent legal sentenced to imprisonment for the killing of investigative journalist Anna Politkovskaya

306 Amnesty International Report 2014/15 in Moscow in October 2006, but those who In July, penalties were significantly ordered her killing remained unidentified. increased and criminal liability punishable by imprisonment introduced for repeated ACTIVISTS violations of the law on public assemblies.3 Individuals and groups with dissenting views The authorities proceeded with the also continued to be denied their right to prosecution of those accused in connection freedom of expression. Sexual minorities were with the May 2012 Bolotnaya Square protest: among those targeted, including under the 10 individuals were sentenced to between two 2013 federal law prohibiting “propaganda and a half and four and a half years in prison of non-traditional sexual relations among for their participation in and alleged violence minors”. LGBTI activists were consistently during the protest, which was qualified as prevented from holding peaceful assemblies, “mass disorder”. Sergei Udaltsov and Leonid including in locations specifically designated Razvozzhaev were convicted of organizing the for public gatherings without prior permission, “mass disorder”. typically less frequented parks with low On 20 and 24 February, police violently footfall. Courts upheld the right of LGBTI dispersed hundreds of peaceful protesters activists to peaceful assembly in relation assembled outside the court building in to previously banned events on three Moscow as it was delivering its verdict in the occasions, but their rulings had no impact on Bolotnaya trial and at subsequent gatherings future decisions. in the city centre. Over 600 were arbitrarily In January, activist Elena Klimova, from arrested, most of whom received fines. At Nizhniy Tagil, was accused of “propaganda” least six were sentenced to between five and for her online project “Children 404” aimed 13 days’ “administrative arrest”. at supporting LGBTI teenagers.2 Charges In subsequent weeks, numerous were issued against her, then dropped, then peaceful protesters were arrested, fined and issued again, threatening the closure of her sometimes detained for their participation project. In April, the screening of a film about in protests against Russia’s military “Children 404” in Moscow was disrupted involvement in Ukraine and the annexation by protesters who forced their way into the of Crimea. At the same time, pro-government auditorium and shouted abusive slogans. demonstrations on Ukraine were allowed They were accompanied by armed police who to proceed in central locations that were insisted on checking the identity documents regularly denied to opposition protesters. of all those present in order to establish In Samara, several activists received whether any minors were present. anonymous death threats after they held a series of single-person pickets (the only FREEDOM OF ASSEMBLY form of protest allowed without a prior Street protest activity declined overall in authorization) on 2 March.4 comparison to previous years, but spiked In August, three women were briefly briefly in February and March, and again in detained at a police station in Moscow for December, in response to the Bolotnaya trial wearing clothes in blue and yellow, the and Russia’s military involvement in Ukraine, colours of the Ukrainian flag. Similar incidents and to the announced health care system were reported across the country. reforms and the conviction of Aleksei and At the end of the year, small-scale protests Oleg Navalny. took place, mostly unhindered, in a number Onerous approval procedures for public of cities across Russia against planned health assemblies remained in place. With few care cuts, but in Moscow, four protesters were exceptions, most public protests were sentenced to detention of between five and severely restricted, barred or dispersed.

Amnesty International Report 2014/15 307 15 days after demonstrators briefly blocked Vitishko lost an appeal in a criminal case on a road. exaggerated charges brought to silence him Over 200 people were detained in Moscow and his NGO, and was transferred directly on 30 December when the verdict in a to a prison colony to serve his three-year politically motivated criminal trial against sentence.7 The work of Ekovakhta was political activist Aleksei Navalny and his suspended by a court decision in March, brother Oleg was announced two weeks and the NGO was liquidated by another before it was scheduled, and spontaneous decision in November, for a minor formal protests took place. Two detainees were transgression. sentenced to 15 days’ detention and a further The Ministry of Justice applied to the courts 67 held overnight and released pending trial to close the Russian Society Memorial for a in January. purportedly incorrect form of registration. The hearing was postponed while the NGO took FREEDOM OF ASSOCIATION formal steps to rectify this. Civil society activists continued to face harassment, public attacks on their integrity TORTURE AND OTHER ILL-TREATMENT and, in some instances, criminal prosecution. Allegations of torture and other ill-treatment Throughout the year, independent civil continued to be reported across the country, society organizations faced growing pressure while many of those who sought redress under the so-called “foreign agents law”. faced pressure to withdraw their complaints. This was introduced in 2012 to force NGOs Investigations into such allegations were receiving foreign funding and undertaking almost invariably ineffective. Confessions loosely defined “political activities” to register extracted under torture were used as as “organizations fulfilling the functions of a evidence in court. In only a handful of cases, foreign agent” and mark their public materials typically involving human rights NGOs, accordingly. In 2013 and 2014, hundreds charges were brought against the implicated of NGOs were subjected to intrusive official law enforcement officials. “inspections” and dozens were embroiled Members of an independent public in protracted court hearings to fend off this monitoring commission repeatedly requirement. In May, the law was amended documented instances of torture and other to give the Ministry of Justice the authority to ill-treatment of detainees at the prison register an NGO as a “foreign agent” without colony and pre-trial detention centre IK-5 in its consent. By the end of the year it had Sverdlovsk Region. In July, they requested registered 29 NGOs including several leading the authorities to investigate allegations of the human rights organizations as “foreign torture of E.G., held there on remand pending agents”.5 At least five NGOs chose to dissolve trial, and produced photographic evidence themselves as a direct result of harassment of his injuries. A member of the Prosecutor’s under the “foreign agents law”. Office responded in a letter that, based on Members of the NGO Environmental Watch staff questioning at IK-5 and the paperwork for North Caucasus (Ekovakhta), who were held by its administration, E.G. had not been highlighting environmental damage caused subjected to violence at this institution and by the Sochi Olympics, were subjected to that his injuries predated his transfer there. a sustained campaign of harassment by No further investigation was undertaken. security officials ahead of the Games.6 Two of them, Yevgeny Vitishko and Igor Kharchenko, NORTH CAUCASUS were arrested on trumped-up administrative The situation in the North Caucasus remained charges and detained during the Games’ volatile, with armed groups engaging in opening. While in detention, Yevgeny sporadic attacks against security officials.

308 Amnesty International Report 2014/15 Over 200 people reportedly lost their lives threats and harassment from law enforcement in multiple incidents, including dozens of officials and unidentified individuals. civilians. Security operations, conducted in Civil society activist Ruslan Kutaev Dagestan, Kabardino-Balkaria, Chechnya complained of torture, including beatings and and elsewhere, were accompanied by serious electrocution, after his arrest in February on human rights violations, including unlawful trumped-up charges of heroin possession. detention, torture and other ill-treatment, His injuries were well documented by alleged enforced disappearances and independent monitors.9 However, the extrajudicial executions. investigative authorities accepted the alleged On 4 December, armed fighters attacked perpetrators’ explanation that Ruslan Kutaev’s government buildings in Grozny, Chechenya, injuries resulted from a fall, and refused to killing at least one civilian and 14 police investigate his complaints further. He was officers. The next day Ramzan Kadyrov, Head convicted following an unfair trial in July in of the Republic, publicly promised to expel Urus-Martan, Chechnya, and sentenced to relatives of the armed group members from four years in prison, reduced by two months Chechnya and demolish their houses. At on appeal in October. least 15 houses, homes to dozens of people Dagestani lawyer Sapiyat Magomedova, including small children, were burnt down or who was seriously assaulted by police in 2010 demolished.8 Human rights defenders who at a police station when visiting a detained condemned this practice and demanded an client, continued to receive anonymous investigation were pelted with eggs at a press death threats and threats from investigation conference in Moscow on 11 December. officials, both veiled and open. None of Ramzan Kadyrov used social media to accuse her official complaints were effectively Igor Kalyapin, leader of the Joint Mobile investigated. She remained concerned for Group for Chechnya, of supporting terrorists. her own, her colleagues’ and her family’s The Group’s office in Grozny was destroyed safety, but refused to give up her work.10 by fire on 14 December in an apparent arson The investigation into her beating by police attack, and its two members searched and in 2010 was formally reopened, but the detained for several hours by police without authorities failed to demonstrate any progress explanation, their phones, cameras and or intention to prosecute her assailants. computers confiscated. The near-total lack of legal remedies for victims of human rights violations prevailed, 1. Violation of the right to freedom of expression, association and as the criminal justice system remained assembly in Russia (EUR 46/048/2014) ineffective and subject – for the most www.amnesty.org/en/library/info/EUR46/048/2014/en part clandestinely – to high-level political 2. Russian Federation: Journalist charged under “propaganda law”: pressure. However, in Chechnya judges and Elena Klimova (EUR 46/009/2014) jury members were openly admonished by www.amnesty.org/en/library/info/EUR46/009/2014/en Ramzan Kadyrov for decisions in criminal 3. A right, not a crime: Violations of the right to freedom of assembly in cases that he considered lenient towards Russia (EUR 46/028/2014) the defendants. www.amnesty.org/en/library/info/EUR46/028/2014/en Reporting on human rights violations 4. Russian Federation: Peace activists receive death threats remained a difficult, and often dangerous, www.amnesty.org/en/library/asset/EUR46/022/2014/en/56bb391a- occupation, and many violations were be6b-458f-8bca-05723a2eb17b/eur460222014en.html believed to have gone unrecorded. Human 5. Violations of the right to freedom of expression, association and rights defenders, independent journalists assembly in Russia (EUR 46/048/2014) and lawyers who worked on cases involving www.amnesty.org/en/library/info/EUR46/048/2014/en human rights violations continued to face

Amnesty International Report 2014/15 309 6. Russian Federation: Serious human rights violations associated to remember the victims reiterated the need with the preparation for and staging of the Sochi Olympic Games, for the international community to continue open letter to the Chair of the International Olympic Committee, 10 to improve its response to emerging mass February 2014 (EUR 46/008/2014) atrocities.1 www.amnesty.org/en/library/info/EUR46/008/2014/en Economic progress and development 7. “Russia: Legacy of Olympic games tarnished by arrests, 22 February continued. However, the political landscape 2014” (Press release) continued to be dominated by the ruling www.amnesty.org/en/for-media/press-releases/russia-legacy- Rwandan Patriotic Front (RPF) without olympic-games-tarnished-arrests-2014-02-22 any meaningful opposition. The authorities 8. Russia: Burning down homes after Chechnya clashes appears to be continued to react harshly to any criticism, collective punishment (News story) especially regarding its human rights record. www.amnesty.org/en/news/russia-burning-down-homes-after- In late July, President Kagame reshuffled chechnya-clashes-appears-be-collective-punishment-2014-12-09-0 the cabinet and Prime Minister Habumuremyi 9. Russian Federation: Imprisoned activist must be released was replaced. The President of the Senate, immediately: Ruslan Kutaev (EUR 46/052/2014) Jean-Damascène Ntawukuriryayo, resigned www.amnesty.org/en/library/info/EUR46/052/2014/en in September. 10. Russian Federation: Further information: New death threats against In June, a report by the UN Group Dagestan lawyers (EUR 46/034/2014) of Experts noted that the fate of former www.amnesty.org/en/library/info/EUR46/034/2014/en combatants and political cadres of the March 23 Movement (M23) armed group remained unresolved, including escapes of individuals from camps in Rwanda. Many M23 members had fled to Rwanda following their defeat by RWANDA the Democratic Republic of the Congo (DRC) troops in late 2013. Republic of Rwanda Head of state: Paul Kagame POLITICAL ASSASSINATIONS ABROAD Head of government: Anastase Murekezi (replaced The Rwandan government denied allegations Pierre Damien Habumuremyi in July) that they were linked to successful or attempted assassinations of political dissidents abroad. Freedoms of expression and association in On 1 January, Patrick Karegeya, a leading Rwanda continued to be unduly restricted member of the opposition Rwandan National by the authorities. Rwandans were unable Congress (RNC) and former Head of External to openly express critical views on issues Intelligence (RDF), was found dead in a perceived as sensitive by the authorities hotel room in Johannesburg, South Africa. and the environment for journalists, human Investigations into his killing were carried out; rights defenders and members of the however, the perpetrators were not identified. opposition remained repressive. There were Public statements following his death by the reports of unlawful detention by Rwandan Rwandan authorities, including President military intelligence and past cases of Kagame, sought to justify the killing of people torture were not investigated. who were traitors to the country. In August, a South African Court found BACKGROUND four men guilty of the 2010 attempted 2014 marked the 20th anniversary of the 1994 assassination of Kayumba Nyamwasa, an genocide in which around 800,000 Rwandan exiled RNC dissident and former Chief of Staff Tutsi and Hutu opposed to the government of the RDF. The judge was cited in media were killed. Around the world, events held

310 Amnesty International Report 2014/15 reports as saying that the main culprits for the returned to Rwanda in January 2010 after 16 attempted assassination remained at large. years in exile in Europe. Bernard Ntaganda, President of the Ideal HUMAN RIGHTS DEFENDERS Social Party (Parti Social-Imberakuri), was Human rights defenders were subjected to released from Mpanga prison after four personalized attacks and threats and faced years in detention. He had been found guilty intimidation and administrative obstacles. in 2011 of “divisionism” for making public Space for criticism of the country’s human speeches criticizing government policies rights record by civil society was almost ahead of the 2010 elections, breaching non-existent. The human rights community state security and attempting to plan an remained weakened, with individuals “unauthorized demonstration”. taking a pro-government position in their work or employing self-censorship to avoid FREEDOMS OF ASSOCIATION harassment by the authorities. AND EXPRESSION In August, Transparency International (TI) People continued to be imprisoned for the issued a statement reporting security risks legitimate exercise of their rights to freedom experienced by its staff. According to TI, an of association or of expression. armed man had attempted to enter its offices Sylvain Sibomana and Anselme on 29 July and another staff member had Mutuyimana, members of FDU-Inkingi, reported security threats at his home. The remained in prison. Both were sentenced in killing in July 2013 of Gustave Makonene, January following their conviction for inciting who worked for TI, had a chilling effect on insurrection or trouble among the population other activists working on potentially sensitive after organizing a meeting in Rutsiro district issues, such as corruption. in September 2012. An appeal was lodged On 8 August, the High Court of Nyarugenge against the convictions. Six members of FDU- in Kigali ruled that the current executive Inkingi were released on 5 September after committee of the Rwandan League for the serving a two-year sentence for attending the Promotion and Defense of Human Rights same meeting in Rutsiro. Sylvain Sibomana (LIPRODHOR) should remain in place. The was also convicted of participating in illegal complaint had been brought by the former gatherings for taking part in a demonstration President of LIPRODHOR who had been outside the Supreme Court during Victoire ousted in July 2013 in a move supported Ingabire’s appeal in March 2013. by the Rwanda Governance Board, an Political parties official body charged with promoting and The few opposition parties permitted faced a monitoring good governance in Rwanda. repressive environment. Legal procedures for The complainant lodged an appeal against establishing political parties remained lengthy the judgment. and time-consuming. The Democratic Green Party of Rwanda POLITICAL PRISONERS (DGPR), which had been granted official Following the rejection of her appeal in registration in August 2013, called for an December 2013, Victoire Ingabire, President investigation to establish the whereabouts of of the United Democratic Forces party a leading party member, Jean Damascène (FDU-Inkingi), remained in Kigali Central Munyeshyaka, who was last seen on Prison serving a 15-year prison sentence for 27 June 2014 in Nyamata, Bugesera terrorism-related and freedom of expression District. The DGPR alleged that prior to his offences. Some of the evidence used to disappearance he had received a telephone convict her was linked to the legitimate call from an individual requesting that expression of her ideas. Victoire Ingabire had they meet immediately. The DGPR had

Amnesty International Report 2014/15 311 previously reported administrative obstacles Four people – Kizito Mihigo, a singer; in registering and state surveillance, Cassien Ntamuhanga, a journalist harassment and intimidation because of their with Amazing Grace Radio; Jean Paul political activities. Dukuzumuremyi, a demobilized soldier; and Agnes Nyibizi, an accountant – were arrested UNLAWFUL DETENTIONS in April and charged with state security BY THE MILITARY offences. Official reports indicated they were Reports of unlawful detentions by the RDF accused of having been recruited by the RNC continued. People were held in detention and the Democratic Forces for the Liberation centres that were not part of the Rwanda of Rwanda, an armed group based in eastern Correctional Service, without access to Democratic Republic of the Congo, and of lawyers or due process. planning terrorist activities. It was reported Past allegations of torture, including that Kizito Mihigo may have held critical beatings, electric shocks and sensory conversations by email with the opposition deprivation, were not investigated. abroad; however, this remained unconfirmed. The authorities rejected criticism of alleged The four were detained pending trial at the unlawful detentions by military intelligence end of the year. made by the US and UK governments. On 4 In August, Rwandan military intelligence June 2014, President Kagame responded to arrested four individuals linked to the RDF. recent reports by saying that those seeking to They faced charges including tarnishing the destabilize the country would be arrested or image of the country or government, inciting even killed. insurrection or trouble among the population, concealing objects which were used or meant UNFAIR TRIALS – STATE to commit an offence, and illegal possession SECURITY TRIALS of firearms. Three faced trials before a High-ranking military officers were held military court – Colonel Tom Byabagamba, on state security charges. The authorities retired General Frank Rusagara and Sergeant failed to respect due process in their François Kabayiza. Captain David Kabuye was treatment of people suspected of terrorism- due to be tried before a civilian court. All four related offences. trials were pending at the end of 2014. The trial of Joel Mutabazi and 15 others ended in October. Joel Mutabazi, a PRISONERS OF CONSCIENCE former bodyguard to President Kagame, In June, Agnès Nkusi Uwimana, editor of the was convicted of plotting attacks against private Kinyarwanda-language newspaper the government and sentenced to life Umurabyo, was released after completing imprisonment. He announced his intention to a four-year prison sentence. She had been appeal the verdict. Many of his co-accused imprisoned for threatening state security after stated in court that they had been tortured writing opinion pieces critical of government and forced to make confessions. However, policies and alleged corruption in the run-up the court failed to investigate these to the 2010 presidential elections. allegations. Joel Mutabazi had been detained incommunicado by Rwanda’s Department of INTERNATIONAL JUSTICE Military Intelligence at Camp Kami for several Trials of people suspected of involvement in months in 2010 and 2011 and tortured. He the Rwandan genocide continued in national had fled to Uganda, where he was under the courts outside Rwanda. protection of the Ugandan authorities, but in On 18 February, former Mayor Onesphore October 2013 he was abducted and illegally Rwabukombe was found guilty of aiding and returned to Rwanda.

312 Amnesty International Report 2014/15 abetting genocide and was sentenced to 14 years’ imprisonment by a German court. SAUDI ARABIA On 14 March, a former Rwandan army captain, Pascal Simbikangwa, was found Kingdom of Saudi Arabia guilty by a French court of complicity in Head of state and government: King Abdullah bin genocide and crimes against humanity. Abdul Aziz Al Saud The court found that he played a key role in drawing up lists of Tutsi and moderate Hutu leaders to be targeted and contributed to The government severely restricted freedoms the setting up of Radio Mille Collines, which of expression, association and assembly, broadcast messages inciting violence. He was and cracked down on dissent, arresting sentenced to 25 years in prison. It was the and imprisoning critics, including human first time a French court had tried a genocide rights defenders. Many received unfair trials suspect. Six other genocide suspects in before courts that failed to respect due France were awaiting trial or on trial at the process, including a special anti-terrorism end of the year. court that handed down death sentences. On 7 May, the Quebec Superior Court New legislation effectively equated criticism upheld Désiré Munyaneza’s conviction by a of the government and other peaceful Canadian court for genocide, crimes against activities with terrorism. The authorities humanity and war crimes. clamped down on online activism and On 19 June, a Swedish court confirmed the intimidated activists and family members sentence of life imprisonment for Stanislas who reported human rights violations. Mbanenande for his role in five massacres in Discrimination against the Shi’a minority Kibuye during the genocide. remained entrenched; some Shi’a activists Extradition trials of four genocide suspects were sentenced to death and scores received in the UK continued during the year. lengthy prison terms. Torture of detainees In April, a Norwegian court sentenced Sadi was reportedly common; courts convicted Bugingo to 21 years’ imprisonment for his defendants on the basis of torture-tainted role in the genocide. His appeal was pending “confessions” and sentenced others to at the end of the year. The request to the flogging. Women faced discrimination in Norwegian authorities for the extradition of law and practice, and were inadequately another genocide suspect was approved, but protected against sexual and other violence pending appeal at the end of the year. despite a new law criminalizing domestic In the Netherlands, the extraditions of two violence. The authorities detained and men were pending at the end of the year and summarily expelled thousands of foreign in Denmark another genocide suspect was migrants, returning some to countries where awaiting trial. they were at risk of serious human rights International Criminal Tribunal for Rwanda abuses. The authorities made extensive use The International Criminal Tribunal for of the death penalty and carried out dozens Rwanda prepared to close down its of public executions. operations. It had one case pending appeal at the end of 2014. The tribunal had completed BACKGROUND 75 cases, 14 of which ended in acquittals and The government adopted increasingly tough 10 were transferred to national jurisdictions. measures against its critics and opponents, who ranged from peaceful dissidents to armed Islamist militants, reflected by its 1. Rwanda: Never again means never again (AFR 47/001/2014) introduction and enforcement of sweeping www.amnesty.org/en/library/info/AFR47/001/2014/en new and severe anti-terrorism legislation. The

Amnesty International Report 2014/15 313 authorities publicly deterred citizens from – to prison terms of up to eight years to contributing funds, recruits or other support be followed by bans on travel abroad after to militant Sunni armed groups in Syria convicting them of “impinging public order” and Iraq. by using Twitter to criticize the Ministry In September, Saudi Arabia joined the of Justice. The court also banned them US-led military alliance formed to combat the indefinitely from using any media outlets Islamic State armed group and other armed including social media. groups in Syria and Iraq. The government did not permit the The UN Human Rights Council completed existence of political parties, trade unions its Universal Periodic Review of Saudi Arabia and independent human rights groups, and in March. The government accepted the it arrested, prosecuted and imprisoned those majority of the recommendations but rejected who set up or participated in unlicenced substantive calls, such as one urging Saudi organizations. Arabia to ratify the ICCPR. The government The government continued to deny committed to dismantling or abolishing the Amnesty International access to Saudi Arabia male guardianship system and to allowing and took punitive action against activists and women greater freedom to travel, study, work family members of victims who contacted and marry, but it had taken no discernible Amnesty International. steps to implement these commitments by All public gatherings, including the end of the year. demonstrations, remained prohibited under an order issued by the Interior Ministry in FREEDOMS OF EXPRESSION, 2011. Those who sought to defy the ban ASSOCIATION AND ASSEMBLY faced arrest, prosecution and imprisonment The government remained intolerant of on charges such as “inciting people against dissent and repressed its critics, including the authorities”. In October, the government bloggers and other online commentators, warned that it would arrest anyone who defied political and women’s rights activists, the ban by supporting the campaign for members of the Shi’a minority, and women drivers (see below). human rights activists and defenders. The government continued to ban judges from HUMAN RIGHTS DEFENDERS using social media for any purpose. The authorities targeted the small but vocal In May, a court in Jeddah sentenced community of human rights defenders, blogger to 10 years in prison and using anti-terrorism laws to suppress their a flogging of 1,000 lashes after convicting peaceful actions to expose and address him on charges that included “insulting human rights violations. Those detained Islam” for establishing the website Saudi or serving sentences included founding Arabian Liberals, which promoted political members and activists of the Saudi Civil and social debate, and for criticizing some and Political Rights Association (ACPRA), religious leaders. He was initially charged an officially unrecognized group founded in with apostasy, which carries the death 2009 which campaigns for the release or fair penalty. The court also ordered the closure trial of long-term political detainees. At the of the website. His prison term and flogging end of the year, four ACPRA members were sentence were confirmed by the Court of serving prison sentences of up to 15 years, Appeal in September. three others were detained pending their trial In October, the Specialized Criminal Court outcomes, and two were detained without (SCC) in Riyadh sentenced three lawyers trial. The latter were Abdulrahman al-Hamid, – Dr Abdulrahman al-Subaihi, Bander arrested after he signed a statement in April al-Nogaithan and Abdulrahman al-Rumaih calling for the Interior Minister to be put on

314 Amnesty International Report 2014/15 trial, and Saleh al-Ashwan, held without or individuals opposed to the Kingdom”, as charge since 2012. Two other ACPRA well as “seeking to disrupt national unity” by activists were at liberty awaiting the outcome calling for protests, and “harming other states of their trials. Those convicted were serving and their leaders”. In violation of international sentences imposed on vague, overly broad standards, the new decrees had retroactive charges designed to stifle peaceful criticism. effect, exposing those alleged to have Other activists faced trial on similar charges. committed acts in the past to prosecution In July, the SCC sentenced leading on terrorism as well as other charges if they human rights lawyer Waleed Abu al-Khair commit any new offence. to 15 years in prison, followed by a 15-year In July, the Ministry of Justice reaffirmed ban on travelling abroad, after convicting the exclusive jurisdiction of the SCC over him on vague, overly broad charges arising cases involving alleged offences against from his peaceful and professional human state security. rights activities. In November, the Criminal Court in ARBITRARY ARRESTS AND DETENTIONS al-Khobar in the Eastern Province sentenced Security authorities carried out arbitrary human rights defender Mikhlif bin Daham arrests and continued to hold detainees al-Shammari to two years in prison and a without charge or trial for long periods, flogging of 200 lashes after convicting him on with scores of people held for more than charges of “stirring public opinion by sitting six months without being referred to a with the Shi’a” and “violating the rulers’ competent court, in breach of the country’s instructions by holding a private gathering Code of Criminal Procedures. Detainees and tweeting”. He already faced a five-year were frequently held incommunicado during prison term, followed by a 10-year travel ban, interrogation and denied access to lawyers, in imposed on him by the SCC in June 2013. violation of international fair trial standards. The SCC also banned him from writing in the press and on social media websites, and from TORTURE AND OTHER ILL-TREATMENT appearing on television or radio. The SCC’s Torture and other ill-treatment remained appeal chamber confirmed this sentence in common and widespread, according to June 2014. former detainees, trial defendants and others, and were used with impunity. In a number COUNTER-TERROR AND SECURITY of cases, courts convicted defendants A new anti-terrorism law that took effect in solely on the basis of pre-trial “confessions” February, following approval by the King, without investigating their claims that these extended the authorities’ already sweeping confessions had been extracted under torture, powers to combat “acts of terror”. The new in some cases sentencing the defendants law failed to define terrorism but provided that to death. words and actions deemed by the authorities Some prisoners sentenced on political to be directly or indirectly “disturbing” to grounds in previous years were reportedly public order, “destabilizing the security of ill-treated in prison, including the imprisoned society, or the stability of the state”, “revoking ACPRA activists Dr Abdullah al-Hamid and the basic law of government”, or “harming the Dr Mohammad al-Qahtani, who went on reputation of the state or its standing” would hunger strike in March to protest against their be considered terrorist acts. In March, a conditions. In August, Jeddah prison guards series of decrees promulgated by the Interior reportedly beat imprisoned human rights Ministry extended Saudi Arabia’s already wide lawyer Waleed Abu al-Khair when forcibly definition of terrorism to include “calling for removing him from his cell before transferring atheist thought” and “contacting any groups him to another prison.

Amnesty International Report 2014/15 315 DISCRIMINATION – SHI’A MINORITY WOMEN’S RIGHTS Members of the Shi’a minority, most of whom Women and girls remained subject to live in the oil-rich Eastern Province, continued discrimination in law and practice. Women to face entrenched discrimination that limited had subordinate status to men under the their access to government services and law, particularly in relation to family matters employment, and impacted them in many such as marriage, divorce, child custody other ways. Members of the Shi’a community and inheritance, and they were inadequately remained mostly excluded from senior posts. protected against sexual and other violence. Shi’a leaders and activists faced arrest, Domestic violence reportedly remained imprisonment following unfair trials, and the endemic, despite a government awareness- death penalty. raising campaign launched in 2013. A 2013 In May, the SCC sentenced Ali Mohammed law criminalizing domestic violence was not Baqir al-Nimr to death after convicting him on implemented in practice due to a lack of charges that included demonstrating against competent authorities to enforce it. the government, possession of weapons and Women who supported the Women2Drive attacking the security forces. He denied the campaign, launched in 2011 to challenge charges and told the court that he had been the prohibition on women driving vehicles, tortured and forced to confess in pre-trial faced harassment and intimidation by the detention. The court convicted him without authorities, who warned that women drivers investigating his torture allegations, and would face arrest. Some were arrested sentenced him to death although he was but released after a short period. In early aged 17 at the time of the alleged offences. December, Loujain al-Hathloul and Mayssa In October, his uncle, Sheikh Nimr Baqir al-Amoudi, two supporters of the campaign, al-Nimr, a Shi’a cleric from Qatif and vocal were arrested at the border with the United critic of the government’s treatment of the Arab Emirates for driving their cars. The Shi’a minority, was sentenced to death by the authorities later brought terrorism-related SCC. Security forces arrested Sheikh al-Nimr charges against both women, who remained in July 2012 in disputed circumstances in in detention at the end of the year. which he was shot and paralyzed in one Women’s rights activist Souad al-Shammari leg. In August, the SCC sentenced another was detained in October after Bureau of prominent Shi’a cleric, Sheikh Tawfiq al-‘Amr, Investigation and Prosecution officials in to eight years in prison, to be followed by Jeddah summoned her for questioning. She a 10-year ban on overseas travel and a was held without charge at Briman prison in ban on delivering religious sermons and Jeddah at the end of the year. public speeches. Women’s rights activists Wajeha In September, the SCC imposed a fine al-Huwaider and Fawzia al-Oyouni, whose and a 14-year prison sentence followed by 10-month prison sentences and two-year a 15-year foreign travel ban on Shi’a rights foreign travel bans were confirmed by an activist Fadhel al-Manasif after convicting him appeal court in 2013, remained at liberty. on charges that included “breaking allegiance The authorities did not explain their failure to with the ruler” and maintaining “contact with summon them to prison. foreign news organizations”. The sentence In April, two daughters of the King accused was upheld by the SCC’s appeal division him of having held them and their two sisters in December. captive within a royal compound for 13 years, The SCC sentenced other Shi’a activists for and of denying them adequate food. their alleged participation in the protests of 2011 and 2012. At least five received death sentences; others received long prison terms.

316 Amnesty International Report 2014/15 MIGRANT WORKERS’ RIGHTS The authorities carried out dozens of After granting foreign workers several months executions, many by public beheading. Those to regularize their status, the government executed included both Saudi nationals and launched a crackdown on irregular foreign foreign migrants. migrants in November 2013, arresting, detaining and deporting hundreds of thousands of foreign workers in order to open more jobs to Saudi Arabians. In March, the Interior Minister stated that the authorities SENEGAL had deported over 370,000 foreign migrants in the preceding five months and that 18,000 Republic of Senegal others were in detention. Thousands of Head of state: Macky Sall workers were summarily returned to Somalia Head of government: Mohammed Dionne (replaced and other states where they were at risk of Aminata Touré in July) human rights abuses, with large numbers also returned to Yemen. Many migrants reported that prior to their deportation they had been Police used excessive force to suppress packed into severely overcrowded makeshift demonstrations. Conditions in prison detention facilities where they received little continued to be harsh. There was some food and water and were abused by guards. progress in overcoming impunity for past human rights violations, although many CRUEL, INHUMAN OR cases remained unresolved. The long- DEGRADING PUNISHMENT running conflict in Casamance was less The courts continued to impose sentences intense than in previous years. of flogging as punishment for many offences. Blogger Raif Badawi was sentenced to a BACKGROUND flogging of 1,000 lashes in addition to a prison In September 2013 the Minister of Justice sentence. Human rights defender Mikhlif bin committed to opening an official commission Daham al-Shammari was sentenced to 200 of inquiry into poor detention conditions in lashes as well as a prison term. the Liberty 6 and Rebeuss prisons, but by the In September, the authorities released end of 2014 no progress had been made. Ruth Cosrojas, a Filipino domestic worker In March 2014, the UN Human Rights sentenced to 18 months’ imprisonment and Council adopted the outcome of the Universal 300 lashes after an unfair trial in October Periodic Review on Senegal. During the 2013 where she was convicted of organizing review process Amnesty International had the sale of sex (quwada). She had received raised concerns about excessive use of 150 lashes by the time of her release. force by security forces to repress freedom of expression and assembly, torture and DEATH PENALTY other ill-treatment, deaths in detention, Courts continued to impose death sentences and impunity for human rights violations, for a range of crimes, including some that including some dating back 30 years. Senegal did not involve violence, such as “sorcery”, committed to protect the rights to freedom of adultery and drug offences, frequently after expression, association and assembly; and to unfair trials. Some defendants, including ensure that its security forces maintain public foreign nationals facing murder charges, order without resorting to excessive use of alleged that they had been tortured or force. However, it rejected recommendations otherwise coerced or misled into making false to ratify the Second Optional Protocol to the confessions in pre-trial detention. ICCPR, aiming at the abolition of the death

Amnesty International Report 2014/15 317 penalty, despite having committed to ratify FREEDOM OF ASSEMBLY it in a meeting with Amnesty International Authorities prosecuted demonstrators in December 2013. Senegal also rejected who participated in or spoke out during recommendations to amend national demonstrations organized by political parties legislation to protect LGBTI people from and NGOs. discrimination, and claimed that there were Rapper Malal Talla, a leader of the Y’en a no cases of enforced disappearance in marre (We have had enough) movement, was Senegal despite repeated concerns raised arrested and detained for four days in June by Amnesty International about the fate of for denouncing police racketeering at a public dozens of disappeared Casamance people at gathering. He was charged with insulting the the hands of government forces. police, before being released after a judge The corruption trial of Karim Wade, a determined that the charges were unfounded. former minister and son of former President Abdoulaye Wade, and other defendants, RIGHTS OF LESBIAN, GAY, BISEXUAL, began in July. Karim Wade was charged with TRANSGENDER AND INTERSEX PEOPLE illicit acquisition of wealth and stood trial In February, police arrested four young men before the Court for the Repression of Illicit who had attacked five gay men in Rufisque, Acquisition of Wealth, which does not allow a town outside Dakar. Residents of the town for appeals after the verdict. marched in support of the accused, calling for their release. EXCESSIVE USE OF FORCE In January, in Oulampane, Casamance, high IMPUNITY school students demonstrated to call for more The trial of police officers implicated in the teachers. Military forces intervened using death in custody of Dominique Lopy in 2007 live ammunition, injuring four students. The was postponed from June to November 2014 Army Command condemned these actions at the request of the defendants’ lawyers. by military forces and announced that there The trial of two gendarmerie commanders would be accountability, although no concrete charged with killing demonstrators in two steps were taken and no investigation was separate incidents in 2011 and 2012 was still opened during the year. pending. They were released from detention Throughout August, students protested pending trial. against delays in paying scholarships at Cheikh-Anta-Diop University in Dakar and INTERNATIONAL JUSTICE there were repeated confrontations with Former Chadian President Hissène Habré security forces. Student Bassirou Faye died remained in custody awaiting trial before the after being shot in the head by police during Extraordinary African Chambers created by a demonstration. A police officer was arrested the AU in 2012 to try him in Senegal. On in October and charged with his murder. 30 June 2013 Hissène Habré was arrested, In September a convicted prisoner was and was charged on 2 July 2013 with crimes shot dead in Sinthiou Roudji, near the town against humanity, torture and war crimes of Kédougou. His sentence allowed him to committed in Chad between 1982 and 1990. work out of prison during the day and return In August the court rejected the Chadian to the prison facility at night. Upon failure to government’s request to be a civil party return, security forces were sent for him, and (partie civile) in the case. The court asked he was shot by a security officer, reportedly that Chad extradite certain key witnesses, while trying to flee. The Ministry of Justice but this request was refused. The court also committed to opening an investigation, and asked the AU to intervene in the matter. the officer was remanded in custody.

318 Amnesty International Report 2014/15 INTERNAL ARMED CONFLICT public sector salaries and state pensions and The conflict between the army and the restrictions on trade unions. Democratic Forces of Casamance Movement (MFDC) became less intense, and one MFDC INTERNATIONAL JUSTICE leader proclaimed a unilateral ceasefire In January, the Appeals Chamber at the in April. International Criminal Tribunal for the former Civilians continued to suffer from the Yugoslavia (ICTY) upheld the conviction of impact of ongoing conflict, which rendered Vlastimir Djordjević, former Serbian Assistant thousands unemployed or displaced from to the Minister of the Interior, for murder and their villages. At least seven men were killed persecution – including sexual assaults as by landmines in August. crimes against humanity – and the forced deportation of 800,000 Kosovo Albanians. His sentence was reduced on appeal, along with those of three other senior officials, Nikola Šainović, Sreten Lukić and Vladimir Lazarević. SERBIA Former military commander Nebojša Pavković’s 22-year sentence was affirmed. Republic of Serbia, including Kosovo Vojislav Šešelj, leader of the Serb Radical Head of state: Tomislav Nikolić Party, indicted in 2003 for war crimes and Head of government: Aleksandar Vučić (replaced crimes against humanity, including the forced Ivica Dačić in April) deportation and persecution of non-Serbs in Bosnia and Herzegovina, Croatia and Vojvodina, was granted provisional release in Progress was made in investigations into the November to receive treatment for cancer and unsolved murders of prominent journalists. returned to Serbia after 12 years in detention. Slow progress was made in the prosecution Domestic prosecutions were hampered of war crimes. The Belgrade Pride took by insufficient resources in the Office of place for the first time since being banned the War Crimes Prosecutor and inadequate in 2010. In Kosovo, a special court was police investigations.1 Five indictments were proposed to try former members of the published, and verdicts reached at first Kosovo Liberation Army (KLA) for the instance in only one case. abduction of Serbs in 1999. Violence in the The Head of the Witness Protection north of Kosovo, inter-ethnic attacks and Unit, which was alleged to have intimidated discrimination against minorities continued. protected witnesses, was dismissed in June, allegedly for corruption. Prosecutors, police BACKGROUND and witnesses received threats from war The Serbian Progressive Party took over the veterans while investigating the abduction of government in April. In May, severe flooding 19 civilians by Bosnian Serb paramilitaries left 51 dead and tens of thousands homeless. in Štrpci in 1992. Fifteen suspects were Before the opening of negotiations subsequently arrested in December, in a joint on accession to the EU, the European operation with the Bosnian authorities. Commission called for action plans on the An investigation started in August into rule of law and fundamental rights, and Major General Dragan Živanović’s command commitment to the “normalization” of responsibility for war crimes in Kosovo, relations with Kosovo. between 1 April and 15 May 1999, when The government adopted austerity he was commander of the 125th Motorized measures, as required by the International Brigade. He was suspected of failing to Monetary Fund, which included cuts to prevent “a campaign of terror against

Amnesty International Report 2014/15 319 Albanian civilians”, including murder, Roma settlements were disproportionately the destruction of houses, plunder and affected by flooding in May, and 31 Roma forced expulsion. (including 12 children), were denied access A new law proposed in December failed to to an emergency reception centre in Belgrade ensure adequate reparation for civilian victims and rehoused in a wartime shelter, without of war, including relatives of the missing and water or sanitation. victims of war crimes of sexual violence. The EU-funded construction of social housing for Roma forcibly evicted from ENFORCED DISAPPEARANCES Belvil informal settlement in 2012 was Despite the exhumation of the bodies of 53 delayed, even after resettlement sites were Kosovo Albanian civilians at Raška, where identified. Some 32 families chose instead they had been reburied in 1999, and further to be resettled in village houses, but over investigations at Batajnica, where over 800 100 other families remained in inadequate bodies were exhumed in 2000-2001, there metal containers. Another resettlement from was no progress in bringing to justice those Belvil, ahead of construction funded by the who organized the transfer of the bodies European Investment Bank, was delayed until from Kosovo. December, when 24 of the 50 families were resettled. Roma and others remained at risk FREEDOM OF EXPRESSION of forced eviction in advance of the planned The government tightened its hold on the demolition of their homes for the Belgrade media. Public comments critical of the Waterfront project. government's response to the May floods, Hate crimes were removed from government websites, and Threats and attacks against LGBTI rights critical individuals summoned for “informative defenders and organizations, including the talks” by police. The Pesčanik website was Gay-Straight Alliance, were not effectively taken down by denial-of-service attacks, after investigated, and the hate motive was seldom publishing allegations of plagiarism by the recognized and provisions for increased Minister of the Interior. sentencing in cases of hate crime were Investigations continued into the murders rarely invoked. of independent journalists, Dada Vujasinović, In March, a police anti-terrorist Slavko Ćuruvija and Milan Pantić, allegedly spokesperson urged football fans online to killed by state agents in 1994, 1999 and attack a vigil by the NGO Women in Black, 2001 respectively. Four suspects were marking the anniversary of the Kosovo war. charged with the murder of Slavko Ćuruvija, Prosecutors charged him with making threats including former national security chief, to security, rather than with gender-based Radomir Marković, previously convicted for discrimination, so the hate motivation was the 2000 assassination of former President not considered. In July, four members of the Ivan Stambolić. group were attacked and injured in Valjevo. In December, 11 foreign nationals and In October, after a drone bearing the supporters of the Falun Gong movement symbol of Greater Albania was flown over a were unlawfully detained after their proposed Serbia-Albania football match in Belgrade, at protest against the Chinese government was least 33 properties owned by Albanians were banned, and subsequently deported. attacked, mainly in Vojvodina.

DISCRIMINATION REFUGEES AND ASYLUM-SEEKERS Roma right to adequate housing Between January and October, 18,955 Roma organizations initiated a draft law on Serbian citizens applied for asylum in the EU, the legalization of informal Roma settlements. the majority of them believed to be Roma.

320 Amnesty International Report 2014/15 Around 13,000 migrants and refugees, parts of Mitrovica), international EULEX police including 8,000 Syrians, registered their fired rubber bullets at demonstrators. The intent to claim asylum in Serbia, although UN Mission in Kosovo (UNMIK) had banned most regarded Serbia as a transit country. their use after two men were killed in Pristina Only five applicants had received asylum in 2007. by mid-December in a refugee status Crimes under international law determination process which failed to follow In July, a Special Investigative Task Force, procedures set out in the Asylum Law. Border established by EULEX to investigate police reportedly pushed asylum-seekers and allegations against senior KLA members, migrants back to Macedonia. announced that unnamed individuals would be indicted for war crimes and crimes KOSOVO against humanity, including the unlawful Following parliamentary elections held in killing, abduction, illegal detention, crimes June, the Democratic Party of Kosovo, led of sexual violence against and forced by Hashim Thaçi, failed to gain a majority displacement of Kosovo Serbs and Albanian over a coalition of opposition parties, civilians, unlawfully transferred to Albania leading to a political impasse. In December, in 1999. Suspects will be indicted and tried a coalition government with Isa Mustafa by a special court, yet to be established, of the Democratic League of Kosovo as outside of Kosovo in order to ensure effective Prime Minister, was formed. Atifete Jahjaga witness protection. continued as President. From June, In October, two protected witnesses EU-brokered talks on the normalization of contradicted their original testimonies during relations with Serbia continued only at a the retrial of seven members of the former technical level. KLA “Drenica” group, charged with war The mandate of the EU-led Police and crimes against Albanians at Likovc/Likovac Justice Mission (EULEX) was extended until camp in 1998. June 2016. Under the new agreement, The retrial opened in September of Fatmir international judges no longer formed Limaj and nine others accused of the torture the majority on judicial panels in cases of and ill-treatment of Albanian civilians at the serious crimes. Klečka/Klecke camp in 1999. They had been The EU High Representative in November acquitted in September 2013, following the announced an independent inquiry suicide of a protected witness on which the into allegations of corruption against a prosecution case relied. EULEX judge. Kosovo Serb political leader Oliver Ivanović, Inter-ethnic violence arrested in January, was indicted in August Inter-ethnic tensions continued, particularly for incitement to commit war crimes in 1999, in the Serbian dominated north. Some and incitement to aggravated murder in Serbian politicians were prevented from February 2000. entering Kosovo, and Kosovo Serbs, including War crimes of sexual violence returnees to Klina/Klinë in February and In March, President Jahjaga launched October, were subject to attacks – including a national council for the survivors of arson – on their property, graveyards and wartime sexual violence, to encourage religious buildings, which intensified after the them to come forward to claim reparation, Serbia-Albania football match in October. including compensation, as set out in legal In June, after clashes between Kosovo amendments adopted by the Assembly later Police and Albanians demonstrating against in March. the closure of the bridge over the river Ibar In June, the Appeal Court overturned the (which divides the Serbian and Albanian acquittal of two Kosovo Serbs, and convicted

Amnesty International Report 2014/15 321 them of war crimes for the rape of a 16-year- discrimination, yet few measures for their old Albanian girl in April 1999. They were integration were implemented. Around 360 sentenced to 12 and 10 years’ imprisonment. families (1,700 individuals) had reportedly Enforced disappearances migrated from Kosovo by November, to seek Relatives of the disappeared protested asylum in Hungary. Plans to build housing against legal provisions ending their monthly for Roma in Hereq village, Gjakovë/Djakovica, compensation of €135 after the body of their were opposed by local residents. family member was found. By November, Refugees and asylum-seekers 1,655 people remained missing after the According to UNHCR, the UN refugee armed conflict. The remains of 53 Kosovo agency, 17,227 people – the majority of Albanians exhumed at Raška were returned them Kosovo Serbs – remained displaced to their relatives by October. after the armed conflict. By 30 November, UNMIK failed to provide reparation, only 404 members of minority communities including compensation, to the relatives of had voluntarily returned to Kosovo, where missing Kosovo Serbs, as recommended by conditions for their reintegration remained the Human Rights Advisory Panel. grossly inadequate. By October, 11,000 Freedom of expression people from Kosovo had applied for asylum Government and state agencies unduly in the EU. influenced the media through major contributions to their advertizing revenue. Attacks on investigative journalists continued. 1. Serbia: Ending impunity for crimes under international law (EUR Visar Duriqi, a journalist for the newspaper 70/012/2014) Express, received serious death threats www.amnesty.org/en/library/info/EUR70/012/2014/en after reporting on Islamic extremist groups. The Association of Professional Journalists expressed concerns that EULEX had put pressure on Koha Ditore journalist, Vehbi Kajtazi, who had reported alleged corruption SIERRA LEONE in EULEX. In May, the first march celebrating the Republic of Sierra Leone International Day against Homophobia and Head of state and government: Ernest Bai Koroma Transphobia took place without incident. Discrimination – hate crimes In March, three men were convicted and An outbreak of the Ebola virus disease killed given suspended sentences for “Violating the at least 2,758 people. A state of emergency Equal Status of Residents of Kosovo” for their was declared. Thousands suspected of part in an attack in 2012 on the launch of an committing crimes during the 11-year issue of “Kosovo 2.0” online magazine, on armed conflict in Sierra Leone have still not sexual orientation and identity. No one was been investigated. At least two complaints brought to justice for an attack on a Lesbian, of unlawful killings by the police occurred. Gay, Bisexual and Transgender centre the The increased use of criminal defamation following day; or for threats made in 2013 against journalists threatened freedom against women human rights defenders of expression. for supporting the law on reparations for rape survivors. BACKGROUND Discrimination – Roma In 2013, President Koroma launched Roma, Ashkali and Egyptians continued a review of Sierra Leone’s Constitution. to face widespread and systematic Civil society groups began civic education

322 Amnesty International Report 2014/15 programmes and engagement regarding DEATH PENALTY the review. However, these were delayed by Sierra Leone retained the death penalty the Ebola outbreak. International assistance for treason and aggravated robbery, and it was inadequate, although there was some remained mandatory for murder. In May, the improvement later in the year. Attorney General and Minister of Justice told the UN Committee against Torture that Sierra EBOLA OUTBREAK Leone will shortly abolish the death penalty Sierra Leone was severely affected by the and later clarified that it would be done Ebola epidemic that spread across West through a revision of the Criminal Procedure Africa. By 31 December 2014 there were Act. No further action had been taken by the 9,446 confirmed cases and at least 2,758 end of the year. people had died. The epidemic weakened fragile health care systems and more than ARBITRARY DETENTIONS 199 health workers were infected by 31 People were regularly detained beyond October. NGOs expressed concerns regarding constitutional time limits by the police. In food security, the disproportionate impact August 2013, 18 members of the Republic on women and the treatment of people in of Sierra Leone Armed Forces were detained quarantine. In July 2014, the President for allegedly plotting to mutiny at the Tekoh declared a state of emergency and passed barracks in Makeni. They were held in the Public Emergency Regulations 2014. incommunicado detention for eight months, By-laws for the Prevention of Ebola and Other in violation of constitutional detention time Diseases were also passed by the Ministry limits. Fourteen of them were indicted and of Local Government, including a ban on brought to trial, which was ongoing at the end public gatherings. of the year.

INTERNATIONAL JUSTICE POLICE AND SECURITY FORCES In 2013, the Special Court for Sierra Leone The government took steps to strengthen upheld the 50-year prison sentence of former accountability for the Sierra Leone Liberian President Charles Taylor for his role Police (SLP). The police instituted a new in Sierra Leone’s armed conflict, completing performance management system in 2013 the court’s mandate to try those bearing the and parliament approved regulations to greatest responsibility for crimes committed establish an Independent Police Complaints during the conflict. However, thousands Board. However, the government failed to suspected of committing crimes during the investigate and hold accountable police conflict have not been investigated and officers accused of using arbitrary or brought to justice. The issue of accountability excessive force. The government has not for human rights violations was highlighted prosecuted any police officers, despite the when the UN Panel of Experts on Liberia recommendation of independent inquiries uncovered the presence of alleged arms conducted into incidents of alleged unlawful dealer Ibrahim Bah, a Senegalese national, in killings. There were at least two allegations Sierra Leone in 2013. A private prosecution of unlawful killings by the police in 2014, was brought against him by victims of connected to police shootings in Kono in the conflict supported by a civil society response to a riot relating to a suspected organization, the Centre for Accountability Ebola case. and Rule of Law. Sierra Leone deported Ibrahim Bah to Senegal days before he was JUSTICE SYSTEM due to appear in court. The justice system still suffers from a lack of resources with constant adjournments,

Amnesty International Report 2014/15 323 indictment delays and a shortage of made assurances in 2014 that steps would magistrates, contributing to lengthy pre-trial be taken towards ratification. detention and prison overcrowding. Positive steps were taken to implement the Legal Aid FREEDOM OF EXPRESSION Act, passed in 2013, but the Legal Aid Board The increased use of criminal defamation is not yet operational. Steps were also taken against journalists threatened freedom of to redraft the Criminal Procedure Act 1965. expression. In July 2013 Jonathan Leigh, The Act was passed in 2014, managing editor of the Independent Observer reforming the 1960 Prison Rules, with a newspaper, was charged with four counts of greater focus on prisoner rehabilitation. defamatory libel after publishing an article In March 2014, the UN Human Rights accusing a businessman of corrupt and Committee reviewed Sierra Leone’s fraudulent behaviour. The case was eventually implementation of the ICCPR. It expressed resolved out of court. concerns regarding several issues such as In October 2013 Leigh and Bai Bai Sesay trial delays, prison conditions and police from the Independent Observer were charged accountability. with criminal defamation for publishing an article criticizing the President. The journalists WOMEN’S AND GIRLS’ RIGHTS pleaded guilty to conspiracy to publish a Sexual and gender-based violence remained a seditious article. They were cautioned and disturbingly frequent occurrence. The Sexual discharged in March 2014. Offences Act 2012 introduced improved The Human Rights Commission of Sierra definitions of, and stiffer penalties for, sexual Leone, the Sierra Leone Association of violence. However, more work is needed to Journalists and various civil society groups implement the provisions. recommended the repeal of the country’s In September 2013 the Deputy Minister criminal libel law. of Education, Science and Technology was In January 2014 David Tam Baryoh was fired following allegations of sexual assault arrested for seditious libel and released on and rape. During the trial, the media revealed bail. In May his radio programme Monologue the alleged victim’s name, in contravention was banned for two months following a of both the 2012 Act and the Media Code of government directive. He was arrested again Practice. The presiding magistrate accepted in November for comments made on his an application for protective measures to programme regarding the government’s be applied and subsequent witnesses were response to the Ebola outbreak. He was allowed to testify behind a screen. The detained for 11 days and released on bail. Independent Media Commission publicly In October 2013 the Right to Access condemned specific media houses and is Information Act was passed. It established a investigating complaints brought against right to access government information and them. The criminal case is still being heard. requires all parts of government to adopt The Gender Equality Bill, which provides and widely disseminate a plan for making for a minimum 30% representation of women records publicly available. The legislation also in Parliament, local councils and ministries, imposed a penalty for wilful obstruction of departments and agencies, was not enacted. its provisions. Sierra Leone has yet to ratify the Maputo Protocol (the Protocol to the African Charter RIGHTS OF LESBIAN, GAY, BISEXUAL, on Human and Peoples’ Rights on the Rights TRANSGENDER AND INTERSEX PEOPLE of Women in Africa). It is the only country The UN Human Rights Committee expressed in West Africa yet to do so. The Minister of concern about reported violence against Social Welfare, Gender and Children’s Affairs members of the LGBTI community and called

324 Amnesty International Report 2014/15 on Sierra Leone to review its legislation to In July, parliament amended the Radiation ensure that discrimination against the LGBTI Protection Act to allow for the imposition of community is prohibited. the death penalty for nuclear-related offences Three LGBTI activists were assaulted, sent with an intent to harm and that cause threatening messages and one of their homes fatalities. There were no nuclear facilities was repeatedly broken into in 2013. Despite in Singapore. reporting these incidents to the police, no credible investigations were initiated. TORTURE AND OTHER ILL-TREATMENT The harassment forced the activists to flee Caning remained a penalty for various Sierra Leone and they were granted asylum offences, including immigration violations, in Europe. vandalism and as an alternative (with life imprisonment) to the death penalty. In August, Yong Vui Kong, whose death sentence had been commuted to life imprisonment and caning, challenged his SINGAPORE penalty of 15 strokes on the grounds that the Constitution prohibited torture. The Court of Republic of Singapore Appeal judgment was pending at the end of Head of state: Tony Tan Keng Yam the year, but the Attorney-General took the Head of government: Lee Hsien Loong position that caning did not amount to torture and that torture is not prohibited by the Constitution. Human rights defenders and small opposition parties called for broader human FREEDOM OF EXPRESSION rights change through public gatherings, Opposition activists, former prisoners of online activities and constitutional conscience and human rights defenders challenges. The People’s Action Party expressed concerns about the shrinking remained in power for a sixth decade. space for public discussion of issues such as freedom of expression, the death penalty, DEATH PENALTY lesbian, gay, bisexual, transgender and The execution of one death row prisoner was intersex rights, labour rights, poverty and stayed in March, but Singapore broke its inadequate living standards. three-year moratorium on executions in July The government persisted in using when two men were hanged – a mandatory defamation suits against critics. In May the death sentence had been imposed under Prime Minister sued blogger Roy Ngerng the Misuse of Drugs Act (MDA) prior to the Yi Leng for defamation after Ngerng was November 2012 amendments abolishing alleged to have accused the Prime Minister some instances in which murder and drug of "criminal misappropriation" of public trafficking carry a mandatory death penalty. retirement funds in his blog. Despite a Commutations of death sentences to life retraction and a public apology, as well as an imprisonment with 15 strokes of the cane offer of damages, the Prime Minister called continued, following the November 2012 for a summary judgment on the case in July. legislative amendments. Some of those whose Ngerng was dismissed from his job with a sentences were commuted had been judged public hospital in June. In view of financially as having “diminished responsibility” and ruinous outcomes from previous suits against others had aided anti-drug trafficking efforts critics, Ngerng turned to crowdfunding to and obtained “certificates of cooperation”. finance his legal defence.

Amnesty International Report 2014/15 325 DETENTION WITHOUT TRIAL The Ministry planned to construct 15 such Around 12 suspected Islamist militants schools over the course of the year, several of remained held without trial under the Internal them in Roma settlements. In May, however, Security Act. the Plenipotentiary acknowledged that the project could result in increased segregation in education. As part of the UPR, Slovakia acknowledged the need for measures to legalize informal SLOVAKIA Roma settlements. The Ministry of Transport and Construction developed proposals for a Slovak Republic new Construction Act to address the issue Head of state: Andrej Kiska (replaced Ivan of “illegal constructions”, including informal Gašparovič in June) Roma settlements. In July, the OSCE Office Head of government: Robert Fico for Democratic Institutions and Human Rights expressed concern that the proposals lacked safeguards to protect residents of Roma children continued to face unauthorized buildings from forced evictions. discrimination in the education system. It emphasized that eviction decisions should The authorities extradited an asylum-seeker be subject to judicial review and that affected to the Russian Federation despite the risk residents had to have access to remedies and of torture and other ill-treatment upon compensation. return. A referendum on proposals, which Police violence would block further rights for same-sex In January, the Inspection of the Ministry partnerships, was declared constitutional. of Interior initiated a criminal investigation In November, two detainees from the into the excessive use of force during a detention facility at Guantánamo Bay were police operation in the Roma settlement transferred to Slovakia for resettlement. of Budulovská in the town of Moldava nad Slovakia had not ratified the Council of Bodvou on 19 June 2013. Earlier complaints Europe Convention on preventing and by affected residents had been dismissed. combating violence against women and The police operation was criticized by the domestic violence. Public Defender of Rights for having used excessive force, derogatory treatment and DISCRIMINATION – ROMA arbitrary searches. In June, during the UN Universal Periodic At the end of the year, the trial of police Review (UPR), Slovakia restated its officers, accused of the ill-treatment of six commitment to tackling the issue of large Roma boys at a police station in 2009 in the numbers of Roma children in schools for city of Košice, was still pending before the children with mental disabilities. However, district court. In March, one of the police in July the Slovak Public Defender of Rights officers, who was dismissed following the noted that Slovakia continued to violate allegations of ill-treatment, was reinstated. Roma children’s right to education through discriminatory diagnostic procedures. RIGHTS OF LESBIAN, GAY, BISEXUAL, The Ministry of Education persisted with TRANSGENDER AND INTERSEX PEOPLE plans developed together with the Office of On 4 June, the National Council (Parliament) the Plenipotentiary of the Government of the adopted a constitutional amendment which Slovak Republic for Roma communities to defined marriage as “a unique union between construct “modular schools” ostensibly with a man and a woman”. The amendment the aim of increasing access to education. explicitly excluded same-sex couples from

326 Amnesty International Report 2014/15 entering a marriage.1 It came into force on the assurances provided by the Prosecutor 1 September. General of the Russian Federation in In August, the organization “Alliance February 2011 were “specific and reliable”. for Family” delivered a petition signed by His extradition had previously been blocked 400,000 people to the President demanding by the European Court of Human Rights as a referendum that would ban any other well as the Slovak Constitutional Court on the form of partnership than a union between grounds that it would expose Aslan Yandiev a man and a woman from being defined to the risk of torture and other ill-treatment as “marriage”. They also demanded to ban and that his asylum application in Slovakia adoptions by same-sex couples, to deny was pending. legal recognition to any kind of partnership other than a “marriage between one man and one woman” and to prevent schools 1. Slovakia: The constitutional amendment defining marriage as from providing mandatory sexuality education the union between a man and a woman is discriminatory (EUR or information on ethical issues such as 72/001/2014) euthanasia, if the pupil or parent did not www.amnesty.org/en/library/info/EUR72/001/2014/en consent to such classes. In September, the 2. Slovakia: Further information: Anzor Chentiev extradited to Russia President requested the Constitutional Court (EUR 72/005/2014) to review the constitutionality of a referendum www.amnesty.org/en/library/info/EUR72/005/2014/en on the issues raised by the petition. The Court ruled in October, that, with the exception of the question on the legal recognition of different forms of “partnership”, all the other questions were constitutional. In November, SLOVENIA the President set the date for the referendum for February 2015. Republic of Slovenia Head of state: TORTURE AND OTHER ILL-TREATMENT Head of government: Miro Cerar (replaced Alenka Slovakia continued to return individuals to Bratušek in September) countries where they would risk torture and other ill-treatment. In July, Slovakia extradited Anzor Chentiev, The authorities failed to restore the status an ethnic Chechen, to the Russian Federation of people whose permanent residency was where he was wanted in connection with unlawfully revoked in 1992 or provide various terrorism-related offences. Anzor them with adequate compensation, Chentiev had been fighting against extradition perpetuating the longstanding violation of for nine years. The Ministry of Justice their rights. Discrimination against Roma approved the extradition despite the risk that remained widespread. he would be subjected to torture or other ill-treatment on his return and the fact that DISCRIMINATION – THE “ERASED” Anzor Chentiev had reapplied for asylum in Despite some positive measures, the Slovakia on 3 June.2 authorities failed to guarantee the rights of In August, the Supreme Court rejected some former permanent residents of Slovenia Aslan Yandiev’s appeal against the decision originating from other former Yugoslav of the Regional Court in Trnava allowing , known as the “erased”, whose legal his extradition to the Russian Federation, status was unlawfully revoked in 1992. where he was accused of membership of an The 2010 Legal Status Act, which offered armed group. The Court was satisfied that an avenue for the erased to restore their

Amnesty International Report 2014/15 327 legal status, expired in July 2013. About Principle of Equality had just one employee: 12,000 of the 25,671 “erased” had had their the Advocate himself. status restored by this date. In December Throughout the year approximately 250 2013, legislation was adopted creating a Roma living in the Škocjan-Dobruška vas compensation scheme for those whose settlement remained at risk of forced eviction. status had been regulated. The scheme The settlement, part of which was designated provided €50 for each month spent without for the development of an industrial zone in legal status. 2013, had been home to the Roma families On 12 March 2014 the European Court for many years. Following public pressure of Human Rights, in Kurić and Others and the intervention of the national authorities v. Slovenia, ordered Slovenia to pay the and Roma civil society, the municipality applicants between €30,000 and €70,000 for agreed in August 2014 to relocate two Roma pecuniary damages. The judgment followed families at imminent risk of forced eviction as a ruling by the Grand Chamber in 2012, development work commenced. However, no which established that the right to respect for further plans were consulted with residents private and family life, the right to effective who remained at risk of losing their homes. legal remedy and the right to be free from discrimination had been violated, and ordered FREEDOM OF EXPRESSION the payment of non-pecuniary damages also. The trial of journalist Anuška Delić for These sums were far greater than the sums publishing classified information began in payable to recipients of compensation under October and was ongoing by the end of the the December 2013 scheme. year. The charges related to articles she published alleging links between members of DISCRIMINATION – ROMA the Slovenian Democratic Party and the far- Despite a number of initiatives in recent years right group Blood and Honour. The Slovenian to improve the situation of the approximately Intelligence and Security Agency (SOVA) 10,000 Roma in Slovenia, the majority claimed subsequently that some of the continued to face discrimination and social information in her reports had been leaked exclusion. Most lived in isolated, segregated from its files. The Slovenian criminal code settlements, lacking security of tenure and does not provide for a public interest defence. access to basic services such as water, electricity, sanitation and public transport. Widespread discrimination prevented Roma families from buying or renting housing outside of mainly Roma-populated areas, SOMALIA and they continued to face obstacles, including prejudice, in accessing social Federal Republic of Somalia housing. Discrimination against Roma in the Head of state: Hassan Sheikh Mohamud labour market remained commonplace and Head of government: Abdiweli Sheikh Ahmed unemployment levels among Roma were Head of Republic: Ahmed Mohamed extremely high. Mahamoud Silyano State institutions created to combat and consider complaints of discrimination, such as the Human Rights Ombudsman and Armed conflict continued between pro- the Advocate of the Principle of Equality, government forces, the African Union had weak mandates and remained poorly Mission in Somalia (AMISOM) and resourced. The office of the Advocate of the the Islamist armed group al-Shabaab in southern and central Somalia. Pro-

328 Amnesty International Report 2014/15 government forces continued an offensive Somalia’s humanitarian situation to take control of key towns. Over a hundred deteriorated rapidly due to the ongoing thousand civilians were killed, injured or conflict, drought and reduced humanitarian displaced by armed conflict and generalized access with conditions as bad or worse than violence during the year. All parties to before the 2011 famine. A s of September, a the conflict were responsible for serious bout 42% of the population were in crisis or violations of human rights and humanitarian needed assistance. law, including AMISOM. Armed groups Somalia faced political crisis, too. Prime continued to forcibly recruit people, Minister Abdi Farah Shirdon Saaid resigned including children, and to abduct, torture in December 2013 following a parliamentary and unlawfully kill people; rape and other vote of no confidence. In January a new, forms of sexual violence were widespread. larger C abinet was appointed consisting Aid agencies’ access remained constrained of 25 ministers, with two council members by fighting, insecurity and restrictions retained from the previous administration. imposed by parties to the conflict. In May, MPs called for President Mohamud Journalists and media workers were attacked to resign. In November, following clashes and harassed. One journalist was killed. between President Hassan and the incoming Perpetrators of serious human rights abuses Prime Minister, a proposal for a second continued to enjoy impunity. parliamentary vote of no confidence against the Prime Minister was put on hold due to BACKGROUND the possibility of violence between opposing The Somali Federal Government (SFG) members of parliament. Plans for revising and AMISOM remained in control of the and implementing the constitution and capital, Mogadishu. A joint offensive by the the proposed federalization plan remained Somali National Armed Forces (SNAF) and pending, leading to increases in clan-based AMISOM sought to flush out al-Shabaab conflict and abuses. operatives from areas of south and central In June 2013, the UN Assistance Mission Somalia with some success. However, in Somalia (UNSOM) was established, which al-Shabaab maintained control of much of included a human rights monitoring and south and central Somalia. Armed clashes reporting mandate. and al-Shabaab attacks against civilians In September, a US drone strike increased, particularly in contested areas. killed Ahmed Abdi Godane, the leader Increased abuses of international law were of al-Shabaab. Internal divisions within witnessed throughout the course of the al-Shabaab during 2013 had resulted in offensive, allegedly caused by all parties to scores of deaths and the execution of key the conflict. leaders of the movement, allowing Godane The partial lifting of the arms embargo to consolidate his power. A new leader and on Somalia in 2013 appeared to contribute known hardliner, ‘Abu Ubaidah’, was quickly to abuses against civilians into 2014. announced. Retaliatory attacks took place, In February, the UN Monitoring Group including a suicide attack a week after highlighted continuous violations of Somalia’s Godane’s death, which killed at least 12 arms embargoes, reporting the diversion of people, including four Americans. arms intended for use by non-government armed forces, including al-Shabaab. ABUSES BY ARMED GROUPS International support for government security Indiscriminate attacks forces, allied militias and AMISOM continued, Civilians continued to be killed and wounded despite lack of accountability for ongoing, indiscriminately in crossfire during armed serious human rights abuses. clashes; in suicide attacks and in attacks

Amnesty International Report 2014/15 329 involving improvised explosive devices (IEDs) Unlawful killings, extortion, arbitrary and grenades. 2014 saw an increase in such arrests and rape continued to be carried out attacks as well as on high profile targets. by government forces and aligned militia, Al-Shabaab retained the ability to stage lethal in part as a result of poor discipline and attacks in the most heavily guarded parts lack of command control. On 25 August, of Mogadishu, killing or injuring hundreds an SNAF soldier reportedly shot and killed of civilians. Two deadly attacks took place a minibus driver in Afar-Irdood area, Xamar at Villa Somalia during the year, following a Weyne District, after the driver refused to pay number of such attacks in 2013. In August, a extortion money. complex attack was carried out on a national security detention facility, killing two civilians. CHILD SOLDIERS At least 10 people were killed in an attack on Children continued to suffer grave abuses by parliament in May. Government and AMISOM all parties to the armed conflict. Al-Shabaab offensives led to increases in abuses by all continued to target children for recruitment parties to the conflict. Air strikes continued to and forced marriage, and attacked schools. be carried out. Government-affiliated militias were again Direct targeting of civilians accused of recruiting and using child soldiers. Civilians remained at risk of targeted attacks Implementation of the two action plans and killings in Mogadishu. During Ramadan signed by the government in 2012 to end in July, recorded assassination attempts and prevent the recruitment and use of child reached their highest level since al-Shabaab soldiers, as well as the killing and maiming lost control of most parts of Mogadishu in of children, was outstanding and children 2010. On 27 July, a businessman was shot remained in the armed forces. The Minister and killed by unknown armed men in his of Defence and Minister of National Security shop in Bakara market. On 23 September, a signed standard operating procedures for woman was shot and killed in Heliwa district. handling children formerly associated with She had worked as a cook for SNAF forces armed groups. in Mogadishu. The SFG had not ratified the Convention Al-Shabaab factions continued to torture on the Rights of the Child and its Optional and unlawfully kill people they accused Protocols by the end of the year, despite its of spying or not conforming to their strict commitments to ratify the conventions. interpretation of Islamic law. They killed people in public, including by stoning, and INTERNALLY DISPLACED PEOPLE, carried out amputations and floggings. They ASYLUM-SEEKERS AND REFUGEES continued to impose restrictive behavioural Over 1 million people in Somalia were in codes on women and men. On 27 September, crisis and an additional 2.1 million people a woman was allegedly stoned to death were in need of assistance. For the first in Barawe, a town in Lower Shabelle, time since the 2011 famine, food security on suspicion of marrying more than one began deteriorating rapidly. Insecurity and husband. She was reportedly buried up to fighting reportedly caused over 60% of new her neck and stoned to death by hooded men displacement in 2014. Trade routes were in front of a crowd. On 2 June, according heavily disrupted due to the SNAF and to reports, al-Shabaab executed three men AMISOM military offensives; al-Shabaab accused of being spies for the SFG and the blocked supply routes, causing major Kenyan and US governments. The men were disruption to the work of humanitarian executed by firing squad in a park in Barawe organizations trying to access towns. This in front of a gathering of several hundred led to sharp increases in food prices. These people.1

330 Amnesty International Report 2014/15 issues combined placed Somalia at significant Mohamoud and Shabelle newscaster Ahmed risk of sliding back into a state of emergency. Abdia Hassan were brought before the court In Mogadishu, tens of thousands of people on two charges relating to incitement to were forcibly evicted from government and disturbance of public order and to commit private property. Many of them moved to the offences. Both rejected the charges and outskirts of Mogadishu, including the Afgooye were released on bail, while Shabelle’s Editor corridor, where there was little security Mohamed Bashir Hashi and Mohamud provision or access to services. There were Mohamed Dahir were not brought to the reports of increases in rape and other forms hearing. In June, a restrictive media bill was of sexual violence against women and girls in submitted to Cabinet proposing to curtail these areas. An IDP policy framework drafted media rights. In September, the National in April was not adopted. Intelligence and Security Agency (NISA) There were over 900,000 Somali refugees issued a ban on national media coverage of in the region, particularly in Ethiopia and all al-Shabaab activities. Al-Shabaab imposed Kenya. Plans by the Kenyan authorities to severe restrictions on media freedom and return Somalis continued despite serious banned the internet in areas under its control. human rights violations, including the Little progress was made in addressing forced return of 359 people and forcible impunity for the murder of journalists, despite encampment of thousands of others. Other a government taskforce established for that states hosting Somali asylum-seekers and purpose in 2012. People suspected of killing refugees, including some EU states, began journalists continued to enjoy impunity. Of attempts to return failed Somali asylum- more than twenty journalists murdered since seekers to Mogadishu on the grounds that 2005, only two prosecutions had resulted they no longer needed protection due to an in convictions by the end of the year. In apparent improvement in security there. March 2013, a military court convicted Adan Sheikh Abdi Sheikha Hussein for the FREEDOM OF EXPRESSION murder of Hassan Yusuf Absuge in 2012, and – JOURNALISTS sentenced him to death in a trial that did not Somali journalists and media workers meet due process standards. A firing squad continued to be attacked, harassed and executed Adan in August 2013. intimidated. On 21 June, Yusuf Ahmed Abukar was killed on his way to work when DEATH PENALTY a bomb attached to his car exploded. Yusuf Somalia continued to use the death penalty reported for the privately owned Mustaqbal despite its support for the 2012 UN General radio station, in Mogadishu and a Nairobi- Assembly resolution on the moratorium of the based radio station, Ergo. The Prime Minister death penalty. Many executions were carried stated that the attack was being investigated, out by the military court, often involving however Amnesty International was not aware members of Somali armed opposition groups of any progress in the case by year’s end. such as al-Shabaab, government soldiers and Media freedom continued to be curtailed, people convicted of murder. journalists were arrested and media houses Executions were often carried out rapidly, closed down. In August, broadcasters after proceedings falling short of international Radio Shabelle and Sky FM were closed fair trial standards, while there was an down and 19 of their journalists and media apparent spike in executions throughout the workers arrested, including Abdimaalik Yusuf year. On 3 April, a man was executed by Mohamoud, the owner of Radio Shabelle, firing squad in Kismayo nine days after he and Mohamud Mohamed Dahir, the director allegedly murdered an elder. It was unclear of Sky FM. On 21 October, Abdimaalik Yusuf which, if any, court found had him guilty. On

Amnesty International Report 2014/15 331 30 July, Somalia’s military court sentenced nine provinces, but with a reduced national three men to death for alleged membership majority of 62.15%. A new political party, of al-Shabaab. Four days later, pictures were the Economic Freedom Fighters, gained circulated on twitter allegedly showing their 6.35% of the vote and with the established bodies. On 30 August, Somalia’s military opposition Democratic Alliance increased court found alleged al-Shabaab members Ali pressure on the ANC government in the Bashir Osman and Abdulahi Sharif Osman national parliament for greater transparency guilty of killing the journalist Timacade in and accountability. 2013 and sentenced them to death. The two Access to anti-retroviral treatment men were executed on 26 October by public for people living with HIV continued to firing squad. expand, with 2.5 million South Africans on treatment according to official figures at July 2014. As a result, life expectancy in South 1. Forced returns to south and central Somalia, including to al-Shabaab Africa increased. areas: A blatant violation of international law (AFR 52/005/2014) www.amnesty.org/en/library/info/AFR52/005/2014/en EXCESSIVE USE OF FORCE The Marikana Commission of Inquiry into the fatal police shootings of 34 striking platinum mine workers at Marikana in August 2012 ended its public hearings on 14 November. SOUTH AFRICA Closing arguments were heard from legal parties representing the police, mining Republic of South Africa unions, LONMIN plc, the families of the 34 Head of state and government: Jacob G. Zuma striking mine workers killed by police and the families of seven other people – three non-striking workers, two police officers Judicial commissions of inquiry highlighted and two LONMIN security guards – who police use of excessive force, including were killed during the developing conflict. unlawful killings, and failures in delivery The Commissioners were due to report of services to poor communities. Incidents their conclusions and recommendations to of property destruction and displacement President Zuma in 2015. of refugees and asylum-seekers continued There were indications that the police to occur. Access to treatment for people attempted to conceal and destroy evidence living with HIV continued to expand and and to fabricate a version of events intended HIV treatment interventions for pregnant to mislead the official inquiry from the start. women contributed to a decline in maternal A crucial meeting held by police officials on deaths. However, key discriminatory the evening of 15 August 2012 endorsed barriers continued to delay women and the decision to forcibly disarm, disperse and girls' access to antenatal care. Progress was arrest the striking mine workers by the end made in addressing hate crimes based on of the following day. Senior police officials, the victims’ sexual orientation or gender most particularly the National Commissioner identity. Human rights defenders faced of Police, persistently failed to co-operate intimidation and threats. with the Commission’s inquiries about the meeting. The decision to disarm the striking BACKGROUND miners was taken despite the anticipation of Following the general elections in May the loss of life and injury. It led to the deployment ruling African National Congress (ANC) party of “tactical units” armed with lethal force, the was returned to power in eight out of the firing of over 600 rounds of live ammunition

332 Amnesty International Report 2014/15 by police at two separate locations, and to under the Prevention of Organized Crime 34 deaths. The fatal injuries were nearly all Act was arbitrary and offended the principle sustained to the head or upper body.1 of legality. While ruling that the decisions to Other evidence before the Commission prosecute charges under the Act should be indicated that those involved in the decision set aside, High Court judge Trevor Gorven failed to plan for adequate emergency emphasized that the ruling did not preclude medical assistance to be available. the NDPP from reinstituting the charges on a proper basis in future. CORPORATE ACCOUNTABILITY Evidence before the Marikana Commission TORTURE AND OTHER ILL-TREATMENT on labour relations and socioeconomic Allegations of torture against members of the conditions underlying the August 2012 strike South African Police Service (SAPS) and the was curtailed due to pressure to complete the Department of Correctional Services were Commission’s work. However, LONMIN was rife. Towards the end of the year the SAPS scrutinized in the final months, in respect Legal Services issued a National Instruction of its failures to take adequate measures to all SAPS members informing them of to protect the lives of its security staff the absolute prohibition of torture and their and employees, and its failure to fulfil the obligations under the 2013 Prevention and company’s socioeconomic obligations linked Combating of Torture of Persons Act. to its mining lease in Marikana. On 30 October, the Constitutional Court On 20 August, the state withdrew all dismissed the appeal brought by the SAPS charges, including possession of dangerous National Commissioner who had refused to weapons and involvement in an illegal investigate complaints of torture contained gathering, against 270 strikers arrested at in a 2008 “dossier” by the Zimbabwe Exiles’ the scene of the police shootings on 16 Forum and the Southern African Human August 2012. Rights Litigation Centre. The Constitutional Court concluded that the SAPS had both the EXTRAJUDICIAL EXECUTIONS power and the duty to investigate the alleged The start of the trial of 27 police officers, the complaints, which amounted to crimes majority of whom are members of the Cato against humanity. Manor Organized Crime Unit (CMU), on 28 counts of murder and other charges, was DEATH PENALTY further delayed following their appearance In September the North Gauteng High Court in the Durban High Court on 23 June, and ruled that the deportation to Botswana of postponed until February 2015. The police Edwin Samotse, a Botswana national, by officers faced criminal charges in connection Department of Home Affairs (DHA) officials with, among others, the death of Bongani was unlawful and unconstitutional. Edwin Mkhize. In May, the Pietermaritzburg High Samotse faced criminal charges in Botswana Court ruled that the Minister of Police was for which the death sentence was applicable. liable to pay damages to the family of Bongani The South African authorities had not Mkhize, who had been killed by members of obtained the requisite undertaking from the the CMU and the National Intervention Unit in Botswana authorities to ensure that the death February 2009. sentence would not be imposed. The Court In February 2014, the High Court had ruled ordered the DHA to implement measures to that the decisions taken by the then National prevent a recurrence of similar deportations. Director of Public Prosecutions (NDPP) to prosecute the former CMU commander Johan Booysen on seven charges of racketeering

Amnesty International Report 2014/15 333 REFUGEES AND ASYLUM-SEEKERS 2013, were remanded in prison in Pretoria During the year there were numerous until the trial began 17 months later. The incidents involving threats and violence presiding judge ordered an investigation into against refugees, asylum-seekers and allegations by the accused of ill-treatment, migrants, with looting or destruction of including prolonged periods of isolation in hundreds of their small businesses and remand prison. homes. In the first four months of the year incidents in seven provinces led to the MATERNAL HEALTH AND HIV displacement of over 1,600 people. In HIV-infection continued to be the main June, sustained attacks in the Mamelodi cause of death of women and girls during area near Pretoria and the slow response of pregnancy and shortly after birth, accounting the police led to the looting or destruction for over 40% of deaths. Government data of some 76 Somali-owned shops, large- reported that 60% of all maternal deaths scale displacements, the death of one were potentially avoidable. HIV prevalence refugee and injuries to 10 others.2 There rates nationally for pregnant women of 29.5% was continuing concern at the failure of the remained a serious concern, with health government to protect the life and physical districts in Mpumalanga and KwaZulu-Natal integrity of refugees and others in need of provinces showing rates of over 40%. New international protection. national figures published in 2014 reported In September, the Supreme Court of that almost a quarter of all new HIV infections Appeal (SCA) overturned a High Court were occurring in girls and young women ruling which had allowed in effect the forced between 15 and 24 years. closure of refugee-operated small businesses In July, the Health Minister expressed by police and municipal authorities under concern that girls under 18 years of age what was known as Operation Hard Stick. accounted for 7.8% of all live births but 36% These closures had been accompanied by of maternal deaths. Department of Health ill-treatment, abuses, displacement and figures indicated that the maternal mortality destitution. The SCA ruled that both formally ratio had declined from 310 to 269 maternal recognized refugees and asylum-seekers deaths for every 100,000 live births. were entitled to apply for trading licences, In July, the government announced that particularly where the latter faced long delays access to free and lifelong anti-retroviral in the final determination of their application treatment would be available for all pregnant for asylum. women living with HIV from January 2015. In In November, charges were withdrawn in August, the government launched a mobile the North Gauteng High Court against 15 of phone messaging service, “Mom Connect”, the 20 Congolese men who had been on trial to provide pregnant women and girls with on charges of contravening South Africa’s information during pregnancy. Regulation of Foreign Military Assistance However, barriers to accessing maternal Act. They had also faced a second charge, health services continued. Pregnant women conspiracy to commit murder, with the and girls accessed antenatal care late in their alleged targets including the President pregnancies and such delays were linked of the Democratic Republic of the Congo to nearly a quarter of avoidable maternal (DRC), Joseph Kabila, and military and other deaths in South Africa. Women and girls government officials. Five defendants, all said that they delayed accessing antenatal originally from the DRC, remained on trial care in part because of concerns that health in the High Court on the same charges, facilities did not ensure confidentiality and with the trial due to resume in January informed consent, particularly in relation 2015. All 20, when arrested in February to implementation of HIV testing. They

334 Amnesty International Report 2014/15 also cited a lack of access to information, on Human and Peoples’ Rights, urging states negative attitudes by health care workers to end all acts of violence and abuse because and unreliable or costly transport to health of real or perceived sexual orientation or facilities as barriers to early access. Poverty gender identity. was an exacerbating factor.3 HUMAN RIGHTS DEFENDERS RIGHTS OF LESBIAN, GAY, BISEXUAL, Harassment of human rights defenders TRANSGENDER AND INTERSEX PEOPLE and organizations, and improper pressure Discriminatory violence against LGBTI people on institutions, including oversight bodies, continued to cause concern and fear. In remained a major concern. The Office of 2013 and 2014, at least five people, three of the Public Protector and its Director, Thuli them lesbian women, were murdered in what Madonsela, faced sustained pressure appeared to be targeted violence related to amounting to intimidation by members of the their sexual orientation or gender identity. government in connection with the oversight There was some progress made in body’s investigation and report on the addressing hate crimes through the revival improper use of public funds by the President of the National Task Team process and at his home in KwaZulu-Natal Province. establishment of a Rapid Response Team At the end of the year, criminal trial by Department of Justice and Constitutional proceedings had not concluded against Development officials, Constitutional a Social Justice Coalition (SJC) founder Development officials, and others. In member, Angy Peter, and three others. The February, the Rapid Response Team SJC, including Angy Peter, had gathered reported progress in 19 out of 43 previously evidence in 2012 to support a call for a “unresolved” cases identified as suspected commission of inquiry into police corruption anti-LGBTI violence. and their failure to provide proper services Civil society representatives and to the poor community of Khayelitsha. The Department of Justice officials also held judicial Commission of Inquiry, which was discussions on a draft hate crimes policy established in August 2012, finally began document, intended to assist the drafting its hearings in February 2014, and issued of legislation on hate crimes. There was no its report in August. The hearings had been further progress with the legislation by the delayed for over a year until the Constitutional end of the year. Court ruled finally in 2013 against the In November, the Johannesburg High Court then Minister of Police and the National convicted a man of the rape and murder in Commissioner of Police who had opposed 2013 of a lesbian woman, Duduzile Zozo. its establishment. The Commission’s report Judge Tshifhiwa Maumela issued a strong confirmed many of the concerns documented condemnation of the discriminatory attitudes by SJC. which fuelled such crimes.4 Health rights activists came under At the end of the year, preliminary trial increasing pressure, particularly in Free State proceedings had begun against a suspect province. Members of the Treatment Action charged with the murder of 21-year-old David Campaign (TAC) were reportedly threatened Olyn, who was beaten and burned to death and intimidated by ANC ruling party in March, apparently because of his sexual provincial officials and anonymous callers orientation. However, civil society monitors because of their work for people living with expressed concern at limitations in the police HIV and against corruption. Sello Mokhalipi, investigation. then Free State Provincial Chairperson of South Africa supported the adoption in May TAC, temporarily went into hiding and later of Resolution 275 by the African Commission lodged criminal charges with the police in

Amnesty International Report 2014/15 335 early 2014, following alleged death threats. countries. An estimated 4 million people TAC Free State Provincial Co-ordinator, were at a high risk of food insecurity, Machobane Morake, was also allegedly with the UN repeatedly warning of a subjected to threats and intimidation. In deepening humanitarian crisis and potential July, the two men and a third TAC colleague famine should fighting continue. Despite were alleged victims of an attempted night a cessation of hostilities agreement in ambush on a remote road. At the time, they January 2014 and continuous efforts by the were supporting 127 Free State community Intergovernmental Authority on Development health workers and TAC activists who had (IGAD) to negotiate a political solution to been arrested during a peaceful vigil at the conflict, fighting continued throughout the offices of the Free State Department of 2014. The conflict was characterized by Health. Those arrested were held in police a total disregard for international human stations in Bloemfontein for 36 hours before rights and humanitarian law and there was appearing in court where they were charged no accountability for abuses committed in with participating in an illegal gathering. After the context of the conflict. two further remand hearings, their case was postponed to January 2015. BACKGROUND On 15 December 2013, a political dispute within South Sudan’s ruling party, the Sudan 1. South Africa: Unlawful force and the pattern of concealment: Barriers People’s Liberation Movement (SPLM), to accountability for the killings at Marikana (AFR 53/004/2014) escalated into an armed confrontation in www.amnesty.org/en/library/info/AFR53/004/2014/en Juba between forces loyal to President Kiir 2. South Africa: Government and police failing to protect Somali and those loyal to former Vice-President refugees from deadly attacks (News story) Riek Machar. By the end of 2013, violence www.amnesty.org/en/news/south-africa-government-and-police- had spread to Jonglei, Unity and Upper failing-protect-somali-refugees-deadly-attacks-2014-06-12 Nile states. 3. Struggle for maternal health: Access barriers to antenatal care in IGAD, an eight-country East African South Africa (AFR 53/006/2014) regional organization, began mediating www.amnesty.org/en/library/info/AFR53/006/2014/en between the government of South Sudan 4. South Africa: Court’s judgment a positive step forward against hate and the Sudan People’s Liberation Army/ crime (AFR 53/008/2014) Movement in Opposition (SPLA/M-IO) in www.amnesty.org/en/documents/AFR53/008/2014/en/ January 2014. The parties signed a cessation of hostilities agreement on 23 January, but it was violated almost as soon as it was signed. The parties subsequently recommitted to the cessation of hostilities on 5 May and signed SOUTH SUDAN an agreement to resolve the crisis on 9 May, but fighting continued. Republic of South Sudan In June, participation in the IGAD Head of state and government: Salva Kiir Mayardit negotiations was broadened to include other stakeholder groups. This included several SPLM leaders who were detained in The internal armed conflict that erupted in December, accused of participating in an South Sudan in December 2013 resulted attempted coup. Seven were released at the in tens of thousands of deaths and the end of January while four others stood trial destruction of entire towns. Approximately for treason, but were released at the end of 1.4 million people were internally displaced April after the government dropped charges and another 500,000 fled to neighbouring against them. Delegates from civil society,

336 Amnesty International Report 2014/15 political parties and faith-based groups also Movement (JEM) fighting on behalf of the participated in the talks. government, also committed violations of IGAD continued its efforts to reach a international humanitarian law. political settlement. On 8 November, IGAD In the days following the outbreak of heads of state issued a resolution granting violence in Juba, government soldiers the warring parties 15 days to consult with targeted and killed people based on ethnicity their constituencies on the structure of a and assumed political affiliation. Hundreds transitional government. The resolution of Nuer civilians and government soldiers recommitted the parties to end all hostilities, who had been captured and disarmed or and provided that further violations of the otherwise placed hors de combat were cessation of hostilities agreement would result executed, mainly by Dinka members of the in asset freezes, travel bans and an arms armed forces. Many Nuer were killed in or embargo. IGAD leaders further authorized near their homes. Some men were picked up the IGAD region to intervene directly in South at home or in the street, taken away and later Sudan to protect life and restore peace. killed in other locations. In one incident, over On 24 December 2013, the UN Security 300 people were killed in a police building Council approved an increase in the military in Gudele. strength of the UN Mission in South Sudan Parties to the conflict attacked civilians (UNMISS) to 12,500 troops and an increase sheltering in hospitals and places of worship. in the mission’s police force to a maximum For example, after government forces re-took of 1,323 personnel. In May 2014, the control of Bor town on 18 January, the bodies Security Council revised the mandate of of 18 women, all of them Dinka, were found UNMISS to focus on protection of civilians, in and around the compound of St Andrew’s monitoring and investigating human rights, Cathedral. They were believed to have been creating the conditions for the delivery of victims of an attack by opposition forces. The humanitarian assistance, and supporting remains of 15 men and women were found at the implementation of the cessation of Bor hospital. When opposition forces attacked hostilities agreement. Malakal for the third time in mid-February, A Commission of Inquiry was established they targeted Malakal Teaching Hospital, by the AU in March 2014, but its final report where civilians had previously found safe had not yet been publicly released by the shelter. They shot dead a number of people. end of the year. The AU Peace and Security Conflict-related sexual violence was Council (PSC) repeatedly condemned the widespread. This included cases of gang killing of civilians and violations of the 23 rape, of pregnant women being cut open and January cessation of hostilities agreement of women being raped using wooden sticks by both parties to the conflict. The AU or plastic bottles.1 At least four girls staying PSC also indicated its readiness, upon at Christ the King Church in Malakal were recommendation by IGAD, to take targeted abducted by opposition forces on the night of sanctions and other measures against any 25 February and raped nearby. party that undermined the search for a Government and opposition forces solution to the conflict. burned down homes, damaged and destroyed medical facilities and looted public INTERNAL ARMED CONFLICT institutions and private property as well as Both government and opposition forces food stores and humanitarian aid. Looting demonstrated a disregard for international and destruction left Bor, Bentiu, Malakal and humanitarian law. Other armed groups, many other towns destroyed. including the opposition-allied White Army and the Sudanese Justice and Equality

Amnesty International Report 2014/15 337 UNICEF estimated that parties to the confiscated all 3,000 copies of The Citizen conflict had recruited approximately 9,000 newspaper on the morning of 7 July. children to serve in armed forces and groups. On 1 August, Deng Athuai Mawiir, acting Civilians were injured, abducted and killed chairperson of the South Sudan Civil Society within or in the immediate vicinity of UN Alliance and a member of the civil society bases. On 19 December, approximately 2,000 delegation to the IGAD-brokered peace armed youths surrounded the UNMISS base negotiations, was shot in the thigh by an in Akobo, Jonglei state, and opened fire, unknown gunman. While the perpetrator and killing two peacekeepers and an estimated motive for the attack remained unknown, 20 civilians who had sought refuge there. On this incident contributed to a climate of fear 17 April, there was an armed assault on the among civil society activists, journalists and UNMISS base in Bor during which more than human rights defenders.2 50 internally displaced people were killed. Obstruction of humanitarian assistance JUSTICE SYSTEM significantly impeded civilians’ access to The criminal justice system routinely failed life-saving assistance. Parties to the conflict to ensure accountability for perpetrators of also attacked UN and humanitarian workers. human rights abuses due to weaknesses in Members of the Mabanese Defense Force, the criminal justice system. These included a government-allied militia, killed five inadequate technical capacity in investigatory humanitarian workers of Nuer ethnicity in methods, a lack of forensic experts, August. The whereabouts of two Nuer UN interference or resistance by security services employees abducted in October by forces of and the government and a lack of victim the government-allied Shilluk militia leader support and witness protection programmes. Johnson Olony remained unknown. In The justice system also failed to guarantee September, a UNMISS helicopter was shot due process and fair trials. Common human down, killing three of its crew members. rights violations included arbitrary arrest and detention, prolonged pre-trial detention and FREEDOM OF EXPRESSION the failure to ensure the right of an accused The authorities, especially the National person to legal counsel. Security Service (NSS), harassed and Two UNMISS employees were arrested by intimidated journalists and human rights the NSS in Wau in August and transported to defenders. The NSS summoned journalists Juba. They remained in detention at the NSS for questioning, arbitrarily detained journalists headquarters at the end of the year. They and ordered a number of journalists to leave had not been charged or brought before a the country. competent legal authority. In March, the NSS ordered the Almajhar The internal armed conflict exacerbated Alsayasy Arabic language newspaper to cease pre-existing problems in the justice system, publication because of its description of the particularly in Jonglei, Unity and Upper genesis of the conflict and for interviewing Nile states. The capacity of the police and politicians critical of the government. judiciary to enforce the law was undermined In June, NSS officers contacted the editors by militarization and the defection of many of several newspapers and instructed them police officers. Representatives of the to stop publishing articles discussing the judiciary and the Ministry of Justice left these federal system of government. On 2 July, NSS states following the outbreak of violence and officers went to the offices of Juba Monitor had not returned to their posts by the end and seized copies of the paper because of 2014. it contained two opinion pieces about federalism. Around 15 armed NSS officers

338 Amnesty International Report 2014/15 LACK OF ACCOUNTABILITY LEGAL DEVELOPMENTS The government did not conduct prompt, South Sudan was not party to any core thorough, impartial and independent international or regional human rights treaties. investigations with a view to prosecuting and Although parliament voted to ratify several holding accountable individuals suspected treaties and President Kiir signed their of crimes under international law and serious instruments of accession, the government violations of human rights. failed to formally deposit instruments of President Kiir established a committee to accession with the AU or the UN. The investigate human rights abuses allegedly treaties were: the African Charter on Human committed during an attempted coup on and Peoples’ Rights; the AU Convention 15 December 2013. The committee’s eight Governing the Specific Aspects of Refugee members were selected by the President’s Problems in Africa; the UN Convention on Office, its activities were funded by the the Rights of the Child; the UN Convention presidency and it was mandated to report against Torture; and the UN Convention on directly to the President. No report, or update the Elimination of All Forms of Discrimination on its findings, was made public by the end against Women. of the year. A National Security Service Bill was passed The SPLA set up two investigation by Parliament on 8 October and was awaiting committees at the end of December 2013. presidential assent in December 2014. The In February 2014, the SPLA announced Bill grants the NSS broad powers, including that approximately 100 individuals had been the power to arrest and detain, without arrested as a result of investigations. However, adequate provisions for independent oversight they all escaped on 5 March during a or safeguards against abuse. National and gunfight among soldiers at the Giyada military international human rights advocates as well barracks in Juba, where they were detained. as a number of members of Parliament called In November, the SPLA announced that two for President Kiir to refuse assent and to individuals had been rearrested for their return the Bill to parliament for revisions.3 role in violations committed in December. A draft Non-Governmental Organizations No information was made public about their Bill was being considered by Parliament, identity or the charges against them. which would restrict the right to freedom of On 30 December 2013, the AU PSC association. The Bill would make registration called for the establishment of an AU compulsory, prohibit NGOs from operating Commission of Inquiry into human rights without being registered, and criminalize violations and abuses committed during the voluntary activities carried out without a armed conflict in South Sudan. Its mandate registration certificate. included recommending measures to ensure The national legal framework failed accountability and reconciliation. Members to define and sanction crimes under of the Commission, chaired by the former international law, including crimes against president of Nigeria, Olusegun Obasanjo, humanity and genocide. It also failed to were sworn in by March 2014. In its June define or criminalize torture. In addition, it interim report, the Commission of Inquiry failed to provide for command or superior said it was not yet in a position to determine responsibility as a mode of liability for crimes whether crimes under international law under international law. had been committed. The Commission of Inquiry submitted its final report to the AU Commission in October, but it had not been 1. Nowhere safe: Civilians under attack in South Sudan (AFR publicly released by the end of the year. 65/003/2014) www.amnesty.org/en/documents/afr65/003/2014/en/

Amnesty International Report 2014/15 339 2. South Sudan: Investigate shooting of civil society leader (AFR who participated declared their support for 65/008/2014) independence. www.amnesty.org/en/documents/AFR65/008/2014/en/ No violent attacks by the Basque Euskadi 3. Comments on the 8 October Draft Security Bill (AFR 65/013/2014) Ta Askatasuna (ETA) were reported during www.amnesty.org/en/documents/AFR65/013/2014/en/ the year, after ETA announced the end of its armed struggle in 2011.

FREEDOM OF ASSEMBLY Throughout the year, hundreds of individuals SPAIN were detained and fined for participating in spontaneous and mostly peaceful Kingdom of Spain demonstrations of more than 20 people. Head of state: King Felipe VI de Borbón (replaced The law regulating the right to freedom of King Juan Carlos I de Borbón in June) assembly failed to recognize the right to hold Prime Minister: Mariano Rajoy spontaneous demonstrations. By the end of the year, bills to amend both the Criminal Code and the Law on the Throughout the year thousands of Protection of Public Safety were still under demonstrations were organized to protest discussion in Parliament. If approved, they against austerity measures imposed by the would further restrict the exercise of freedoms government. Reports of abuses by police of assembly and expression. The draft Law against demonstrators continued. Thousands on the Protection of Public Safety, if adopted, of migrants, including asylum-seekers would introduce 21 additional offences, and refugees, some fleeing from Syria, including the unauthorized dissemination attempted to irregularly enter the Spanish of images that might put a police operation enclave cities of Ceuta and Melilla from at risk. It would also allow for the imposition Morocco. Reports of unlawful deportations of fines on the organizers of peaceful and excessive use of force by Spanish spontaneous protests and those showing a border guards persisted. lack of respect for law enforcement officers.

BACKGROUND EXCESSIVE USE OF FORCE Spain ratified the UN Arms Trade Treaty in Excessive force was frequently used by April, and in August became the first country law enforcement officers to disperse and to update its regulations on arms transfers detain protesters. to include the “Golden Rule” prohibiting In April, the Parliament of the transfer of arms where there was a real banned the use of rubber balls by Catalan risk that they would contribute to human police. In previous years, several peaceful rights violations. demonstrators were severely injured as The teaching of human rights ceased a result of police firing rubber balls to to be obligatory in primary and secondary disperse crowds. education following amendments to the In June, the Public Prosecutor requested Education Act adopted in December 2013. the closure of the investigation into allegations On 9 November, the government of of police abuses made by 26 participants in Catalonia held an informal consultation on the “Surround Congress” rally in September the political future of Catalonia, in defiance 2012. A judicial decision on the closure of of a Constitutional Court ruling ordering the the case was still pending at the end of 2014. consultation’s suspension. 80% of those In the course of the rally, unidentified police officers beat peaceful demonstrators with

340 Amnesty International Report 2014/15 batons, fired rubber bullets, and threatened buildings in the city of Lleida was unlawful, journalists covering the events. similar legislation was introduced or proposed In September, the investigating judge in in several municipalities during 2014. In the case of Ester Quintana formally decided July, the Catalan government announced its to prosecute two law enforcement officers for intention to ban the wearing of full-face veils causing her serious bodily harm. She lost her in public, but legislation to this effect had not left eye after being struck by a rubber ball been adopted by the end of the year. fired by police officers at a demonstration in Barcelona in November 2012. VIOLENCE AGAINST WOMEN According to the Ministry of Health, Social COUNTER-TERROR AND SECURITY Policy and Equality, 45 women were killed Spain continued to decline to implement by their partners or former partners during recommendations of international the year. human rights bodies to abolish the use In August, the CEDAW Committee found of incommunicado detention for those that Spain had violated its obligations suspected of terrorism-related offences. under the CEDAW Convention by failing to By January at least 63 members of ETA protect Angela González and her daughter had been released following a ruling by the Andrea from domestic violence. Andrea was European Court of Human Rights in 2013 in murdered by her father in 2003. Despite the case of Del Rio Prada v. Spain that the more than 30 complaints, and repeated Spanish Supreme Court’s “Parot Doctrine” requests for protection, the courts had on serious crimes violated the rights to liberty authorized unsupervised visits between and to no punishment without law. In a Angela González’ former partner and Andrea. reversal of earlier jurisprudence, a Supreme Statistics published during the year Court ruling in 2006 effectively excluded the revealed a sharp decline in the rate of possibility of early release for those sentenced prosecutions of reported incidents of gender- to consecutive terms of imprisonment on based violence since the entry into force multiple counts. of the Law on Comprehensive Protection Measures against Gender-based Violence in DISCRIMINATION 2005. The number of cases closed for lack of Law enforcement officers continued to carry evidence by the specialized court for gender out identity checks on the basis of racial violence had increased by 158% between or ethnic characteristics. The draft Law on 2005 and 2013, prompting unheeded calls the Protection of Public Safety contained a for a review of the effectiveness of both the provision requiring identity checks to respect Law and the specialized court . the principle of non-discrimination. During the year, data on hate crimes was REFUGEES' AND MIGRANTS’ RIGHTS made public by the Ministry of Interior for the Unlawful treatment of migrants, refugees first time. According to the Ministry, 1,172 and asylum-seekers, including their unlawful hate crimes were registered in 2013, most on deportation to Morocco, and unnecessary or the grounds of sexual orientation and identity excessive use of force by law enforcement and ethnicity. However, a protocol on the officials, were reported in the Spanish identification and registration of discriminatory enclaves of Ceuta and Melilla throughout the incidents by law enforcement officers was not year. By the end of the year, more than 1,500 introduced. Not all regional security forces Syrian refugees were waiting to be transferred provided data on hate crimes. to the mainland from the enclaves. In Despite a 2013 Supreme Court ruling that October, the Popular Party Parliamentary the banning of full-face veils in municipal Group tabled an amendment to the draft

Amnesty International Report 2014/15 341 Law on Public Security that would legalize reparation and guarantees of non-recurrence summary expulsions to Morocco from Ceuta in July. and Melilla. In February a group of around 250 IMPUNITY migrants, refugees and asylum-seekers The rights to truth, justice and reparation originating from Sub-Saharan Africa for victims of crimes committed during attempted to swim across the sea border the Civil War (1936 to 1939) and under between Morocco and Ceuta. Officials from Francisco Franco’s rule (1939 to 1975) the Civil Guard employed anti-riot equipment, continued to be denied. Spanish authorities including rubber balls, blanks and smoke, failed to adequately assist the Argentine to stop them. Fifteen people drowned. A judiciary, which has been exercising universal judicial investigation was ongoing at the end jurisdiction to investigate crimes under of the year. international law committed during the Hundreds of thousands of irregular Franco era. migrants continued to have their access In July, the UN Working Group on to health care limited as a result of Enforced or Involuntary Disappearances the implementation of Royal Decree urged the Spanish authorities to strengthen Law 16/2012. With some exceptions, efforts to establish the fate and whereabouts undocumented migrants had to pay to receive of persons disappeared during the health care, including primary health care. In Franco era. November, the Council of Europe European Committee of Social Rights highlighted that SEXUAL AND REPRODUCTIVE RIGHTS Royal Decree Law 16/2012 contravened the In September the government withdrew a European Social Charter. draft bill, approved in December 2013, which By the end of the year, the authorities would have introduced a series of obstacles granted international protection to 1,205 to accessing a safe and legal abortion and people. Only 255 were granted refugee status. possibly increased the number of women Despite the government’s announcement in and girls resorting to dangerous, clandestine December 2013 that it would resettle 130 abortion procedures. However, the Syrian refugees, by the end of 2014 none had government reaffirmed its intention to reform been resettled. existing legislation and require parental consent for girls between 16 and 18 years of CRIMES UNDER INTERNATIONAL LAW age wishing to access a legal abortion. The definitions of enforced disappearance and torture in Spanish legislation continued to fall short of international human rights standards. Amendments to legislation governing SRI LANKA universal jurisdiction in Spain that entered into force on 14 March limited the powers Democratic Socialist Republic of Sri Lanka of Spanish authorities to investigate crimes Head of state and government: Mahinda Rajapaksa under international law, including genocide, enforced disappearance, crimes against humanity and torture, committed outside Unlawful detentions and torture by security Spain. The reforms were criticized by the UN forces were carried out with impunity Working Group on Enforced or Involuntary as the authorities continued to rely on Disappearances and the UN Special the Prevention of Terrorism Act to arrest Rapporteur on the promotion of truth, justice, and detain suspects without charge or

342 Amnesty International Report 2014/15 trial. Human rights defenders and family EXCESSIVE USE OF FORCE members of people subjected to enforced Unnecessary and excessive use of force, disappearance were threatened and causing the deaths of demonstrators, arrested, and fatal attacks on religious continued to be reported and to go minorities went unpunished. Systematic unpunished. In May, four army officers impunity for alleged war crimes and crimes suspended in the wake of an internal inquiry against humanity led the UN Human Rights into the shooting and killing of demonstrators Council in March to pass a resolution in a 2013 protest against pollution of the calling for a comprehensive investigation water supply in Weliweriya were reinstated to be undertaken by the UN Office of the and assigned to new posts. One victim in this High Commissioner for Human Rights incident was reportedly beaten to death while – a move the government opposed and sheltering in a church. The army’s report on refused to co-operate with. Human rights the shooting was not made public. defenders received threats of reprisals by government officials and supporters if they DEATHS IN CUSTODY were suspected of contacting investigators In June, the Friday Forum, an informal or otherwise advocating human rights citizens’ group, called on the Inspector accountability. Political violence and General of Police to take action against the intimidation – mainly against political killings of criminal suspects while in police opposition supporters and civil society custody. Police often claimed that the activists – were reported in the run-up to suspects were killed in self-defence or while the snap presidential election called for trying to escape. The Bar Association of Sri January 2015. Lanka also condemned the killing of suspects in police custody. In late 2013, four men who ARBITRARY ARRESTS AND DETENTIONS had been arrested for the alleged murder of Tamils suspected of links to the Liberation a police constable and his wife died under Tigers of Tamil Eelam (LTTE) continued to be suspicious circumstances in custody within arrested and detained under the Prevention a two-week period. The Bar Association of Terrorism Act (PTA) instead of ordinary released a statement in December 2013 criminal law. The PTA permits extended expressing concern that the police administrative detention, and shifts the explanations were virtually identical to those burden of proof to a detainee alleging torture of past cases and that the deaths appeared to or other ill-treatment. It also restricts freedoms be extrajudicial executions. of expression and association and has been used to detain critics. ENFORCED DISAPPEARANCES The ad hoc Presidential Commission to TORTURE AND OTHER ILL-TREATMENT Investigate into Complaints Regarding Missing Torture and other ill-treatment of detainees Persons (the Disappearances Commission) – including sexual violence – remained was appointed in August 2013 to examine widespread in Sri Lanka, especially at the complaints between 10 June 1990 and 19 moment of apprehension and during early May 2009. It received some 15,000 civilian stages of pre-trial detention. Victims reported complaints as well as about 5,000 cases of torture of both adult and juvenile detainees; missing armed forces personnel. By August these included individuals arrested in the 2014, the Commission had reportedly begun context of security operations as well as inquiries into less than 5% of these cases, suspects in ordinary criminal cases. or 462 complaints. Some complaints, which the Commission said were being analyzed for

Amnesty International Report 2014/15 343 further investigation, were potentially over a individuals suspected of “internationalizing” decade old. these issues through association with foreign colleagues were detained. Women activists IMPUNITY in northern Sri Lanka were questioned and Serious violations of international law arrested: significantly, Balendran Jeyakumari, committed during the armed conflict, whose son was the victim of an alleged including enforced disappearances, enforced disappearance, remained held extrajudicial executions and the intentional since her arbitrary detention under the PTA shelling of civilians and protected areas in March. Prominent human rights defenders such as hospitals, remain unaddressed. Ruki Fernando and Father Praveen Mahesan The government continued to deny that faced continued restrictions imposed by the such violations occurred until 15 July when courts after they were arrested for attempting it announced that it was expanding its to investigate her case.1 Disappearances Commission to investigate other alleged crimes under international FREEDOMS OF EXPRESSION, law. A panel of international lawyers was PEACEFUL ASSEMBLY, appointed to advise the government. ASSOCIATION AND MOVEMENT There were continuing reports of intimidation REFUGEES AND ASYLUM-SEEKERS and harassment of journalists by state Sri Lanka detained and forcefully deported officials, including physical attacks, death asylum-seekers without adequately assessing threats and politically motivated charges. their asylum claims, including individuals Perpetrators acted with impunity in these who were registered with UNHCR, the UN cases; none of the incidents were adequately refugee agency, and were awaiting interviews. investigated, and those suspected of criminal Authorities arrested and detained 328 conduct were not prosecuted. Impunity also asylum-seekers between June and mid- persisted for older cases of violence against September, and deported 183 of them to journalists, including for unlawful killings and Pakistan and Afghanistan. UNHCR said in enforced disappearances. September that it believed there were still On 18 May, the fifth anniversary of the more than 100 people of concern to them in end of Sri Lanka’s armed conflict, the military detention, including 38 Pakistani nationals sealed the offices of Uthayan, a Jaffna-based and 64 Afghan nationals. Many belonged newspaper. The newspaper and its employees to minority religious groups which were had faced previous forced closures, threats subject to discrimination and violence in their and violent attacks. home countries. Civil society organizations also came under pressure. On 1 July, the Ministry of HUMAN RIGHTS DEFENDERS Defence issued a memorandum to “all non- Authorities continued to threaten, harass and governmental organizations” warning them to arrest human rights defenders, including stop holding press conferences, workshops lawyers, family members of the disappeared and journalists’ trainings, or disseminating and other activists. None of the incidents press releases. known to Amnesty International were Students in many parts of the country were effectively investigated, and no prosecutions violently attacked, and there were repeated were initiated. People calling for accountability efforts by the authorities to prevent them from for past and current human rights violations, organizing, including by prohibiting student including human rights defenders attempting unions and suspending student activists. to communicate concerns to the UN, were In October, travel restrictions were harassed and threatened. In some instances, reimposed requiring foreign travellers to the

344 Amnesty International Report 2014/15 Northern Province to obtain clearance from in Tamil communities of northern Sri Lanka the Ministry of Defence. around key dates and the army’s requirement In December, election monitors recorded that all public gatherings, including family dozens of reports of political violence, events, be reported to local military authorities including attacks on political rallies, assaults discouraged participation in these activities. and arson damage, most perpetrated by Police failed to protect religious minorities members of the ruling party. when they faced violence by communal forces, and did not arrest perpetrators JUSTICE SYSTEM of such violence, even when there was The independence of judicial institutions in photographic evidence to identify them. Sri Lanka was compromised by the removal Threats, harassment and violence against of checks and balances protecting the Muslims, Christians and their places of separation of powers. The 18th amendment worship escalated in 2014 when large-scale to the Constitution, passed in 2010, gave the violence in a Muslim neighbourhood in June President the power to appoint and remove: in Aluthgama resulted in deaths and injuries the Chief Justice and judges of the Supreme among residents and the destruction of Court; the President and judges of the Court homes and businesses. of Appeal; the Attorney General and members of the Judicial Service Commission, which is the body responsible for appointments, 1. Activists in northern Sri Lanka at risk (ASA 37/006/2014) transfers, dismissals and disciplinary control www.amnesty.org/en/library/info/ASA37/006/2014/en of judicial officers. In 2013, after the Supreme Court ruled against the government in several important cases, the Chief Justice was impeached by Parliament and then removed from office by the President, SUDAN despite a Supreme Court decision that the impeachment was unconstitutional. Republic of the Sudan Head of state and government: Omar Hassan DISCRIMINATION – ATTACKS Ahmad al-Bashir ON MINORITIES Discrimination against ethnic, linguistic and religious minorities, including members of Freedoms of expression, association and Tamil, Muslim and Christian communities, assembly were severely curtailed, with continued. Minorities were singled out crackdowns on the media, public dialogue for arbitrary restrictions on freedoms and demonstrations. The armed conflicts in of expression and association. Tamils, Darfur, South Kordofan and Blue Nile states particularly those from the north of the continued to cause mass displacement and country, were harassed, threatened and civilian casualties; human rights abuses arrested by security forces which suspected were perpetrated by all parties to the them of sympathy or links with the LTTE, conflicts. The government armed forces were based largely on their ethnicity and place of responsible for the destruction of civilian origin or residence. buildings including schools, hospitals and The army and police actively suppressed clinics in the conflict areas, and hindered the rights of northern Tamils to advocate for humanitarian access to civilians displaced justice publicly or to commemorate or mourn and otherwise affected by the ongoing those killed in the armed conflict. Hindu and hostilities. Christian religious observance was restricted

Amnesty International Report 2014/15 345 BACKGROUND FREEDOM OF EXPRESSION In January, President Omar al-Bashir The authorities increased restrictions on announced plans to achieve peace in Sudan freedoms of expression, association and and protect constitutional rights through a assembly throughout the country, in what “national dialogue”, open to participation by appeared to be a concerted effort to shut all parties and even armed movements. He down independent dialogue. The government followed this up in April with a promise to continued to use the National Intelligence release all political detainees. Despite this and Security Services (NISS) and other announcement, restrictions on freedoms security forces to arbitrarily detain perceived of expression, association and assembly opponents of the ruling National Congress prevailed, hindering meaningful attempts at Party, to censor media and to shut down a national dialogue. The national dialogue public forums and protests. The arbitrary ceased following the arrest of Al-Sadiq detention of activists, human rights defenders Al-Mahdi, leader of the National Umma and political opposition figures continued Party, over his statements about the Rapid unabated. These restrictions severely Support Forces (RSF) pro-government militia, undermined the activities of civil society and whom he accused of committing crimes prevented meaningful public consultation against civilians. on Sudan’s new Constitution, which the In August, the National Umma Party and government declared would be based on the Sudan Revolutionary Front signed the Shari’a law. Paris Declaration, a joint statement calling Newspapers continued to be subject to for widespread reform in Sudan. The two closure and censorship for printing material parties declared that they would boycott perceived as being critical of the ruling future general elections unless a transitional National Congress Party. Journalists received government was first put in place to “provide threats from the NISS, which also seized public freedoms” and end the ongoing entire print runs, causing large financial conflicts in Sudan’s Darfur, Blue Nile and losses for newspapers. Eighteen newspapers South Kordofan states. The ruling National repeatedly had their editions confiscated Congress Party refused to recognize the Paris between January and September. By the end Declaration. of the year, the authorities had confiscated The conflicts in Darfur, Southern Kordofan newspapers 52 times. Al Jareeda newspaper, and Blue Nile states continued unabated. an independent daily publication, was Violations of human rights and international arbitrarily confiscated by the NISS on 24 humanitarian law perpetrated by government September. Al Jareeda had been suspended forces and pro-government militias against by the NISS 11 times by the end of the year. civilians continued throughout the year in Al Siha, another newspaper, was suspended these three areas, and spread to Northern indefinitely by the NISS on 6 June. Kordofan. In Darfur, the government The government also lifted the ban on three continued in its failure to protect civilians from newspapers. On 29 January, the government abuses during a surge in fighting between lifted a two-year ban onRay al-Shaab predominantly ethnic Arab groups over land newspaper, affiliated to the Popular Congress and other natural resources, in which pro- Party. A two-year suspension againstAl government militia participated. Tayar newspaper was lifted on 5 March. The government was preparing for national The suspension of Al Midan newspaper elections in 2015. imposed on 3 May 2012 was lifted on 6 March. Al Midan is affiliated to the Sudanese Communist Party.

346 Amnesty International Report 2014/15 Taj Aldeen Arjaa, a 23-year-old Darfuri On 2 July, UN Secretary-General Ban activist and blogger, was released from prison Ki-moon announced a review of investigations on 11 May. He was arrested by the NISS in and reviews into UNAMID performance that Khartoum on 26 December 2013 after he had been carried out over the previous two verbally criticized President Omar al-Bashir years. This review, which was concluded and the President of Chad, Idriss Deby, at in October, was announced in response to a joint press conference. He was reportedly allegations that UNAMID staff had covered tortured while in prison. up human rights abuses in Darfur. The review did not find any evidence to support ARMED CONFLICT the allegations. However, it found that Darfur UNAMID had a tendency to under-report Widespread human rights abuses continued and maintained media silence in incidents throughout Darfur. Civilians were displaced involving human rights violations. in large numbers as a result of violence South Kordofan and Blue Nile between warring communities and attacks The armed conflict between government by government-allied militias and armed forces and the Sudan People’s Liberation opposition groups. Army-North (SPLA-North) continued in In late February the government deployed South Kordofan and Blue Nile states, with the RSF in Darfur. The RSF drew many of its indiscriminate attacks by both parties. recruits from the former Janjaweed militias Sudanese forces employed indiscriminate that in previous years were responsible for aerial bombardment and shelling on civilian serious human rights violations, including villages. They also employed proxy forces unlawful killings and rape. The RSF destroyed in ground assaults, including the RSF. scores of villages, causing a significant These proxy forces also perpetrated human increase in displacement and civilian deaths. rights abuses. Between January and July an estimated Many of the more than 1 million people 388,000 people were displaced in Darfur, displaced in the three-year conflict remained in addition to the 2 million displaced since in Sudan. More than 200,000 were living in the conflict in Darfur began in 2003. Many refugee camps in South Sudan or Ethiopia. of those internally displaced were in remote On 14 April, the government publicly areas where they received little or no launched its “Decisive Summer” military humanitarian assistance and were vulnerable operation to “end all rebellion” in South to attacks, abduction and sexual violence. Kordofan, Blue Nile and Darfur. From On 22 March, the Khor Abeche camp for the onset of the operation, the Sudanese internally displaced persons in South Darfur Armed Forces carried out sustained aerial was attacked by a group of armed men who bombardments in and around Kauda, a major looted and burned the camp to the ground. town in Heiban County, as well as aerial The government continued to restrict bombardments and shelling in Um Dorein access to areas of Darfur affected by conflict and Delami counties, destroying schools, to the AU, the United Nations Mission clinics, hospitals and other civilian buildings in Darfur (UNAMID) and humanitarian and forcing people to flee their homes. organizations. In February, the International Sudan continued to obstruct humanitarian Committee of the Red Cross’ main activities access to areas controlled by the SPLA-North. were suspended, while other organizations, Both parties to the conflict failed to meet their such as the French development organization obligation to facilitate humanitarian access. Agence d’Aide à la Coopération Technique et au Développement (ACTED), had their offices shut down.

Amnesty International Report 2014/15 347 FREEDOM OF ASSEMBLY Three high-profile political leaders were Amid the calls for national dialogue and arrested either for expressing their political political accommodation, Sudan continued to opinion or for participating in peaceful restrict the legitimate activities of opposition political activities. On 17 May, Al Sadiq political parties and civil society. On 8 al-Mahdi, the former prime minister and March, NISS prevented some 30 civil society leader of the opposition National Umma Party organizations from celebrating International (NUP), was arrested after he accused the Women’s Day in Khartoum. RSF of committing violations and abusing On 11 March, economics student Ali civilians. He was released without charge Abakar Musa died from gunshot wounds on 15 June. On 8 June, the leader of the sustained when security services opened Sudanese Congress Party, Ibrahim Al Sheikh fire during a demonstration at the University Abdel Rahman, was arrested in Nuhud, of Khartoum. The demonstration took place North Kordofan following his criticism of the immediately after the conclusion of a public RSF. He was released without charge on forum organized by the Darfur Students’ 15 September. Mariam Al Sadiq al-Mahdi, Association concerning escalating violence in deputy leader of NUP, was arrested in South Darfur. Students marched to the main Khartoum on 11 August after attending talks university gate, where they were met by the in Paris, France, between the NUP and the police, NISS and student militias. The security Sudan Revolutionary Front; she was released services fired tear gas, rubber bullets and live without charge a month later. ammunition at the students. In an attempt to stop a series of events On 15 March, the authorities banned the organized to commemorate the deaths of National Consensus Forces – a coalition protesters in September 2013, the NISS pre- of 17 opposition political parties – from emptively arrested over 70 political activists holding a public event in Khartoum North between 17 and 23 September, invoking and deployed hundreds of security agents its powers of “preventive detention”. Those to cancel the event. On 1 May, the Political arrested were released without charge in Parties Affairs Council – a government body early October. – rejected the Republican Party application Former detainees reported they were for registration; the Republican Party was tortured and otherwise ill-treated while considered heretical for its progressive views in detention. on Islam. The founder of the party, Mahmoud Mohammed Taha, was executed for apostasy FREEDOM OF ASSOCIATION in 1985. On 23 June, the Ministry of Justice cancelled On 29 May, 13 June and 17 August, the the registration licence of the Salmmah authorities refused to allow political and civil Women's Resource Centre, a leading society activists to submit memorandums women's rights organization in Sudan, and highlighting human rights violations by the confiscated their assets. government to the Sudan National Human Rights Commission office in Khartoum. On 28 August, security forces forcibly prevented protesters from demanding the release of women political prisoners in front of Omdurman women's prison. The security services arrested 16 women activists and used tear gas and batons to disperse the protesters.

348 Amnesty International Report 2014/15 the death penalty and raise the maximum SURINAME prison sentence from 20 to 30 years. Suriname had not carried out any executions Republic of Suriname since 1982. Head of state and government: Desiré Delano Bouterse

The trial of President Bouterse and 24 SWAZILAND others accused of the extrajudicial killing of 15 political opponents in 1982 failed Kingdom of Swaziland to restart. Steps were taken towards the Head of state: King Mswati III abolition of the death penalty. Head of government: Barnabas Sibusiso Dlamini

IMPUNITY Following a request by the accused, Edgar The crisis in the rule of law and judicial Ritfeld, in 2013 the Court of Justice ordered independence deepened. The rights to the resumption of Edgar Ritfeld’s trial in freedom of expression, association and a military court in January 2014. Edgar assembly continued to be violated. Unfair Ritfeld, who claims he is innocent, is one trials resulted in imprisonment for reasons of 25 people accused of the extrajudicial of opinion and conscience. executions of 15 opponents of the then military government in December 1982. The BACKGROUND trial had been halted since 2012 following In November Swaziland lost its preferential an amendment to the 1992 amnesty law trade agreement under the African Growth granting immunity for the alleged torture and Opportunity Act (AGOA) with the USA and extrajudicial executions committed in after the government failed to take reform December 1982. The 25 accused, including measures, which it had voluntarily undertaken current President Desiré Delano “Dési” to do in 2013, to address restrictions on Bouterse, who was the country’s military freedoms of association, assembly and leader at the time of the killings, were put on expression. The benchmarks included trial before a military court in November 2007 amending the Suppression of Terrorism for the killings. Act, the Public Order Act and the Industrial Although the Court of Justice decided that Relations Act. The loss of preferential access the case of Edgar Ritfeld should resume, to the US market for textiles led to almost the military court decided in October not to immediate factory closures. resume the trial of the 24 others, including the trial of President Bouterse. LEGAL DEVELOPMENTS In August, families of the 15 people The rule of law, access to effective remedies killed in December 1982 filed a case and protection of human rights continued to before the Inter-American Commission on deteriorate as a consequence of the further Human Rights. undermining of judicial independence.

DEATH PENALTY FREEDOM OF ASSOCIATION In May, the Minister for Justice and Police The Trade Union Congress of Swaziland announced an amendment, yet to be (TUCOSWA) remained effectively banned for presented to Parliament, to the ongoing a third year, with arbitrary arrests conducted reform of the Criminal Code aiming to abolish

Amnesty International Report 2014/15 349 against activists for wearing TUCOSWA arrest them were defective. The Chief Justice T-shirts or for attempting to hold meetings. immediately lodged an appeal against this ruling, the two men were rearrested and the FREEDOM OF EXPRESSION trial against them began under High Court Journalists, lawyers, independent- judge Mpendulo Simelane. The judge had minded judges, trade union officials and a clear conflict of interest in the matter as parliamentarians were threatened with he was named in one of the cited articles violence, arrest, prosecution or other forms of and intervened as a factual witness during pressure as a consequence of their advocacy the course of the trial. When sentencing the for human rights, respect for the rule of law or defendants, Judge Simelane criticized their for political reforms. “disgusting conduct”, for running a “defiance campaign” against the administration of UNFAIR TRIALS justice with “scurrilous” articles and, in There was an upsurge in politically motivated respect of Thulani Maseko, for “pursuing trials and the use of laws which violate the regime change”. An appeal was lodged by principle of legality to suppress dissent. the two men and The Nation against the On 25 July Bheki Makhubu, editor of the convictions and sentences. monthly news magazine The Nation, and In May, the Supreme Court overturned human rights lawyer Thulani Maseko were Bheki Makhubu’s previous conviction in 2013 sentenced by the High Court to two years in for one of two charges against him arising prison for contempt of court after a grossly from an earlier article in The Nation on the unfair trial.1 The two men were sentenced importance of the judiciary in entrenching following their conviction on 17 July on two respect for the Constitution and improving counts of contempt of court. In addition, The the lives of the people. The Supreme Nation, a small independent publication, and Court upheld the conviction on the second Swaziland Independent Publishers were fined charge arising from an article concerning 50,000 emalangeni (US$4,273) for each of the conduct of the country’s powerful Chief the two counts, with the total payable within Justice, but overturned the sentence of two one month. years’ imprisonment if the editor failed to In March the two men were arrested after pay a fine equivalent to nearly US$45,000 The Nation published their articles raising within three days. The Supreme Court judges concerns about judicial independence substituted a fine equivalent of US$3,000 and political accountability in Swaziland. and a suspended sentence of three months’ The warrant used to arrest them, issued imprisonment conditional on not being by Swaziland’s Chief Justice Michael convicted of a similar offence. Ramodibedi, subverted the normal legal Activists were also detained and charged process. The police at Mbabane police in several separate trials involving charges station, where the men were initially detained under the Suppression of Terrorism Act (STA) prior to their appearance before the Chief and the Sedition and Subversive Activities Justice, also appeared to have been acting Act. The state revived a 2009 sedition charge under instructions when they denied the against Thulani Maseko. His trial on this men’s lawyers access to them in the police charge was scheduled to be heard in 2015. cells. The two men were remanded into A challenge to the constitutionality of the custody by the Chief Justice following a Sedition and Subversive Activities Act, as well brief procedure behind closed doors in his as the STA, was also pending in 2015. The office. In April, they were briefly released, challenge was brought by veteran activist following a ruling by High Court judge and leader of the opposition People’s United Mumcy Dlamini that the warrants used to Democratic Movement (PUDEMO), Mario

350 Amnesty International Report 2014/15 Masuku, and eight others facing charges under both laws in three separate trials. The SWEDEN application was due to be heard in the High Court in March 2015. Kingdom of Sweden The trial of Mario Masuku and youth leader Head of state: King Carl XVI Gustaf Maxwell Dlamini was due to begin in February Head of government: Stefan Löfven (replaced 2015. They were charged with sedition and Fredrik Reinfeldt in October) remanded in custody in connection with slogans they allegedly shouted at a 2014 May Day rally. There was considerable concern An Egyptian national, who had been at Mario Masuku’s deteriorating health after subjected to rendition from Sweden to Egypt he was remanded into custody. At the end in 2001, and subsequently tortured, was of October there was a renewed attempt to granted permission to return to Sweden. secure his and Maxwell Dlamini’s release Investigations into an illegal Swedish police on bail. On 31 October the High Court database of Romani people were ongoing. A judge scheduled to hear the application governmental commission began to review was withdrawn. The application was shortcomings in rape investigations and heard and rejected in November by Judge prosecutions. Mpendulo Simelane. Seven members of PUDEMO, which is TORTURE AND OTHER ILL-TREATMENT banned under the STA, were also facing trial In November, the UN Committee against at the end of the year on charges under the Torture recommended that Sweden adopt STA following their arrest at the High Court a definition of torture into its Criminal Code during the trial of Thulani Maseko and Bheki which was consistent with the UN Convention Makhubu in April. against Torture.1 The Committee also called on Sweden to refrain from using diplomatic WOMEN’S RIGHTS assurances as a means of returning a person Despite high levels of gender-based violence, to another country where the person would the Sexual Offences and Domestic Violence face a risk of torture. Bill had not been enacted by the end of the In April, Egyptian national Mohammed year. The Bill had been under discussion al-Zari was granted a residence permit in and consideration by parliament since Sweden. He was detained with Ahmed Agiza 2006. Women’s rights and service-providing in Sweden in December 2001 and subjected organizations appealed for the enactment of to rendition from Sweden to Egypt on a CIA- the Bill in November. leased plane. Both men were subsequently tortured and otherwise ill-treated while being held in Egypt. In 2008, the Chancellor 1. Swaziland: Deplorable sentences against journalist and lawyer stifle of Justice awarded both men financial free speech (News story) compensation for the human rights violations www.amnesty.org/en/news/swaziland-deplorable-sentences-against- they suffered. Mohammed al-Zari was journalist-and-lawyer-stifle-free-speech-2014-07-25 released from prison in October 2003 without having been charged with any crime. The award of a residence permit partially fulfilled his right to redress for the human rights violations he suffered. However, an effective, independent investigation into these violations remained outstanding.

Amnesty International Report 2014/15 351 DISCRIMINATION In September 2013, the CERD Committee 1. Sweden: Submission to the United Nations Committee against Torture: expressed concern about racially motivated 53rd Session (EUR 42/001/2014) against visible minorities, and www.amnesty.org/en/library/info/EUR42/001/2014/en called on Sweden to effectively investigate, 2. Sweden: Skåne police database violates human rights of Romanis prosecute and punish all hate crimes. The (EUR 42/001/2013) Committee also raised concerns about racist www.amnesty.org/en/library/info/EUR42/001/2013/en and extremist organizations continuing to function in Sweden. On the same day that the CERD Committee raised concerns about discrimination against Roma, a Swedish newspaper revealed that SWITZERLAND the Skåne police department was operating an illegal database, named Travellers or Swiss Confederation Nomads (Kringresande), containing details Head of state and government: Didier Burkhalter of about 4,000 Romani people, for no apparent reason other than their ethnicity.2 Local and national authorities apologized The Swiss National Commission for the publicly following the revelations. The Prevention of Torture (NCPT) and NGOs matter was subsequently investigated continued to raise concern about the use by Sweden’s Commission on Security of force during deportations. “Popular and Integrity Protection (Säkerhets - och initiatives” that were incompatible with integritetsskyddsnämnden) and the National international law were left unimplemented. Police-related Crimes Unit (Riksenheten för polismål), as well as internally by the DISCRIMINATION National Police Board (Rikspolisstyrelsen), In March, the UN CERD Committee the latter of which found no illegality. The recommended that the government introduce matter was under investigation by the Justice a clear and comprehensive definition of direct Ombudsman, whose findings were expected and indirect racial discrimination covering all in November. fields of law. The Committee further called on the government to establish effective VIOLENCE AGAINST WOMEN AND GIRLS data collection on discrimination and to take In August, following an initiative by the measures to prevent targeting of individuals parliamentary Committee on Justice, the for identity checks, searches and other government announced that it would set police operations on the grounds of race up a commission to examine how rape and ethnicity. investigations are dealt with by the police In November, the Administrative Court in and justice system. The aim was to analyze the canton of St Gallen ruled that a school’s high rates of attrition in investigating ban on a Muslim student wearing a headscarf and prosecuting reported rapes, and to was disproportionate. recommend improvements to the legal In September 2013, residents of the process in rape cases. The commission is canton of Ticino had voted to ban the expected to review the penal provisions on the wearing of the full face veil. The ban cannot offence of rape and to consider a requirement enter into force without the approval of the for genuine consent. Federal Parliament.

352 Amnesty International Report 2014/15 REFUGEES AND ASYLUM-SEEKERS in a cell measuring 23 square meters The NCPT and domestic NGOs continued designed for three detainees, without access to raise concerns about the treatment of to any activities. The NCPT and Swiss asylum-seekers, including violations of the NGOs repeatedly raised concerns about non-refoulement principle and the use of overcrowding in Champ-Dollon prison, which force during removals. as of November held 811 persons in a space The NCPT continued to observe and designed to accommodate 376. Disturbances document disproportionate use of force at the prison in February resulted in injuries and restraints during the transfer of people to eight guards and around 30 prisoners. facing deportation from detention centres to the airport. To tackle varying practices by LEGISLATIVE, CONSTITUTIONAL OR different police forces, the NCPT called for INSTITUTIONAL DEVELOPMENTS uniform practice and national regulation to In March, the CERD Committee be introduced by the Conference of Cantonal recommended establishing an independent Directors of Justice and Police. The NCPT mechanism to ensure that “popular also called for greater respect for the principle initiatives” do not lead to laws that are of the best interests of the child, in response incompatible with Switzerland‘s obligations to the ongoing practice of temporarily under international human rights law. Several separating children from their parents during “popular initiatives” or referendums put forced returns. forward by the Swiss People’s Party were not In May, the Federal Office for Migration implemented due to their incompatibility with (FOM) made public the recommendations of international law, including the referendum internal and external reviews, following the known as the "Deportation initiative", passed arrests in Sri Lanka in July and August 2013 in 2010. This referendum had called for of two Tamil asylum-seekers forcibly returned a constitutional amendment to allow the from Switzerland. The two men were detained automatic deportation of foreign nationals for several months by Sri Lankan authorities convicted of specified criminal offences. and transferred to a “rehabilitation” camp. Similarly, the “Mass immigration initiative”, In September 2013, following concerns which sought to introduce an arbitrary raised by NGOs, the FOM had temporarily annual immigration quota, also remained halted forced returns to Sri Lanka pending unimplemented. the outcome of the reviews. After a further fact-finding mission to Sri Lanka by Swiss authorities, the FOM announced in May that it would review the cases of Sri Lankan asylum- seekers whose applications had received SYRIA a final rejection, and resume removals to Sri Lanka. Syrian Arab Republic Head of state: Bashar al-Assad PRISON CONDITIONS Head of government: Wael Nader al-Halqi On 26 February, the Swiss Federal Court ruled that two prisoners being held in Champ-Dollon prison, in Geneva, were Syria’s internal armed conflict continued subject to inhumane conditions that breached relentlessly through the year and saw both Article 3 of the European Convention on government forces and non-state armed Human Rights. The two prisoners were held groups commit extensive war crimes and consecutively for three months, confined for gross human rights abuses with impunity. 23 hours per day with four other detainees Government forces deliberately targeted

Amnesty International Report 2014/15 353 civilians, indiscriminately bombarding representatives of the Syrian government civilian residential areas and medical and the opposition Syrian National Coalition, facilities with artillery, mortars, barrel but not by armed groups outside the Syrian bombs and chemical agents, unlawfully National Coalition’s military command. killing civilians. Government forces also The talks concluded in February without enforced lengthy sieges, trapping civilians any agreement. and depriving them of food, medical The UN Security Council remained care and other necessities. Security divided on the issue, undermining efforts to forces arbitrarily arrested or continued pursue a peace agreement, but adopted a to detain thousands, including peaceful series of resolutions on the crisis. Resolution activists, human rights defenders, media 2139 in February addressed the conduct and humanitarian workers, and children, of hostilities and arbitrary detentions, and subjecting some to enforced disappearance demanded that all parties to the conflict allow and others to prolonged detention or humanitarian access across conflict lines and unfair trials. Security forces systematically to besieged areas; however, they failed to do tortured and otherwise ill-treated detainees so. Resolution 2165 in July focused on the with impunity; thousands of detainees delivery of international humanitarian aid to reportedly died due to torture or harsh besieged areas and across national borders. conditions. Non-state armed groups, which In August, resolution 2170 condemned controlled some areas and contested others, unlawful killings, other gross abuses and indiscriminately shelled and besieged areas recruitment of foreign fighters by the armed containing civilians perceived to support the groups IS and Jabhat al-Nusra, and added government. Some, particularly the Islamic six individuals affiliated with them to the UN State (IS, formerly known as ISIS) armed al-Qa’ida Sanctions List. The UN Security group, carried out indiscriminate suicide Council failed to adopt other measures to attacks and other bombings in civilian areas, address impunity in Syria. Russia and China and perpetrated numerous unlawful killings, vetoed a draft resolution to refer the situation including summary killings of captives and in Syria to the Prosecutor of the International suspected opponents. Criminal Court. The independent international Commission BACKGROUND of Inquiry on the Syrian Arab Republic, Fighting between government and disparate established by the UN Human Rights Council non-state armed groups continued to rage in 2011, continued to monitor and report across Syria throughout the year, killing on violations of international law committed and injuring thousands and causing further by the parties to the conflict. However, it mass population displacement and refugee remained barred by the government from outflows, particularly to Turkey, Lebanon, entering Syria. Jordan, Egypt and the Kurdistan Region In June, the Organization for the Prohibition of Iraq. By the end of the year, the conflict of Chemical Weapons (OPCW) reported that had caused a total of around 200,000 the government had completed the handover deaths, according to the UN. In addition, 7.6 of its chemical weapons stockpile for million people were internally displaced and international destruction, in accordance with approximately 4 million had become refugees a September 2013 agreement with the US in other countries. and Russian governments. International efforts to resolve the armed In September, a US-led international conflict saw the UN, with support from the coalition began air strikes against IS and other USA and Russia, convene the Geneva II armed groups in northern Syria. According to conference in January. It was attended by

354 Amnesty International Report 2014/15 the UN Security Council, the air strikes killed UN’s Commission of Inquiry. A fact-finding some 50 civilians. investigation by the OPCW confirmed in In June, President al-Assad won September that government forces had used presidential elections held only in chlorine “systematically and repeatedly” in government-controlled areas, and returned these attacks. Government forces also used to office for a third seven-year term. The cluster munitions, indiscriminate weapons following week, he announced an amnesty, that deploy incendiary bomblets over a which resulted in few prisoner releases; wide area exposing victims to serious, often the vast majority of prisoners of conscience fatal, burns. and other political prisoners held by the Sieges and denial of humanitarian access government continued to be detained. Government forces maintained long-running sieges of civilian areas in and around INTERNAL ARMED CONFLICT – Damascus, including Yarmouk, Daraya and VIOLATIONS BY GOVERNMENT FORCES Eastern Ghouta, and elsewhere, including Use of indiscriminate and prohibited weapons the Old City of Homs siege which ended in Government forces mounted attacks on May. Armed opposition fighters were usually areas controlled or contested by armed present in besieged areas and sometimes also opposition forces and committed unlawful posed a threat to civilians. Civilians trapped killings of civilians; some attacks amounted within the besieged areas faced starvation, to war crimes or crimes against humanity. lack of medical care and basic services, and Government forces repeatedly carried out were repeatedly exposed to artillery shelling, both direct and indiscriminate attacks, bombing from the air and sniper fire from including air strikes and artillery shelling government soldiers. In March, government of civilian residential areas, often using soldiers fired on civilians who had sought barrel bombs – high explosive unguided to leave Eastern Ghouta under a white flag, weapons dropped from helicopters – causing killing women, men and children. Yarmouk, a numerous civilian deaths and injuries, Damascus suburb containing around 18,000 including of children. Despite the demand of the over 180,000 Palestinian refugees of UN Security Council resolution 2139 that and Syrians who had lived there prior to the all parties to the conflict end indiscriminate conflict, entered a third year of continuous attacks, in the 10 months following the siege in December. Despite a truce agreed resolution’s adoption, government forces in June, government forces continued to cut killed almost 8,000 civilians in shelling and off food and water supplies and block some other indiscriminate attacks, according to international humanitarian aid. When they the Violations Documentation Centre, a local allowed civilian evacuations from besieged monitoring NGO. In one incident on 29 areas, government forces detained men and October, government helicopters dropped boys among those evacuated, subjecting four barrel bombs on a camp for displaced many to long-term detention for “screening”. people in Idleb, killing at least 10 civilians and Attacks on medical facilities and workers wounding dozens, according to the Syrian Government forces continued to target Observatory for Human Rights. health facilities and medical workers in areas Government forces carried out several controlled by armed groups. They bombed attacks using barrel bombs or other munitions hospitals, barred the provision of medical containing chlorine, despite such munitions supplies in humanitarian aid shipments to being prohibited under international law. besieged areas, and arrested and detained Attacks using such munitions included medical workers and volunteers, apparently those in April on the towns of Kafar Zeita, to disrupt and deny basic health care services al-Tamana’a and Tal Minnis, according to the in those areas. Physicians for Human Rights

Amnesty International Report 2014/15 355 accused government forces of systematically workers who had been abducted by armed attacking the health care system in areas groups and transferred or “sold” to IS. In controlled by opposition groups and of having some cases, the beheading videos included killed 569 health professionals between April threats to kill other captives. 2011 and October 2014. Sieges, denial of humanitarian access and attacks on medical facilities and workers INTERNAL ARMED CONFLICT – IS, Jabhat al-Nusra and other armed groups ABUSES BY ARMED GROUPS jointly or separately laid siege to several Non-state armed groups also committed war government-held areas, including Zahraa crimes and gross abuses of human rights. and Nobel, northwest of Aleppo, as well These included IS and Jabhat al-Nusra, both as the area around Aleppo Central Prison of which used foreign fighters, and groups until government forces broke that year- that formed part of or were affiliated to the long siege in May. They shelled some areas Free Syrian Army. indiscriminately, cut off food, water and Use of indiscriminate weapons other supplies to the civilian inhabitants, Armed groups used indiscriminate weapons, interfered with or prevented the distribution of including mortars, tank and artillery shells, humanitarian aid, and attacked and detained during attacks on government-held civilian medical workers. areas, causing many civilian casualties. In Abductions April and May, armed groups that attacked Armed groups were responsible for numerous the Saif al-Dawla, al-Midan and al-Sulimaniya abductions and detentions of local activists, neighbourhoods in western Aleppo reportedly suspected government supporters, foreign fired mortar shells and improvised gas- journalists and aid workers, and others, canister explosives into civilian areas. Jabhat subjecting many to torture or other ill- al-Nusra carried out suicide car and lorry treatment and some to unlawful summary bombings in government-controlled areas, executions. Those held included children; in including Homs, killing and injuring civilians. May, for example, IS forces abducted over Unlawful killings 150 Kurdish boys from Manbej, between IS forces, in particular, committed unlawful Aleppo and Kobani, subjecting some to killings of captured government soldiers, torture. All had been released by October. abducted civilians, including peaceful Kurdish areas activists and media workers, foreigners and, In northern Syria, the Democratic Union Party reportedly, members of rival armed groups. (PYD) largely controlled three predominantly In the al-Raqqa and eastern Aleppo areas, Kurdish enclaves – ‘Afrin, Kobani (also known which IS controlled and subjected to its strict as Ayn al-Arab) and Jazeera – following the interpretation of Islamic law, IS members withdrawal of government troops in 2012, carried out frequent public executions; until IS forces again attacked Kobani mid- victims were first denounced, then shot year, causing massive forced displacement. or beheaded in front of crowds that often In January, the PYD issued a new constitution contained children. Most victims were men, for the three areas, where it had established a but they also reportedly included boys as functioning justice system based on so-called young as 15 and women. Peoples’ Courts. After visiting the area in IS forces publicized some of their crimes February, Human Rights Watch urged the for propaganda purposes or to make PYD authorities to stop arbitrary detentions, demands, posting videos on the internet cease the use of children as soldiers and to showing them beheading captives, including man checkpoints, improve safeguards against Syrian, Lebanese and Kurdish soldiers, and detainee abuse, and investigate a spate of American and British journalists and aid abductions and apparent political killings.

356 Amnesty International Report 2014/15 In July, the PYD demobilized 149 children detainee reported seeing Rania Alabbasi and from their armed ranks and committed her children in a Military Intelligence facility to preventing children from taking part in known as Branch 291. hostilities. Human rights lawyer Khalil Ma’touq and his friend Mohamed Thatha remained victims REFUGEES AND INTERNALLY of enforced disappearance at the end of the DISPLACED PEOPLE year, after security forces detained them at Fighting across Syria continued to cause a checkpoint near Damascus on 2 October massive forced displacement of civilians. 2013. The authorities did not confirm their Approximately 4 million refugees fled from arrest or disclose why or where they were Syria between 2011 and the end of 2014, being held, raising concerns for their safety. while the UN Office for the Coordination of Juwan Abd Rahman Khaled, a Kurdish Humanitarian Affairs reported that another rights activist, was also a victim of continued 7.6 million people, half of them children, were enforced disappearance. He was detained internally displaced within Syria, an increase by State Security officials who raided the of more than 1 million since December Wadi al-Mashari’a district of Damascus in the 2013. In September, a renewed attack by IS early hours of 3 September 2012. A former forces on Kobani caused a massive refugee political detainee and victim of torture, his outflow, with tens of thousands of inhabitants whereabouts and fate remained undisclosed crossing into Turkey in the space of a few at the end of 2014. days. In both Lebanon and Jordan, authorities limited the number of refugees entering DEATHS IN CUSTODY from Syria, exposing those waiting in border Torture and other ill-treatment of detainees areas to further attacks and deprivation, and being held by Political Security, Military continued to block the entry of Palestinian Intelligence, Air Force Intelligence and refugees from Syria, rendering them other government security and intelligence especially vulnerable. branches remained systematic and widespread. Torture reportedly continued to ENFORCED DISAPPEARANCES result in a high incidence of detainee deaths. Government security forces continued to In January, a group of forensic experts and hold thousands of uncharged detainees former international war crimes prosecutors in prolonged pre-trial detention, many examined photographs taken at military in conditions that amounted to enforced hospitals of thousands of corpses of prisoners disappearance. and reported that the Syrian authorities had Many prisoners arrested in previous engaged in systematic torture and unlawful years remained forcibly disappeared, amid killings of detainees. The government denied concerns for their safety. The authorities the experts’ claim but failed to conduct an rarely disclosed information about detainees independent investigation amid continuing and frequently denied them access to lawyers reports of torture and detainees’ deaths and their families. during the year. Those who remained disappeared included Many detainees were also reported to entire families, among them married couple have died due to harsh conditions at various Abdulrahman Yasin and Rania Alabbasi, detention facilities. These included Military their six children aged between three and 15, Intelligence Branch 235, also known as the and another woman who was present when “Palestine Branch”. One released detainee security forces detained them at their home reported that many detainees at Branch in March 2013. The authorities disclosed 235 had scabies or other skin ailments no information about them but a former and digestive illnesses due to severe

Amnesty International Report 2014/15 357 overcrowding, inadequate sanitation, and acts” and possible 15-year prison terms. They a lack of food, clean drinking water and were arrested when Air Force Intelligence medical care. Often, detainees’ families were officials raided the SCM’s Damascus office not officially informed of their deaths; in other in February 2012. Their trial before the Anti- cases, families were told that detainees had Terrorism Court was adjourned continuously died of heart attacks, but were denied access since February 2013; the outcome of their to their bodies, which were not returned to case remained unknown at the end of 2014. them for burial. Gebrail Moushe Kourie, president of In October, a UK inquest jury ruled that the unauthorized political party Assyrian British medical doctor Abbas Khan was Democratic Organization, was arrested in unlawfully killed in Syrian detention in December 2013 in Qamishly in northern December 2013, contradicting a Syrian Syria. After months of detention in facilities government finding that he had committed where torture was rife, he was charged with suicide. Security forces had arrested Dr Khan belonging to “an unlicensed secret political in November 2012 within 48 hours of his party” and “incitement of violence to topple arrival as a medical volunteer in Syria; he was the government” before a criminal court reported to have been tortured and otherwise judge who referred him for trial by the Anti- ill-treated during months in detention. Terrorism Court.

UNFAIR TRIALS DEATH PENALTY After often lengthy periods of pre-trial The death penalty remained in force for a detention, scores of perceived government wide range of offences. No information was critics and peaceful opponents were available on death sentences handed down or prosecuted before the Anti-Terrorism Court, executions carried out during the year. established in 2012, and Military Field Courts, where they did not receive fair trials. Some defendants tried by the Anti-Terrorism Court faced charges based on their legitimate exercise of freedom of expression or other TAIWAN rights. Defendants before Military Field Courts, many of whom were civilians, had no Taiwan right to legal representation and faced judges Head of state: Ma Ying-jeou who were serving military officers. They also Head of government: Ma Chi-kuo (replaced Jiang had no opportunity to appeal their sentences. Yi-huah in December) Faten Rajab Fawaz, a physicist and peaceful pro-reform activist arrested by Air Force Intelligence officials in December 2011 While Taiwan took further steps to in Damascus, was reported in September to implement international human rights be facing trial before a Military Field Court on standards, serious concerns remained. undisclosed charges. Following her arrest, Notable among these were the right to she was held at several detention facilities, freedom of peaceful assembly, the death sometimes in solitary confinement for months penalty, torture and other ill-treatment, at a time, and reportedly tortured and housing and land rights, and gender otherwise ill-treated. discrimination. Mazen Darwish, Hani al-Zitani and Hussein Gharir, activists from the independent Syrian INTERNATIONAL SCRUTINY Center for Media and Freedom of Expression International groups of independent (SCM), faced charges of “publicizing terrorist experts reviewed national reports on the

358 Amnesty International Report 2014/15 implementation of the ICCPR and ICESCR in detention facility in July 2013.3 In March, February 2013 and CEDAW in June 2014. In a civilian court of first instance convicted September the government pledged to amend 13 military officers of Hung Chung-chiu’s 228 laws and regulations to comply with death, sentencing them to between three CEDAW. Laws were enacted to implement the and eight months’ imprisonment; five others Convention on the Rights of the Child and were acquitted. the Convention on the Rights of Persons with Disabilities by 2017. PRISON CONDITIONS Overcrowding, unsanitary conditions and lack FREEDOM OF ASSEMBLY of adequate medical care remained serious From 18 March to 10 April, hundreds of problems in prisons and detention centres. students and other activists occupied the An amendment to the Prison Camp Act, Legislative Yuan (Parliament) to protest aimed at addressing prison overcrowding against a trade deal with China.1 On 23 by expanding the use of minimum security March, a group of protesters forced their way prisons, was enacted in June. into the Executive Yuan (Cabinet) complex, and a crowd gathered in the surrounding HOUSING RIGHTS – FORCED EVICTIONS areas. The police used excessive force while Conflicts over housing and land rights dispersing them. To date there has been no continued to increase due to rising land independent and impartial investigation into prices and economic inequality. In July, the police conduct. the land expropriation for the Taoyuan Over several subsequent months, over 200 Aerotropolis project, affecting an estimated protesters were summoned for questioning 46,000 people, passed a key planning hurdle, under the Criminal Code and Assembly and despite concerns of inadequate consultation Parade Act; they remained under threat of with residents as well as the indictment of a prosecution. At least 46 people who suffered key official for related corruption. injuries during the protests filed a series of Indigenous Peoples’ rights private criminal lawsuits against the Premier Concerns were raised about the use of and high-ranking police officers. By the end traditional lands of Indigenous Peoples for of the year, however, courts had declined to tourism-related development. hear two of these cases on the grounds that they were too similar to one already under RIGHTS OF LESBIAN, GAY, BISEXUAL, court review. TRANSGENDER AND INTERSEX PEOPLE Amendments to the Civil Code that would DEATH PENALTY enshrine marriage equality stalled in the Little progress was made towards the abolition Legislative Yuan. of the death penalty as Taiwan continued The Ministry of Interior failed to to impose death sentences and carry out put into effect the Ministry of Health’s executions.2 In June the death sentence recommendation that genital surgery and was abolished for two crimes related to psychiatric evaluation should no longer be kidnapping, but 55 offences remained needed to change one’s gender. punishable by death.

TORTURE AND OTHER ILL-TREATMENT 1. Taiwan: Restraint urged in protests over China trade deal (Press In January, Taiwan abolished its military court release) system during peacetime, including military www.amnesty.org.uk/press-releases/taiwan-restraint-urged-protests- prisons. This followed the death of Corporal over-china-trade-deal Hung Chung-chiu in a military disciplinary

Amnesty International Report 2014/15 359 2. Taiwan: Amnesty International condemns the execution of five people October 2014. However, most relatives and (ASA 38/002/2014) victims declined to pursue complaints for fear www.amnesty.org/en/library/info/ASA38/002/2014/en of reprisals. Many more cases of torture were 3. Taiwan government must ensure the reform of military criminal likely to have gone unreported. procedure legislation lives up to its promise of greater accountability Criminal prosecutions against law (ASA 38/001/2014) enforcement officials suspected of torture www.amnesty.org/en/library/info/ASA38/001/2014/en were rare, and frequently terminated or suspended before completion. By the end of the year, only four security officers had been convicted of torture since its criminalization in 2012. Two of them were TAJIKISTAN given suspended sentences. In April, the investigation into allegations Republic of Tajikistan involving two officials suspected of torturing Head of state: Emomali Rahmon Ismonboy Boboev (who died in custody Head of government: Qokhir Rasulzoda in February 2010) was suspended again, reportedly due to the poor health of one of the suspects. Torture and other ill-treatment of detainees Tajikistan failed to implement decisions by remained pervasive and impunity for crimes UN bodies on individual cases. In June 2013, of torture continued. The government the UN Working Group on Arbitrary Detention imposed further restrictions on the rights urged the release of Ilhom Ismonov, who to freedom of expression, association had been arbitrarily detained, tortured and and assembly. forced to sign a in November 2010. He remained in detention at the end of BACKGROUND the year. Emomali Rahmon was re-elected as President Lawyers were repeatedly denied access for a fourth term in November 2013 with to their clients in detention, often for days 84.32% of the vote. at a time. This was particularly common In May, three people were killed and five in facilities run by the State Committee for injured when a police operation in Khorog, National Security. Gorno-Badakhshan Autonomous Region Individuals perceived to be threats to (GBAO), led to clashes between security national security, including members of forces and residents. An investigation into the religious movements and Islamist groups incident was reported to be ongoing at the or parties, were at particular risk of end of the year. There was still no effective incommunicado detention, torture and other investigation into the clashes in Khorog in July ill-treatment. 2012, in which dozens of people and at least Umed Tojiev, a member of the opposition 22 civilians were killed. Reliable information Islamic Renaissance Party (IRP), died about the number of victims was still lacking. in hospital on 19 January. He had been arrested by police on 30 October 2013 in TORTURE AND OTHER ILL-TREATMENT Sughd region, and charged on 4 November Torture and other ill-treatment remained 2013 with organizing a criminal group, but widespread despite the adoption of an Action was denied access to his lawyer until 13 Plan to implement recommendations by the November 2013. His family claimed he was UN Committee against Torture in 2013. subjected to suffocation, sleep and food Tajikistani NGOs documented 24 cases deprivation and electric shocks. He jumped of torture between 1 December 2013 and 8 out of the Sughd police station window on 5

360 Amnesty International Report 2014/15 November 2013, breaking both his legs, but the Group 24 opposition movement, declaring was not provided with adequate medical care it “extremist”. until 4 January. His death, suspected to be On 16 June, Alexander Sodiqov, a due to criminal negligence, was still under Tajikistani national studying for a PhD in investigation at the end of the year. Canada, was detained in Khorog while interviewing the deputy head of the opposition PRISON CONDITIONS Social Democratic party of GBAO as part of In February a monitoring group on detention his research on post-conflict. He was accused facilities established by the Human Rights of spying and remained incommunicado for Ombudsman began its work. The group three days. On 19 June, the head of the State included civil society representatives. Committee for National Security, Saimumin However, in some cases NGO representatives Yatimov, stated in a thinly veiled reference to were arbitrarily denied access to his case, that foreign spies were operating in detention facilities. Tajikistan under the guise of NGOs and trying to undermine national security. Alexander FREEDOM OF EXPRESSION Sodiqov was a prisoner of conscience. He was Politicians, civil society activists and released on bail on 22 July and allowed to journalists were harassed for criticizing travel to Canada on 10 September to continue the government. his studies. In 2013-2014, some 15 lawsuits were brought against journalists and media outlets, FREEDOM OF ASSOCIATION including on charges of defamation and, in Human rights and other NGOs continued to one case, criminal fraud. operate in an insecure environment and faced In February, journalist Olga Tutubalina and pressure from the authorities. Unscheduled newspaper Asia Plus were ordered by a court inspections of NGOs increased, sometimes to pay TJS 30,000 (US$6,300) in damages followed by legal actions for alleged to three plaintiffs for their “physical and infringements of the law. mental suffering” in connection with an article On 24 June, the Constitutional Court published in 2013 which spoke unfavourably considered a submission by the Association of the “intelligentsia” and in which none of of Young Lawyers “Amparo” regarding the plaintiffs was mentioned. discrepancies between the law “On Public Access to dozens of popular internet Associations” and the Constitution. The resources, including news websites and Court concluded that the law lacked clarity social media, was temporarily blocked on the grounds for closure of associations on multiple occasions during the year. and recommended that it be amended by Reportedly, internet providers did so under parliament. Amparo had been closed down direct orders from the state regulator by the authorities in October 2012 for a minor Communications Service. technical transgression. Its appeals against Reports abounded of politically motivated this decision were unsuccessful. harassment of opposition political leaders. IRP members were particularly targeted. In July 2013 the UN Human Rights Committee expressed concern about the detention of Zayd Saidov, the leader of the opposition movement New Tajikistan. He was sentenced in December 2013 to 26 years in prison. In October 2014, the Supreme Court banned

Amnesty International Report 2014/15 361 agencies during the operation. In June 2014, TANZANIA President Kikwete, on the recommendation of Parliament, established a Commission United Republic of Tanzania of Inquiry with a three-month mandate to Head of state: Jakaya Mrisho Kikwete investigate human rights abuses committed Head of government: Mizengo Peter Pinda during Operation Tokomeza. The Commission Head of Zanzibar government: Ali Mohamed Shein of Inquiry started its work in mid-August by visiting victims in affected regions. The Commission had not completed its The constitutional review process continued, investigations by the end of the year. although challenges threatened to hinder the process. A Commission of Inquiry was DISCRIMINATION – ATTACKS established to investigate human rights ON PEOPLE WITH ALBINISM abuses including at least 13 killings There was one report of an albino person committed by security agencies during who was killed for his body parts. At least five an anti-poaching operation conducted attempted killings were reported. In one such in October 2013. People with albinism case, a man was killed as he defended his remained at risk of being killed for their spouse. The government’s efforts to prevent body parts and violence against women human rights abuses against people with continued with impunity. albinism remained inadequate.

CONSTITUTIONAL DEVELOPMENTS INTERNATIONAL SCRUTINY In February 2014, the Constituent Assembly In June 2014, the African Court on Human was inaugurated to discuss the draft and Peoples’ Rights found that Tanzania Constitution proposed by the Constitutional had violated the African Charter on Review Committee. Proceedings suffered a Human and Peoples’ Rights by prohibiting setback in April when a coalition of opposition individuals from contesting presidential and parties walked out in protest, accusing the parliamentary elections unless sponsored ruling party of interfering with the process. In by a political party. The Court directed October, the Constituent Assembly adopted Tanzania to take constitutional and legislative the draft Constitution amid claims by the measures to remedy the violation, publish a opposition and civil society groups that summary of the judgment within six months the voting process was irregular. President in both English and Kiswahili languages, Kikwete announced that the constitutional and to publish the entire judgment on the referendum would take place in April 2015 government’s website for one year. By the despite a September agreement by all end of the year, Tanzania had not reported to political parties to postpone it until after the the African Court on the measures taken to 2015 elections. comply with the judgment.

EXCESSIVE USE OF FORCE VIOLENCE AGAINST WOMEN AND GIRLS In October 2013, security agencies including Sexual and other forms of gender-based the armed forces used excessive force violence, particularly domestic violence, against civilians in an anti-poaching operation remained widespread. In the towns of Mbeya called Operation Tokomeza. At least 13 and Geita alone, domestic violence resulted in civilians were killed and many more suffered the deaths of 26 and 27 women respectively serious injuries. There were also reports during the first half of the year. of torture, including rape, destruction of property and killing of livestock by security

362 Amnesty International Report 2014/15 formed the National Council for Peace and THAILAND Order (NCPO) and announced a reform process and road map, with no clear date for Kingdom of Thailand elections. After the promulgation of an interim Head of state: King Bhumibol Adulyadej Constitution in July, the NCPO selected Head of government: Prayuth Chan-ocha (replaced a legislature, which elected NCPO leader Niwattumrong Boonsongpaisan in May, who General Prayuth Chan-ocha as Prime Minister replaced Yingluck Shinawatra in May) in August.1

INTERNAL ARMED CONFLICT Political tensions prevailed through the year Armed violence continued in the three and human rights protection weakened. southern provinces of Pattani, Yala, Armed violence continued in the southern Narathiwat and parts of Songkhla. border provinces. Freedoms of expression, Security forces were implicated in unlawful association and peaceful assembly were killings, and torture and other ill-treatment. severely restricted, leading to the arbitrary In November the authorities announced the arrest of many individuals, some of whom provision of 2,700 semi-automatic assault became prisoners of conscience. rifles to civilian paramilitary rangers. Attacks targeting civilians were believed BACKGROUND to have been carried out by armed groups Political deadlock between the government through the year, including the bombing of and demonstrators dominated the first five public places. Forty-two members of the months of the year. The military staged a civilian administration and nine government coup in May. Martial law remained in place at teachers were among 162 civilians killed. In the end of the year. a number of instances assailants mutilated The People’s Democratic Reform the corpses by burning and beheading them. Committee (PDRC), headed by the former Notes left at the scene in a number of attacks Democrat Deputy Prime Minister, led mass presented the killings as acts of retaliation demonstrations calling for the government for killings and arrests by government or to be replaced by a people’s council to paramilitary forces. In November banners implement political reforms. In March the were put up in all three provinces, criticizing Constitutional Court ruled the February snap official policies and threatening further elections invalid. The Electoral Commission killings of Buddhist civilians, bureaucrats and postponed polls scheduled for July on the teachers. In October six schools in Pattani basis of ongoing political violence. The province were destroyed in arson attacks. opposition Democrat Party had boycotted Two state-sponsored paramilitary rangers polls in February and PDRC protesters admitted killing three ethnic Malay-Muslim impeded thousands of voters from casting boys aged six, nine and 11, and wounding votes by blockading polling stations. In their father and pregnant mother, in an attack May the Constitutional Court ordered Prime on the family’s home in Bacho, Narathiwat, Minister Yingluck Shinawatra to step down, in February. One of the rangers said he and the National Anti-Corruption Commission carried out the attack because of the lack of voted for her impeachment the following day. progress on investigations into the murder of On 20 May, the Commander-in-Chief of the his brother and sister-in-law in August 2013, armed forces invoked martial law and seized in which the children’s father, a suspected control of the country in a military coup on insurgent, was implicated. 22 May, suspending all but a few provisions Between January and May, sporadic in the 2007 Constitution. The coup leaders clashes between supporters of the

Amnesty International Report 2014/15 363 government and the PDRC, and targeted ENFORCED DISAPPEARANCES attacks on demonstrations with weapons and In April, environmental activist Pholachi explosive devices, led to the deaths of 28 Rakchongcharoen was believed to have people and injuries to 825 others.2 Targeted been subjected to enforced disappearance attacks by unidentified individuals on by officials in connection with his activities prominent politicians and commentators from to seek redress for human rights violations both sides were also carried out. in Kaengkrachan National Park, Petchaburi Suthin Tarathin, a prominent anti- Province. He was last seen on 17 April government protester, was shot dead on 26 after being detained and held in custody January while marching with anti-government by the National Park Chief and three other protesters to prevent advance voting in the park officials. Bang Na district of the capital, Bangkok. The house of Somsak Jeamteerasakul, a FREEDOMS OF EXPRESSION history professor and prominent commentator AND ASSEMBLY on Thailand’s lese-majesty law, was attacked Martial law orders imposed after the May by unknown assailants who fired gunshots coup remained in place at the end of the and threw homemade bombs at his home year. Freedoms of peaceful assembly and car on 12 February. and expression were heavily restricted, including a ban on “political” gatherings of TORTURE AND OTHER ILL-TREATMENT more than five people. Following the coup, Allegations of torture and other ill-treatment authorities blocked and shut down websites by police and armed forces continued and community radio stations for weeks or throughout the year, including during months, and issued orders censoring media incommunicado detention under martial law criticism of the NCPO. provisions and by PDRC guards at political Protesters were prosecuted in military demonstrations during the first half of courts for peaceful acts of protest in the the year. weeks following the coup, including holding A bill criminalizing torture and enforced up a three-finger salute popularized in the disappearances remained in draft form at the Hunger Games films. Arrests of peaceful end of the year. dissenters continued through the year. The UN Committee against Torture Officials continued to restrict and cancel expressed concern in May at the consistent private, public and academic meetings and widespread allegations of torture and seminars following the coup, including and other ill-treatment in the country and by arresting participants and requiring inadequate provisions for redress.3 individuals and organizations to seek official On 24 February, security guard Yuem Nillar approval in advance. said he was detained at a protest site for five days, tied up, denied food and beaten by two ARBITRARY ARRESTS AND DETENTIONS PDRC guards before being thrown into a river. Hundreds were subjected to arbitrary arrest In February the relatives of a soldier beaten and detention under martial law powers, to death while attending a military training including politicians, academics, journalists camp in 2011 agreed a compensation and activists. The majority were held for up settlement of approximately 7 million baht to seven days without charge or trial after (some US$215,000). Private Wichean being publicly ordered to report to military Puaksom died as a result of torture after authorities. Many were convicted of criminal taking leave without authorization. offences for failing to report. The majority of those summoned were required to sign undertakings not to engage in political

364 Amnesty International Report 2014/15 activities as a condition of release. At the rights violations as a result of their legitimate end of the year officials continued to require activities, including enforced disappearance, individuals, including students, lawyers killings, attacks,6 arbitrary arrests and and civil society activists, to report to them prosecution. privately and to sign such undertakings. In May the Royal Thai Army lodged Arrests, prosecutions and imprisonment a criminal complaint against Pornpen for acts of peaceful expression criminalized Khongkachonkiet and her organization under Article 112 of the Penal Code Cross Cultural Foundation for “damaging – Thailand’s abusive lese-majesty law – the reputation” of Taharn Pran Paramilitary dramatically increased after the May coup; Unit 41, in Yala province, by requesting there were at least 28 new arrests and eight an investigation into an allegation of convictions. Lese-majesty detainees were physical assault. consistently denied bail in pre-trial detention and during appeals after conviction.4 TRAFFICKING IN HUMAN BEINGS Pornthip Mankong and Patiwat Saraiyam In June, Thailand was downgraded in the were detained in August and charged with US Department of State’s annual report on lese-majesty for organizing and acting Trafficking in Persons for failing to adequately in a play at Thammasat University in address persistent and widespread trafficking October 2013. of individuals for forced labour and the sex trade. UNFAIR TRIALS Throughout the year hundreds of people, The NCPO expanded the jurisdiction including Rohingya from Myanmar, were of military courts to allow civilians to be rescued from camps where they had been prosecuted for disobeying the orders of held by smugglers in poor conditions for up to the NCPO, offences against the monarchy, six months and subjected to severe violence. and internal security. No right of appeal was allowed. REFUGEES AND ASYLUM-SEEKERS In the absence of legal protection of the right IMPUNITY to asylum, refugees and asylum-seekers No significant progress was made in remained at risk of arrest, arbitrary and addressing widespread official impunity indefinite detention, deportation as illegal for human rights violations.5 The Interim immigrants and possible refoulement. Constitution proclaimed in July provided Immigration detainees, including refugees immunity to the NCPO and its agents recognized by UNHCR, the UN refugee from criminal responsibility for human agency, continued to be held in poor rights violations. conditions in facilities not built for long-term On 28 August, the Criminal Court accommodation. dismissed murder charges against former Fears of a crackdown on illegal labour led Prime Minister Abhisit Vejjajiva and his to some 220,000 migrant workers, mostly deputy, Suthep Thaugsuban, for the deaths Cambodians, leaving the country in June; of protesters during 2010. The Court ruled it many later returned. had no jurisdiction over the case. DEATH PENALTY HUMAN RIGHTS DEFENDERS Death sentences were handed down during Sweeping restrictions on freedom of the year. There were no reported executions. expression and other human rights under A pilot project begun in 2013 to remove martial law severely limited the work of shackles from death row inmates in Bang human rights defenders. Many faced human Kwang high security prison in Bangkok was

Amnesty International Report 2014/15 365 ongoing. The project had not been extended forces were accused of ill-treatment and to other prisons by the end of the year. unnecessary or excessive use of force. Levels of domestic violence remained high. Parliament passed a restrictive media law 1. Thailand: Attitude adjustment - 100 days under martial law (ASA before the Court of Appeal declared it 39/011/2014) unconstitutional. www.amnesty.org/en/documents/ASA39/011/2014/en/ 2. Thailand: Investigate grenade attack on anti-government protesters BACKGROUND (News story) In March, two groups, the Maubere www.amnesty.org/en/news/thailand-investigate-grenade-attack-anti- Revolutionary Council (KRM) and the Popular government-protesters-2014-05-15 Democratic Council of the Democratic 3. Thailand: Submission to the UN Committee against Torture (ASA Republic of Timor-Leste (CPD-RDTL), were 39/003/2014) declared illegal by a parliamentary resolution www.amnesty.org/en/library/info/ASA39/003/2014/en for “attempting to cause instability”. Two 4. Thailand: Free speech crackdown creating ‘spiral into silence’ (Press of their leaders were charged and were release) awaiting trial. www.amnesty.org/en/articles/news/2014/12/thailand-free-speech- crackdown-creating-spiral-silence/ IMPUNITY Thailand: Release activist imprisoned for allegedly insulting the Little progress was made in addressing crimes monarchy (Press release) against humanity and other human rights www.amnesty.org/en/articles/news/2014/09/thailand-release- violations committed by Indonesian security activist-imprisoned-allegedly-insulting-monarchy/ forces and their auxiliaries from 1975 to Thailand: Anniversary of activist’s arrest a reminder of precarious 1999. Many suspected perpetrators remained state of freedom of expression (ASA 39/005/2014) at large in Indonesia where they were safe www.amnesty.org/en/library/info/ASA39/005/2014/en from prosecution.1 5. Thailand: Alleged torture victim denied redress (Press release) In August, the Court of Appeal upheld www.amnesty.org/en/documents/asa39/015/2014/en/ the sentence of a former AHI (Aileu Thailand: 10 years on, find truth and justice for family of Somchai Hametin Integrasaun) militia member Neelapaijit (ASA 39/001/2014) imprisoned for crimes against humanity www.amnesty.org/en/library/info/ASA39/001/2014/en committed in Aileu district around the 1999 6. Arbitrary detentions continue in Thailand (ASA 39/008/2014) independence referendum. www.amnesty.org/en/library/info/ASA39/008/2014/en The Timorese government failed to Thailand: Threats to the lives of village leaders (ASA 39/009/2014) implement recommendations from the www.amnesty.org/en/library/info/ASA39/009/2014/en Commission for Reception, Truth and Reconciliation (CAVR) and the bilateral Indonesia-Timor-Leste Commission of Truth and Friendship (CTF) relating to impunity. Parliament continued delaying consideration TIMOR-LESTE of two draft laws providing for a National Reparations Programme and establishment Democratic Republic of Timor-Leste of a “Public Memory Institute”, a body which Head of state: Taur Matan Ruak would implement the recommendations of Head of government: Kay Rala Xanana Gusmão the CAVR and CTF, including the reparations programme. A commission to examine enforced disappearances, recommended by Impunity persisted for gross human rights the CTF, had not been established by the end violations committed during the Indonesian of the year. Initiatives undertaken with the occupation (1975-1999). Security Indonesian government to reunite children

366 Amnesty International Report 2014/15 separated from their families in 1999 lacked transparency and adequate consultation with 1. Timor-Leste/Indonesia: Governments must expedite establishing fate civil society. of the disappeared (Public statement) www.amnesty.org/download/Documents/8000/asa570012014en.pdf JUSTICE SYSTEM 2. Timor-Leste: Victims’ rights and independence of judiciary threatened Reports continued of ill-treatment and by arbitrary removal of judicial officers (ASA 57/003/2014) unnecessary or excessive use of force by www.amnesty.org/en/library/info/ASA57/003/2014/en security forces. Accountability mechanisms 3. Timor-Leste: Unconstitutional media law threatens freedom of remained weak. expression (ASA 57/002/2014) Security forces reportedly arbitrarily www.amnesty.org/en/documents/asa57/002/2014/en/ arrested and ill-treated dozens of individuals in March allegedly linked to the two groups KRM and CPD-RDTL. Concerns were raised that the government may have violated the rights to freedom of association and TOGO expression by using parliament rather than the courts to declare the organizations illegal. Togolese Republic In October, the Timor-Leste parliament Head of state: Faure Gnassingbé and government arbitrarily terminated the Head of government: Kwesi Ahoomey-Zunu contracts of foreign judicial officers and advisors, raising serious concerns about judicial independence and impacting The security forces repeatedly used negatively on victims and their right to an excessive force to disperse demonstrations. effective remedy.2 Torture and other ill-treatment were used to extract confessions from detainees, WOMEN’S RIGHTS and prisoners were denied timely medical The 2010 Law against Domestic Violence treatment. Threats to freedom of expression continued to be used to prosecute cases persisted, with journalists targeted for ill- of domestic violence but many challenges treatment. remained for victims seeking to access justice. According to NGOs, courts tended BACKGROUND to hand down suspended prison sentences Elections which had been postponed or fines instead of imposing terms of at least twice from October 2012 finally imprisonment. took place in July 2013. President Faure Gnassingbé’s party, Union for the Republic, FREEDOM OF EXPRESSION − MEDIA won an absolute majority. Opposition In May, parliament passed a Media Law parties protested at the results, which were which would impose severe restrictions on confirmed by the Constitutional Court. journalists and on freedom of expression. In Prime Minister Kwesi Ahoomey-Zunu was August, the Court of Appeal found the law reappointed in September 2013. unconstitutional and returned it to parliament In February 2013, the National Assembly for review.3 A revised law removing some passed a law granting the High Authority restrictions was approved by the President for Audiovisual and Communications in December. discretionary powers to impose sanctions on the media without recourse to the courts, prompting protests by journalists’ associations. The Constitutional Court ruled

Amnesty International Report 2014/15 367 one month later that six articles of this law detainees in pre-trial detention. Victims were unconstitutional. included Mohamed Loum, arrested in the In February 2014, the National Assembly market fires case, who was beaten and rejected a government bill limiting the number subjected to waterboarding in gendarmerie of Presidential mandates. custody. He was also repeatedly subjected to In July 2014, the National Assembly prolonged restraint in handcuffs, often lasting approved the ratification of the International 24 hours, and denied food or water. Convention against enforced disappearance A group of men convicted in September without reservations. 2011 of participating in a 2009 coup plot took Two major fires destroyed markets in Kara a complaint to the ECOWAS court, claiming and the capital, Lomé, in January 2013. Later they had been tortured during interrogations. that month the National Assembly lifted the In July 2013, the ECOWAS court found immunity of Agbéyomé Kodjo, formerly Prime that the Togolese state was responsible for Minister as well as President of the National acts of torture and ordered reparations for Assembly, to allow his arrest in connection the victims. The National Human Rights with the fires, along with other opposition Commission of Togo had also found that members. Agbéyomé Kodjo was released these detainees had been subjected to in late February 2013 and Abass Kaboua, inhuman and degrading acts of violence in President of the Movement of Centrist February 2012. It recommended that the Republicans, was released in September government impose exemplary punishments 2014. By the end of 2014, of 33 men on all those who had participated, directly or originally charged, 20 remained in detention. indirectly. The government did not deny the A number of them were charged with torture allegations and reparations were paid conspiracy to associate with criminal intent. to each of the plaintiffs in this case. Apart from transferring those responsible for the EXCESSIVE USE OF FORCE torture to other duties, no action was taken to In April 2013, two students were killed when investigate and prosecute the perpetrators. security forces shot live bullets at a crowd of Three members of this group – Adjinon protesters in the northern town of Dapaong.1 Kossi Lambert, Towbeli Kouma and Pali One of the victims, Anselme Sindare Afeignindou – were pardoned in February Gouyano, was 12 years old. The government 2013. Seven others, including Kpatcha announced that those responsible would Gnassingbé, brother of the President, be brought to justice, but by the end of Captain Kokou Tchaa Dontema and former 2014 no investigations or prosecutions had Gendarmerie Lieutenant Efoé Sassouvi been started. Sassou, remained in prison throughout 2014. In November 2014, security forces intervened near Aného, 45km from Lomé, PRISON CONDITIONS against the selling of prohibited petrol. When Denial of or delays in providing health care the vendors resisted and threw stones, continued to put prisoners’ lives at risk. security forces fired into the crowd. Ayovi Etienne Yakanou Kodjo, a member of the Koumako died after being shot and four other opposition National Alliance for Change, died people were injured. The Minister of Justice in prison after being refused timely medical issued a statement the same day stating that care in May 2013. No investigation had been an investigation would be opened. opened into his death by the end of 2014.

TORTURE AND OTHER ILL-TREATMENT FREEDOM OF EXPRESSION Torture and other ill-treatment was used Threats to freedom of expression continued. by members of the security forces against Journalists were injured by police officers

368 Amnesty International Report 2014/15 while covering protests and were targeted BACKGROUND with tear gas and bullets. In March 2013, A second round of consultations on the journalist Zeus Aziadouvo, who had reported reform of the Constitution was carried out in on the use of torture in the market fires case, 2014, following a report by the Constitution was charged with complicity in the case. Reform Commission and nationwide A radio station – Radio Légende FM – was consultations in 2013. closed down by police in July 2013. The country continued to face a serious Student associations were forbidden from public security crisis: homicide rate remained demonstrating. The Association of Victims at a high level with 403 murders reported of Torture in Togo (ASVITTO) was also by the police compared with 407 in 2013. forbidden from holding sit-ins. A sit-in protest In response, joint police and military patrols in March 2014 to claim reparations ordered were deployed. In August 2014 the army’s by the ECOWAS court in the case of the men Defence Force Reserves were called to assist convicted of participating in a 2009 coup with street patrolling until 7 January 2015, plot (see above) was dispersed with tear gas. despite serious concerns that the force was Reparations were paid later that month. not trained to carry out these duties. Amah Olivier, President of the ASVITTO, Prosecutor and senior attorney Dana was arrested in September 2013 and Seetahal was assassinated by unidentified charged with incitement to rebellion for men in May 2014. She had been investigating speaking about the political situation during a high-profile cases including the kidnapping demonstration. He was conditionally released and murder of a businesswoman. An in February 2014 but was again summoned investigation into her killing was immediately by the investigating judge in September. He opened by the authorities. reportedly received death threats in detention. In August, pre-trial detainees in two prisons went on hunger strike to protest against the slow progress of their cases in the courts. 1. Togo: Excessive use of force and death in custody (AFR 57/002/2013) According to the International Centre for www.amnesty.org/en/library/info/afr57/002/2013/en Prison Studies, 43% of the prison population was in pre-trial detention.

EXCESSIVE USE OF FORCE Reports of killings by the security forces TRINIDAD AND suggested that they may have been unlawful and contradicted the official claims of TOBAGO “exchange of gunfire” with criminal elements. Hakeem Alexander, 16, and his cousin Republic of Trinidad and Tobago Tevin Alexander, 15, were killed on 9 June Head of state: Anthony Thomas Aquinas Carmona 2014 in Morvant, Port of Spain, when police Head of government: Kamla Persad-Bissessar were called to intervene in a shoot-out. Eyewitnesses alleged that the two boys were executed by police officers while on their Killings by the security forces, and torture knees with their hands up. An investigation and other ill-treatment of detainees, into the incident was ongoing at the end of including deaths in custody, remained a the year. concern. People continued to be sentenced to death. The state failed to tackle violence TORTURE AND OTHER ILL-TREATMENT against LGBTI people. In December 2013, Jameson John allegedly suffered burns to his torso, leg and genitals

Amnesty International Report 2014/15 369 while in police custody. Six police officers were charged with misconduct and were TUNISIA awaiting trial at the end of the year. Republic of Tunisia DEATHS IN CUSTODY Head of state: Beji Caid Essebsi (replaced Moncef On 24 June, Jahwi Ghany died in police Marzouki in December) custody in Chaguanas. A first autopsy stated Head of government: Mehdi Jomaa he had died from heart failure. A second autopsy ordered by his family found that his death had been caused by trauma to A new Constitution adopted in January the head. An investigation by the Police contained important human rights Complaint Authority was ongoing at the end guarantees, but the authorities continued of the year. to restrict freedoms of expression and association. There were new reports of RIGHTS OF LESBIAN, GAY, BISEXUAL, torture of detainees and at least two TRANSGENDER AND INTERSEX PEOPLE people were victims of apparently unlawful Although the Constitution Reform Commission killings by police. The new Constitution recognized in 2013 the “high level of violence contained improved safeguards for women’s and abuse against LGBTI [people]”, it failed rights but failed to end legal and other to formulate recommendations towards discrimination against women or to address achieving equality and ending discrimination. violence against women. A new process Laws criminalizing same-sex consensual acts was established to address past human and barring homosexuals from entering the rights violations; however, a military appeals country remained in place. court significantly reduced the sentences of former senior officials convicted of DEATH PENALTY responsibility for hundreds of unlawful The death penalty continued to be mandatory killings during the 2010-2011 uprising. for murder and death sentences were handed Tunisia kept its borders open to refugees down. No executions have taken place since fleeing fighting in Libya. Armed groups 1999. The 2013 report of the Constitution carried out attacks and killed members Reform Commission recommended the of the security forces. At least two people retention of the death penalty. In December, were sentenced to death; there were in response to the high homicide rate, Prime no executions. Minister Persad-Bissessar announced that she will seek to introduce new legislation to BACKGROUND facilitate the resumption of executions. Following the political crisis in 2013 sparked by the assassinations in February and July of two left-wing politicians, Chokri Belaid and Mohamed Brahmi, Tunisia’s political parties reached an agreement that resulted in a new Constitution and the appointment of a new interim government in early 2014. The new government lifted the state of emergency, in force since 2011, on 5 March. On 26 January, the National Constituent Assembly (NCA) adopted a new Constitution by a large majority after months of deadlock and an agreement by NCA members to reach

370 Amnesty International Report 2014/15 a consensus on the most contentious issues. consent, except when urgent or compelling Three days later a new interim government reasons prohibit it. By the end of the year, took office pending legislative elections however, the National Body had yet to be in October and presidential elections in established. November. The new Constitution guaranteed The death in hospital on 3 October of key human rights, including freedoms Mohamed Ali Snoussi, nine days after his of expression and assembly; freedom of arrest, drew renewed attention to police association, including the right to form violence against suspects and the authorities’ political parties; freedom of movement; the continuing failure to address it. Witnesses right to citizenship; and the right to bodily saw him being dragged from his house in integrity. It also guaranteed freedom from handcuffs, beaten, stripped naked and taken arbitrary detention, rights to fair trial and to away by masked police officers, who were political asylum, and prohibited torture and heard to say that they belonged to the Brigade the use of any statute of limitations to prevent 17 police unit. Mohamed Ali Snoussi’s wife prosecutions for torture. Other articles, such said that she briefly saw him once in police as one prohibiting “attacks on the sacred”, detention, when he had visible marks of were more problematic, carrying a potential beatings but appeared too afraid to say how threat to free speech. The Constitution failed he had sustained them. When his family to abolish the death penalty. received his body it bore bruises and other injuries to the head, shoulders, back, testicles COUNTER-TERROR AND SECURITY and feet. The Ministry of the Interior said that The government submitted a new 163-article he had been arrested on drugs charges and draft law to amend the 2003 Anti-terrorism that an autopsy concluded that his death Law to the NCA, which began discussing it in was not caused by violence, but failed to August. The new law aims to remove some of give the autopsy report to the family despite the most draconian features of the 2003 law. their requests. In October, Prime Minister Jomaa said that the authorities had arrested over 1,500 EXCESSIVE USE OF FORCE suspected “terrorists” since the beginning of Police officers shot and killed two women, the year. Ahlem Dalhoumi and Ons Dalhoumi, on the night of 23 August as they drove home in TORTURE AND OTHER ILL-TREATMENT the city of Kasserine with family members. There were new reports of torture of detainees The shooting occurred when police officers in police custody, mostly in the first few days dressed in black, whom the car’s occupants after arrest and during interrogation. There apparently assumed were armed robbers, was at least one suspicious death in custody. signalled to them to stop, then opened fire The law allowed police to hold detainees in as they drove on, killing the two women and pre-arraignment detention for up to six days injuring a third. The authorities said that without access to lawyers or relatives. police officers opened fire when the car Following a visit to Tunisia in June, the ignored their order to stop and sped towards UN Special Rapporteur on torture expressed them. The surviving car occupants said concern that torture and other ill-treatment the police did not identify themselves and was continuing, and noted the low rate of opened fire without warning. The Ministry of successful prosecutions of perpetrators. the Interior stated in October that it had not In 2013, the NCA adopted legislation to suspended the police officers nor opened an create a 16-member National Body for the administrative investigation, despite public Prevention of Torture, empowered to inspect announcements to the contrary. detention facilities without first obtaining

Amnesty International Report 2014/15 371 TRANSITIONAL JUSTICE with Algeria. The authorities ordered the Following the adoption of a Transitional immediate closure of all unauthorized radio Justice law in December 2013, a Truth and and television stations, mosques and social Dignity Commission was established in June media websites, suspended the activities to investigate human rights violations and of organizations deemed to have links with arbitrate on cases of official corruption since terrorism, and threatened to prosecute 1 July 1955. An independent body, the anyone who called Tunisia’s military and Commission was also mandated to provide security institutions into question. On 22 both material and symbolic reparations to July, a government spokesperson said the victims and to draft recommendations to authorities had suspended 157 organizations prevent the recurrence of human rights and two radio stations for alleged links to violations and the misuse of public funds and terrorist groups and for promoting violence. to promote democracy. The Commission, The executive authorities took this action which has a four-year mandate extendable for despite Decree Law no. 2011-88 of 2011, up to one year, began its work in December which states that organizations may only be after developing its rules and methods suspended pursuant to a judicial decision. of operation. Jabeur Mejri, a blogger sentenced to a The Transitional Justice law also provided prison term in 2012 after being convicted for the establishment of Special Judicial of posting material online deemed insulting Chambers to investigate and prosecute to Islam and the Prophet Mohamed, was human rights violations committed by state released on 4 March. In April, he received agents between July 1955 and December a new eight-month prison sentence arising 2013. In March, the Ministry of Justice from an argument with a court official, appointed a technical committee to draft a but was released on 14 October under a decree on how these specialized chambers presidential pardon. would function. In April, the authorities released some WOMEN’S RIGHTS of the former senior officials imprisoned Discrimination against women continued in connection with the unlawful killings of in law and practice. Tunisia officially lifted protesters during the 2010-2011 uprising its reservations to CEDAW on 23 April; after the Military Court of Appeal amended however, the government maintained a the charges on which they had previously general declaration that it would take no been convicted by military courts and organizational or legislative action required reduced their sentences. Those released by CEDAW if it conflicted with Tunisia’s included former Minister of the Interior Rafiq Constitution. Haj Kacem, whose 12-year sentence was The new Constitution adopted in January reduced to a three-year term, including time provided improved safeguards for women’s spent in custody awaiting trial. Several family rights, but women remained subject to members of people killed or injured during discrimination under laws relating to the uprising went on hunger strike in protest. family matters such as inheritance and child custody. FREEDOMS OF EXPRESSION Article 46 of the Constitution afforded AND ASSOCIATION women greater protection against violence, The authorities restricted freedoms of but the Penal Code remained problematic, expression and association on counter- particularly its Article 227bis which allowed terrorism grounds following an armed group men who rape girls or women under the age attack on 17 July that killed 15 government of 20 to escape prosecution if they marry soldiers in Mount Chaambi, near the border their victim. In June, the Secretary of State for

372 Amnesty International Report 2014/15 Women and Family said that the government planned to draft a framework law combating TURKEY violence against women and girls with the assistance of an expert committee. Republic of Turkey In March, a court sentenced two police Head of state: Recep Tayyip Erdoğan (replaced officers to seven-year prison terms after Abdullah Gül in August) convicting them of raping a woman in Head of government: Ahmet Davutoğlu (replaced September 2012; a third police officer was Recep Tayyip Erdoğan in August) sentenced to two years’ imprisonment for taking her fiancé to a cash machine and trying to extort money from him. During the Following the 2013 Gezi protests and the trial, defence lawyers accused the victim rupture with former ally Fethullah Gülen, of indecency and offering sexual favours to the authorities became more authoritarian in the police after they found her alone with responding to critics. They undermined the her fiancé. She lodged an appeal against independence of the judiciary, introduced the sentences on account of their relative new restrictions on internet freedoms leniency. In November the two officers and handed unprecedented powers to the convicted of rape had their sentences country's intelligence agency. The rights of increased to 15-year prison terms on appeal; peaceful demonstrators were violated and the third officer’s sentence was confirmed police officers enjoyed near-total impunity on appeal. for the use of excessive force. Unfair trials continued, especially under anti-terrorism REFUGEES' AND MIGRANTS’ RIGHTS laws, but the excessive use and length of Thousands of Libyans and other nationals pre-trial detention declined. The authorities reportedly crossed into Tunisia in July and ignored the rights of conscientious objectors August to escape fighting between rival armed and of lesbian, gay, bisexual, transgender militias in Libya. The authorities kept Tunisia’s and intersex people and failed to take border with Libya open while warning that necessary steps to prevent violence against they would close it if the security or economic women. By the end of the year, 1.6 million situation deteriorated. Properly documented Syrian refugees were living in Turkey, many Libyans were allowed to enter and remain in of them destitute. Tunisia but nationals of some other countries were allowed to enter Tunisia for transit only. BACKGROUND The authorities acted to crush a criminal DEATH PENALTY investigation into alleged corruption within The death penalty remained in force for the inner circle of Prime Minister Erdoğan murder and other crimes; no executions have that became public on 17 December 2013. been carried out since 1991. At least two Police officers and prosecutors working on people were sentenced to death and at least the case were transferred to other duties. three prisoners had their death sentences The investigation was formally closed by commuted during the year. prosecutors on 16 October 2014. The In November, Tunisia voted for a UN government branded the investigation General Assembly resolution calling for a a plot by supporters of influential cleric, worldwide moratorium on the death penalty. Fethullah Gülen. The authorities vowed to take further action against Fethullah Gülen and his network of supporters in the police and judiciary.

Amnesty International Report 2014/15 373 In April, Parliament passed legislative FREEDOM OF EXPRESSION amendments granting the National Criminal prosecutions threatening freedom Intelligence Agency (MIT) unprecedented of expression continued to be brought powers of surveillance and its officials near against journalists, activists and other total immunity from prosecution. dissenting voices, despite the adoption of In Soma, western Turkey, 301 miners legislative amendments intended to improve died following an explosion at a coal mine in the law in 2013. Alongside anti-terrorism May. This latest disaster shone a spotlight on provisions, laws on defamation and provoking industrial safety in a country with one of the religious hatred were frequently used. The highest numbers of work-related deaths in independence of the mainstream media the world. continued to be undermined by its close The convictions of military officers for business links with the government. More plotting to overthrow the AK Party government independent-minded journalists were forced in the “Sledgehammer” case were overturned out of their jobs by editors fearful of upsetting by the Constitutional Court on 18 June government and media owners. Press Law 2014, and sent for retrial. The “Ergenekon” gagging orders were used to ban the reporting prosecution against civilians accused of several news stories, including the of plotting to overthrow the government capture of 49 hostages from Turkey’s Mosul continued. Many of the defendants were consulate, on “national security grounds”. released on the grounds that their detention In March, the Parliament passed draconian had exceeded the maximum five-year amendments to the Internet Law increasing term. Other defendants were released the authorities’ powers to ban or block following rulings by the Constitutional Court. content and threatening users’ privacy. Prosecutions targeting Kurdish political Following the amendments, the authorities activists for alleged membership of the used administrative orders to block access PKK-linked Kurdistan Communities Union to Twitter and YouTube after the social media carried on across the country, but many of sites were used to post items embarrassing to the defendants were released from pre- the government ahead of the local elections trial detention. in March. Despite court orders requiring the In August, the serving Prime Minister lifting of the bans, the sites remained blocked became Turkey’s first directly elected for two weeks and two months respectively President, bringing far greater power and until the Constitutional Court ruled that the influence to the role in practice, if not in law. blocking order be lifted. In October, 49 hostages taken from Turkey’s consulate in Mosul, Iraq, were FREEDOM OF ASSEMBLY released after three months by the Islamic The rights of peaceful demonstrators were State armed group. The government refused denied by the authorities, with protests to disclose what was provided to the armed banned, prevented or dispersed with the group. It was alleged that 180 prisoners use of excessive, unnecessary and often in Turkey were released in exchange for punitive force by police officers. People the hostages. who attended demonstrations deemed The two-year-old peace process between unlawful by the authorities faced prosecution, the authorities and the PKK continued but often on trumped-up charges of violent looked shakier than ever in the face of armed conduct. The restrictive Law on Meetings clashes, spillover from the conflicts in Syria and Demonstrations continued to be a and Iraq and lack of any concrete progress. barrier to freedom of peaceful assembly, despite superficial amendments in March. It unfairly restricted the time and location that

374 Amnesty International Report 2014/15 assemblies could take place, while requiring EXCESSIVE USE OF FORCE overly burdensome notification from the Excessive and abusive force by police officers organizers and discounted any possibility of during demonstrations, including the firing of spontaneous demonstrations. tear gas canisters directly at demonstrators On 1 May, 39,000 police and 50 water from close range, and the use of water cannon vehicles were used to prevent cannon and beatings of peaceful protesters, trade unionists and others from marching remained common. Ministry of Interior on Taksim Square, the traditional location guidelines, introduced in June and July 2013 for May Day demonstrations. May Day to combat excessive and unnecessary force, demonstrations had taken place in Taksim were mostly ignored. Square for several years. In 2013 and 2014 In a number of cases, police used live they were banned and clashes ensued ammunition during demonstrations, resulting between police and demonstrators trying to in deaths and injury. reach the square. The authorities announced that Taksim would be permanently off-limits IMPUNITY for all large demonstrations and instead Investigations into abuses by public officials offered two locations outside the centre of the remained ineffective, and the chance of city where demonstrations could take place. securing justice for the victims remote. In the This policy was replicated in other cities absence of the long-promised but never- across Turkey. established independent police complaints In June, the trial of members of Taksim mechanism, police units were effectively Solidarity, an umbrella group of more than responsible for investigating their own alleged 100 organizations, set up to contest the abuses under the instruction of under- redevelopment of Gezi Park and Taksim resourced prosecutors. Police departments Square, started in Istanbul. Five prominent routinely failed to provide the most basic members stood accused of “founding a items of evidence to investigations. criminal organization”, punishable by up to No prosecution was opened against six 15 years in prison, while all 26 defendants police officers who were filmed with a camera were charged with “refusing to disperse from phone beating Hakan Yaman and dragging an unauthorized demonstration” under the him onto a fire, close to the scene of a Gezi Law on Meetings and Demonstrations. The Park demonstration in Istanbul in June 2013.2 trial was continuing at the end of the year.1 In the attack, Hakan Yaman lost his sight in one eye and suffered burns and broken TORTURE AND OTHER ILL-TREATMENT bones for which he underwent six operations. Reported cases of torture in official places At the end of the year, police departments of detention remained far fewer than in had failed to provide the investigation with previous years. More than two years after CCTV footage from the area and photographs the ratification of the Optional Protocol to the of police officers on duty at the time. A UN Convention against Torture, the required parallel administrative investigation concluded domestic implementing mechanism had not without result on the grounds that the police been established. The National Human Rights officers could not be identified, despite the Institution was earmarked by the authorities number of the water cannon vehicle that they for this role but lacked the necessary skills, were operating being clearly visible in mobile resources and guarantees of independence phone footage. to fulfil it. In October, more than 40 people were killed and scores injured in the predominately Kurdish area of southeastern Turkey, during clashes between rival groups and with the

Amnesty International Report 2014/15 375 police, after protests erupted against the Residents in Sarıgöl, a poor district of Islamic State armed group assault on the Istanbul with a significant Roma population, Kurdish city of Kobani in Syria. There were were forcibly evicted from their homes in a numerous reports of the failure to conduct project to replace shanty houses with higher prompt crime scene investigations or to quality residential blocks. The cost of the new question alleged perpetrators of attacks on houses was vastly higher than the majority of rival groups. residents could afford and the compensation In Siirt, Davut Naz died at the scene of for those who lost their houses was a Kobani-related protest on 8 October. The inadequate. Many of the families threatened provincial governor said in a statement that with homelessness by the project did not have he had been killed by demonstrators and title deeds for the land despite living in the died of a neck injury while eyewitnesses neighbourhood for generations. reported that he was shot by police officers with live ammunition. His family reported VIOLENCE AGAINST WOMEN that there were three gunshot wounds but The implementation of the 2012 Law no neck injury to the body. No crime scene on Protection of Family and Prevention investigation was conducted and the criminal of Violence against Women remained investigation into the incident had not inadequate, under-resourced and ineffective progressed by the end of the year. in dealing with domestic violence. A number of women under judicial protection were UNFAIR TRIALS reported to have been killed. The number Legislative amendments in July abolished of shelters for victims of domestic violence the anti-terrorism and organized crime courts remained far below that required by law. with special powers, but those accused of terrorism-related offences still risked REFUGEES AND ASYLUM-SEEKERS conviction without substantive and convincing At the end of the year, the government evidence in ordinary courts. Legislative estimated that there were 1.6 million Syrian amendments in 2013, imposing a maximum refugees in the country, up from 700,000 in limit of five years for pre-trial detention and January.3 The bulk of the financial burden introducing greater protections against its was borne by the Turkish authorities with little unfair use, yielded results and resulted in assistance from the international community. fewer people being held and for less time. More than 220,000 were accommodated The independence of the judiciary was in well-resourced, government-run refugee undermined by changes to the top judicial camps, but many of the more than 1.3 million body, the Higher Council of Judges and refugees living outside camps were destitute Prosecutors, that granted greater powers and received little or no assistance. Despite to the Minister of Justice, and allowed Turkey’s professed “open border policy”, the transfer of hundreds of judges and there were persistent reports of unlawful or prosecutors. abusive force by Turkish border guards at unofficial crossing points, including the use HOUSING RIGHTS of live ammunition, beatings and pushing The central government and municipalities refugees back into war-torn Syria. controlled by all the main political parties An estimated 30,000 Yezidi Kurdish carried out urban transformation projects refugees arrived from Iraq in August, but that failed to uphold the right of residents to unlike the Syrians, they were not afforded a adequate consultation, compensation or the “temporary protection status”, nor the rights provision of alternative housing. and entitlements it brings. The Yezidi refugees joined an estimated 100,000 asylum-seekers

376 Amnesty International Report 2014/15 from other countries residing in Turkey, almost all of whom faced severe delays in the 1. Gezi Park protests: Brutal denial of the right to peaceful assembly in processing of their asylum claims. Turkey (EUR 44/022/2013) www.amnesty.org/en/library/info/EUR44/022/2013/en CONSCIENTIOUS OBJECTORS 2. Gezi Park protests: Brutal denial of the right to peaceful assembly in Turkey did not recognize the right to Turkey (EUR 44/022/2013) conscientious objection to military service www.amnesty.org/en/library/info/EUR44/022/2013/en despite the explicit rulings from the European 3. Struggling to survive: Refugees from Syria in Turkey (EUR Court of Human Rights requiring it to do so. 44/017/2014) Instead, the authorities continued repeatedly www.amnesty.org/en/library/info/EUR44/017/2014/en to prosecute conscientious objectors for “desertion” and other similar offences. In October, a military court convicted 56-year-old conscientious objector Ali Fikri Işık on three counts of desertion, TURKMENISTAN sentencing him to 25 months in prison or a fine of 15,200 liras (US$6,725). His Turkmenistan “desertion” related to his refusal, for reasons Head of state and government: Gurbanguly of conscience, to carry out military service Berdimuhamedov during the 1980s. At 56 he was too old to serve and had already been considered “unfit for military service” by the military authorities. Despite improvements to laws on the An appeal remained pending at the military media and political participation, Supreme Court of Appeals at the end of opposition figures, journalists and human the year. rights defenders continued to suffer harassment by the authorities. Judicial RIGHTS OF LESBIAN, GAY, BISEXUAL, independence was limited; there were TRANSGENDER AND INTERSEX PEOPLE no meaningful appeals procedures, and Lesbian, gay, bisexual, transgender acquittals in criminal trials were rare. and intersex people continued to face Lawyers trying to work independently risked discrimination in employment and in disbarment. Torture and other ill-treatment interactions with the state authorities. No remained widespread. progress was made in bringing provisions to prohibit discrimination on grounds of sexual BACKGROUND orientation and gender identity into the In September 2013 Turkmenistan accepted Constitution or into domestic law. A number of recommendations from the UN Human murders of transgender women were reported Rights Council to co-operate with UN during the year. special procedures. However, the authorities The trial for the murder of Ahmet Yıldız, a severely restricted access to the country gay man killed in a suspected honour killing for international monitors. Turkmenistan in July 2008, failed to make any progress did not respond to requests from Amnesty during 2014, with his father, the single International to visit and there were 10 suspect in the case, remaining at large. The outstanding requests for visits from UN authorities had failed to investigate death special procedures. threats against Ahmet Yıldız ahead of the In the first multi-party elections in murder and to launch a prompt, effective Turkmenistan, the opposition Party of investigation following the killing. Industrialists and Entrepreneurs won parliamentary seats in December 2013.

Amnesty International Report 2014/15 377 However, observers reported that this party methods such as pulling of the genitals with did not represent a genuine challenge to the pliers, electric shocks, and beatings with political leadership and that it proclaimed its chair legs and plastic bottles filled with water. loyalty to President Berdimuhamedov. Reports on prisons included a prisoner being forced to swallow pills and having threats FREEDOM OF EXPRESSION made against his family; incidents of forced Since the passing of the Law on Mass Media rape between prisoners; and shackling of on 4 January 2013, principles of media prisoners serving life sentences. independence and the prohibition on state In January, Geldy Kyarizov, his wife, interference in media activities have been sister-in-law and 12-year-old daughter were enshrined in law. Yet in practice, censorship detained by security officers as they tried to remained extensive and newspapers were travel to seek medical attention. They were owned by ministries that answered to the held for questioning, subjected to ill-treatment President. No genuinely independent and made to sign a paper saying that they newspapers had been registered under the would not lodge an official compliant.1 new law by the end of the year. In practice, Activist Mansur Mingelov went on hunger people were barred from subscribing to strike in prison from 19 May until 8 June to foreign media outlets and access to the demand a retrial.2 He had been sentenced internet was monitored and restricted. Social to 22 years’ imprisonment after an unfair networking websites were frequently blocked. trial shortly after collating and passing to the Human rights activists and journalists Prosecutor General and foreign diplomats in Turkmenistan and in exile came under information about torture and ill-treatment consistent pressure from the Turkmenistani of the Baloch ethnic community in Mary authorities. province in 2012.

FREEDOM OF ASSOCIATION ENFORCED DISAPPEARANCES Unreasonable state interference in public During the 2013 UN Universal Periodic associations’ activities continued. A Review on Turkmenistan, the state rejected Presidential decree in place since January recommendations from the UN Human 2013 required foreign grants to be registered Rights Council to provide information on the with and approved by the government. whereabouts of prisoners who were subjected Funding of activities deemed “political” to enforced disappearance after an alleged was prohibited, as was membership of assassination attempt on then President an unregistered association. The Law Saparmurat Niyazov in November 2002. on Public Associations came into force Non-governmental sources reported that at in May, prohibiting state interference in least eight of those convicted had died in associations, but also providing for substantial detention. The families of the disappeared powers of official monitoring and oversight. continued to be denied all contact with their Registration procedures for associations loved ones and any official information about remained complicated. No organizations their fate or whereabouts for over a decade. in Turkmenistan were openly engaged in independent human rights monitoring or FREEDOM OF MOVEMENT social or political commentary. Although Turkmenistan ended the use of the exit visa system in 2006, in practice arbitrary TORTURE AND OTHER ILL-TREATMENT restrictions on the right to travel abroad for Credible reports of torture and other ill- those who have fallen out of favour with the treatment by security forces against people authorities continued. suspected of criminal offences included

378 Amnesty International Report 2014/15 On 10 April, Ruslan Tukhbatullin was space. Discrimination, harassment and prevented from leaving Turkmenistan to meet violence against lesbian, gay, bisexual, his brother Farid Tukhbatullin and was told transgender and intersex (LGBTI) people he and his nine-year-old son were blacklisted increased. Violence against women for travelling abroad. This was believed to be remained widespread while state hostility in retaliation for Farid Tukhbatullin’s human increased towards civil society organizations rights work.3 and activists working on human rights, oil governance, corruption and land issues. FREEDOM OF RELIGION Religious activity remained strictly controlled. BACKGROUND Religious groups representing Shi’a Muslims, The succession of President Museveni as Catholics, Protestants and Jehovah’s leader of the National Resistance Movement Witnesses faced difficulty in registering (NRM) and head of state dominated national organizations. Six Jehovah’s Witnesses discourse during 2014. In February the NRM imprisoned for conscientious objection were passed a resolution urging party members released in an amnesty in October. One to endorse President Museveni as sole remained in prison. Provisions in the Code candidate in the 2016 presidential elections. of Administrative Offences, which came into The resolution also discouraged leaders force in January, punished the import, export within the party from harbouring presidential and distribution of religious materials. ambitions. In September, Health Minister Ruhakana Rugunda replaced Amama Mbabazi as Prime Minister. 1. Further information: Former prisoner denied urgent medical care - Geldy Kyarizov (EUR 61/001/2014) FREEDOMS OF EXPRESSION, www.amnesty.org/en/library/info/EUR61/001/2014/en ASSEMBLY AND ASSOCIATION 2. Urgent Action: Man to return to prison where he was beaten - Mansur Restrictions on freedom of expression, Mingelov (EUR 61/002/2014) peaceful assembly and association continued. www.amnesty.org/en/library/info/EUR61/002/2014/en The Public Order Management Act (POMA), 3. Turkmenistan: Activist’s family barred from travel abroad, brother of which came into force in November 2013, exiled rights defender halted at the airport (NWS 11/094/2014) was used to impose wide-ranging restrictions www.amnesty.ca/news/news-releases/turkmenistan- on public meetings. It gave the police powers activist%E2%80%99s-family-barred-from-travel-abroad-brother- to prohibit and disperse public gatherings of-exiled-rights of a political nature. A petition challenging the POMA’s constitutionality filed with the Constitutional Court in December 2013 remained pending. The POMA was used in the first quarter UGANDA of 2014 to disperse peaceful assemblies organized as part of the Free and Fair Republic of Uganda Elections Now campaign and arrest political Head of state and government: Yoweri Kaguta activists. Often, those arrested were not Museveni charged. In April, the Free and Fair Elections Now campaign steering team held a meeting with the Minister of Internal Affairs. The police Restrictions on freedoms of expression, did not interrupt subsequent rallies convened peaceful assembly and association by the group. continued as the authorities used repressive On 26 February, police declared illegal and and discriminatory legislation to stifle civil dispersed a peaceful protest organized by the

Amnesty International Report 2014/15 379 End Miniskirt Harassment Coalition outside and association. The High Court ruled that the National Theatre in the capital, Kampala. the applicants had not suffered any unlawful On 22 March in Mbale city, the police used infringement of their rights and that they tear gas and fired live ammunition into the had participated in promoting “homosexual air to disperse crowds of people who were practices” which were offences against marching to the venue of a rally organized by morality under the Penal Code. the Free and Fair Elections Now campaign team. Police said that the rally’s organizers RIGHTS OF LESBIAN, GAY, BISEXUAL, had not given the notification required under TRANSGENDER AND INTERSEX PEOPLE the POMA. In February, President Museveni signed the On 27 March, the police prevented Bishop 2009 Anti-Homosexuality Bill into law. In Zac Niringiye, the retired Assistant Bishop of August, the Constitutional Court declared Kampala and anti-corruption activist, from the law null and void on the grounds that speaking at Kabale University in western there was no quorum in Parliament when it Uganda and participating in a scheduled was passed. Discrimination, arbitrary arrests, broadcast on Kabale’s Voice of Kigezi radio harassment and violence against LGBTI station. Police told Amnesty International people increased during the five months that that they acted because Bishop Zac had not the Anti-Homosexuality Act (AHA) was in received authorization from the university force. LGBTI support organizations observed to hold a meeting on its premises and the a sharp increase in the number of arrests of scheduled radio show could incite violence. LGBTI people under the AHA. Some LGBTI During the year the police stopped peaceful people were arrested by police when reporting demonstrations by a group of unemployed a crime or when visiting a friend or colleague young people referring to themselves as in detention. Many were held without charge the Jobless Brotherhood. On 17 June, for longer than the 48-hour maximum two members of the Jobless Brotherhood, stipulated by the Constitution. Those arrested Norman Tumuhimbise and Robert Mayanja, reported ill-treatment in detention, including were arrested after they entered Parliament being subjected to physical and sexual with two piglets to protest against corruption assaults, stripping, groping and forced anal and high youth unemployment. They were examinations. A number of transgender later charged with criminal trespass among individuals were stripped naked and paraded other charges. On 4 August, nine members by the police in front of the media. Some of the Jobless Brotherhood, carrying a coffin, HIV-positive detainees were denied access to were arrested as they demonstrated at the anti-retroviral medication. Independence Monument in Kampala. They The authorities also targeted organizations were charged with participating in an unlawful providing services to LGBTI people. assembly. In October, Norman Tumuhimbise In March, the authorities suspended the and Robert Mayanja were arrested following work of the Refugee Law Project (RLP) in another demonstration in Kampala refugee camps and settlements pending involving piglets. investigations into allegations that the In June, the High Court issued its judgment organization was “promoting homosexuality“, in a case challenging the constitutionality an offence under the AHA. of the February 2012 forced closure of In May, the suspension was extended to an LGBTI activists’ workshop in the town cover all RLP work relating to refugees and of Entebbe by the Minister of Ethics and asylum-seekers. The suspension continued Integrity. The applicants argued that the to stand even after the Constitutional Court Minister’s action violated their rights including nullified the AHA. freedom of expression, peaceful assembly

380 Amnesty International Report 2014/15 On 3 April, police raided the Makerere Police officers also used the APA to University Walter Reed Project, an HIV harass women. research project run in partnership between In February, Patience Akumu, a journalist Makerere University and the US Military and women’s rights activist, was briefly HIV Research Program. One employee was refused entry into Naguru police station taken into custody on suspicion of “recruiting because of the way she was dressed. homosexuals” but was subsequently released. In February, Lilian Drabo, a lawyer based The clinic was temporarily closed. in Kampala, was threatened with arrest The AHA legitimized abuses and violence because of her clothing at the Nakawa Court against LGBTI people by non-state actors in Kampala. The management of the Nakawa whose actions went largely unpunished. One High Court Central Circuit had put up a notice transgender woman was killed and another warning that it would not tolerate indecent raped. Evictions, threats and blackmail were apparel on court premises. the most common abuses against LGBTI A petition filed in May challenging the people. Increased threat levels for LGBTI constitutionality of the APA remained people led some to flee Uganda. The AHA pending. The then Prime Minister’s restricted the ability of LGBTI people to commitment in February to review the APA access health care, especially HIV/AIDS and had not been implemented by the end of sexual health care. In one positive move, the the year. Ministry of Health issued a directive in June reaffirming the government’s commitment to RIGHT TO HEALTH – ACCESS TO HIV/ provide health services without discrimination, AIDS HEALTH CARE SERVICES including on the basis of sexual orientation. In July, President Museveni signed into law In October, the Chief Magistrates Court at the HIV/AIDS Prevention and Control Act. Buganda Road, Kampala, dismissed charges The Act criminalized HIV transmission and against Mukisa Kim, a gay man, and Mukasa exposure and provided for mandatory HIV Jackson, a transgender woman, after the testing. The Act allowed unjustified breaches prosecution repeatedly failed to confirm they of the right to confidentiality. Local and were ready to proceed with the trial. Mukisa international NGOs raised concerns that Kim had been charged under the Penal Code women in particular would be impacted with “having carnal knowledge of a person adversely and disproportionately by the against the order of nature”, while Mukasa implementation of the Act. Jackson had been charged with “permitting a male person to have carnal knowledge against HUMAN RIGHTS DEFENDERS the order of nature”. Civil society organizations and activists working on human rights, oil governance, VIOLENCE AGAINST WOMEN AND GIRLS corruption and land issues continued to President Museveni signed the Anti- face threats to their work. NGO offices and Pornography Act (APA) into law on 6 staff came under surveillance while several February. Immediately after the signing, organizations reported receiving threats. women whom the public deemed to be The offices of a number of organizations dressed indecently were attacked, stripped including ActionAid Uganda, Foundation and beaten by mobs in the streets. The for Human Rights Initiative, Human Rights police confirmed four incidents in Kampala Network-Uganda (HURINET-U) and the city centre but failed to record them or Anti-corruption Coalition of Uganda were the victims’ particulars in the official crime broken into by unidentified individuals. records, or to arrest the perpetrators of The break-ins appeared to be attempts to the attacks. access information on the organizations’

Amnesty International Report 2014/15 381 human rights and governance work. Police Kony, the Lord’s Resistance Army (LRA) investigations into most of these break-ins leader, and three LRA commanders. The men remained pending. were still at large at the end of the year. On the night of 5 May, the offices of Former LRA commander Thomas Kwoyelo, HURINET-U were broken into. A server, who in 2011 pleaded not guilty before the 29 computers, office cameras, safes, and International Crimes Division of the High security cameras were stolen. Court to charges of murder, wilful killing and On the night of 17 May, the offices of other offences committed in the context of the Uganda Land Alliance were broken the conflict in northern Uganda, remained into. Documents, computers and cameras remanded in prison. The government appeal were stolen. against the Constitutional Court’s decision A petition challenging the constitutionality that Thomas Kwoyelo was entitled to amnesty of the Non-Governmental Organizations under the Amnesty Act of 2000 remained Registration (Amendment) Act filed in 2006 pending before the Supreme Court. A remained pending. Proposals made in 2013 complaint submitted by Thomas Kwoyelo to further amend the NGO Law ostensibly to to the African Commission on Human and expand government control over NGO funding Peoples’ Rights challenging his continued and activities remained pending before the detention by the Ugandan government Cabinet. Authorities also proposed a Civic remained pending. Education Policy which if adopted would mean that any programmes to provide civic education – including on human rights – would need accreditation at the district level. Organizations deemed in breach of the policy UKRAINE could have their activities suspended for up to six months, have their accreditation revoked, Ukraine or even blacklisted. Head of state: Petro Poroshenko (replaced Oleksandr Turchynov in June, who replaced Viktor POLICE AND SECURITY FORCES Yanukovych in February) In July, groups of armed men staged violent Head of government: Arseniy Yatsenyuk (replaced attacks mainly on police posts in Bundibugyo, Mykola Azarov in February) Kasese and Ntoroko. At least 65 people were killed in the attacks, including civilians, some of the attackers, and members of the police Violence resulting from the protests in the force and the army. Following the outbreak capital Kyiv and later in eastern Ukraine of conflict in South Sudan, Ugandan troops escalated into a civil conflict with Russian were deployed to Juba city in December 2013 involvement. Violations by police, including in response to a request by the South Sudan torture and other ill-treatment as well as government to help secure the capital. In abusive use of force during demonstrations, January, Ugandan troops were present in Bor, continued with near-total impunity for the Jonglei state, where they supported the South perpetrators, while investigations into such Sudan authorities to regain control of the incidents remained ineffective. Abductions city from opposition forces. Ugandan troops of individuals were carried out, particularly remained in South Sudan throughout 2014. by pro-Russian paramilitaries in the occupied Autonomous Republic of Crimea INTERNATIONAL JUSTICE and by both warring sides in eastern Ukraine International Criminal Court arrest warrants affected by conflict. Both sides violated the issued in 2005 remained in force for Joseph laws of war. In Crimea, Russian restrictions

382 Amnesty International Report 2014/15 on the rights to freedom of expression, headquarters, in the cities of Donetsk and assembly and association were fully applied, Luhansk and several smaller towns, effectively and pro-Ukrainian activists and members of taking control over large parts of Donbass. the Crimean Tatar community were targeted On 15 April, the government announced the by paramilitaries and persecuted by the de beginning of an “anti-terrorist operation”. facto authorities. The situation rapidly escalated into an armed conflict between government forces BACKGROUND and separatist armed groups supported by Pro-European demonstrations in Kyiv Russia. Pro-Kyiv forces were making steady (“EuroMaydan”) sparked in 2013 by the advances until late August when Russia government’s decision not to sign an stepped up its covert military involvement in Association Agreement with the EU, resulted Ukraine.1 A ceasefire between the warring in the ousting of President Yanukovych sides was agreed at negotiations in Belarus in on 22 February. Following the violent September, although fighting continued on a dispersal by police of the initially peaceful reduced scale, resulting in the deaths of more demonstration on the night of 29 November than 4,000 people by the end of the year. 2013, the demonstrators became increasingly After the de facto authorities in Donetsk and radicalized. Protesters erected tents on the Luhansk held “elections” on 2 November, central Independence Square and occupied Kyiv withdrew its offer of limited devolution for several buildings. While most protesters the region. remained peaceful, violence by both sides Early presidential and parliamentary escalated. At least 85 demonstrators and elections were held on 25 May and 26 18 police officers died as a direct result October respectively, returning pro-European of violence at EuroMaydan in Kyiv, and parties and politicians to power. On 16 hundreds were injured. September the European Parliament and the After Viktor Yanukovych secretly left Ukrainian parliament ratified the Association Ukraine and an interim government was Agreement with the EU, but it had not been formed, increasingly violent protests began in agreed by all EU member states by the end the predominantly Russian-speaking Donbass of the year. region in eastern Ukraine. In Crimea, buildings belonging to the local authorities IMPUNITY – EUROMAYDAN were occupied by armed paramilitaries calling The three months of EuroMaydan themselves “self-defence forces” on the night demonstrations shone a spotlight on the of 26 to 27 February. Jointly with members of systemic problem of impunity for the abusive regular Russian forces they blocked Ukrainian use of force, and for torture and other ill- military installations across the peninsula, and treatment of individuals by law enforcement on 27 February, in the presence of armed officers in Ukraine. Riot police first used men, the Crimean parliament elected a new force against entirely peaceful protesters on leadership. A “referendum” was called on 16 30 November 2013, when they refused to March on the status of Crimea. Participants disperse, resulting in dozens of injuries and overwhelmingly voted in favour of unification the brief detention of 35 peaceful protesters with Russia while opponents boycotted it. On on charges of hooliganism. In response to 18 March, the de facto authorities of Crimea widespread condemnation, the authorities signed a “treaty” in Moscow resulting in its dismissed a senior Kyiv police official and annexation by Russia. reportedly initiated criminal proceedings By April, armed opponents of the new against him and four others, but these were government in Kyiv had occupied government never brought to any conclusion. In the buildings, including police and security subsequent weeks and months, the police

Amnesty International Report 2014/15 383 repeatedly resorted to the abusive use of in April to review EuroMaydan-related force at EuroMaydan as well as making investigations. It had not reported on the arbitrary arrests and attempting to initiate progress of the investigations by the end of arbitrary criminal proceedings against the year. demonstrators.2 Eventually, firearms with live ammunition, including sniper rifles, were ABDUCTIONS, DISAPPEARANCES deployed at the demonstrations, although AND KILLINGS it remained unclear which forces had used During the protests in Kyiv, several dozen them and under whose orders they had EuroMaydan activists went missing. While the acted. The head of the Ukrainian Security fate of over 20 remained unclarified at the Services (SBU) stated in November that 16 end of the year, it transpired that some were former riot police officers and five senior SBU abducted and ill-treated. In December, the officials had been arrested in connection with Prosecutor General’s Office reported that 11 the killings of protesters in Kyiv. men suspected of abducting EuroMaydan After the downfall of Viktor Yanukovych, activists had been arrested and several others the new authorities publicly committed to placed on a wanted list. None were law effectively investigating and prosecuting those enforcement officials, although they allegedly responsible for deaths during EuroMaydan acted under orders from former senior and all the abuses against protesters. police officials. However, apart from indicting former senior Yury Verbytsky and Igor Lutsenko went political leadership, few if any concrete steps missing on 21 January, from hospital. Igor were taken in this direction. Lutsenko reported that he was blindfolded Only two law enforcement officers stood and beaten by his captors, and then dumped trial for torture and other ill-treatment during in a forest in freezing temperatures. Yury EuroMaydan, both low-ranking conscripts Verbytsky was found dead in a forest, his from the Interior Ministry Troops. On 28 ribs broken, with traces of duct tape around May, they were given suspended sentences his head. of three and two years respectively for Abductions and ill-treatment of captives “exceeding authority or official powers” were common in Russian-occupied Crimea (Article 365 of the Criminal Code) for their and the parts of eastern Ukraine controlled ill-treatment of Mykhaylo Havryliuk on 22 by separatists, affecting several hundred January 2014. Video footage shows Mykhaylo people. Among the first people targeted Havryliuk being forced to stand naked in were members of local administrations, sub-zero temperatures in front of dozens of pro-Ukrainian political activists, journalists officers from both Interior Ministry Troops and international observers. In a press and riot police; many can be seen actively conference on 23 April, the then self- humiliating him by forcing him to pose for proclaimed “people’s mayor” of Slovyansk, photographs before he is pushed into a bus. Vyacheslav Ponomarev, acknowledged that Victims in 20 cases of abusive of use of separatists were holding a number of people force by police in EuroMaydan monitored by as “bargaining chips”. Subsequently, several Amnesty International were frustrated by the hundred captives were exchanged between slow speed or apparent lack of investigation the separatists and the Ukrainian authorities. into their allegations, the failure of the Others were held for private ransom. Sasha, authorities to identify the perpetrators and a 19-year-old pro-Kyiv activist, was abducted poor communication from the Prosecutor’s by members of an armed group in Luhansk Office.3 on 12 June. Beaten continuously for 24 hours An International Advisory Panel on Ukraine and tortured with electric shocks, he was was established by the Council of Europe

384 Amnesty International Report 2014/15 released after his father reportedly paid a In November, the first court hearings began US$60,000 ransom. in one of the related cases against 21 men, Allegations of abductions were repeatedly all of them pro-Russian activists, under made against members of pro-Kyiv forces, charges relating to mass disorder and particularly so-called volunteer battalions unlawful use of firearms and explosives. The deployed to fight alongside regular forces secrecy surrounding the official investigations in Donbass. Several cases of abuses by prompted concern about their effectiveness Aidar battalion were documented between and impartiality. June and August in Luhansk Region. These included abductions of local men accused of ARMED CONFLICT collaborating with the separatists and holding Over 4,000 people had died in the conflict them in makeshift detention facilities before in eastern Ukraine by the end of the year. either releasing them or handing them over Many civilian deaths resulted from the to security services. In nearly all cases the indiscriminate use of force by both sides, captives were subjected to beatings, and had notably as a result of the use of unguided possessions, including cars and valuables, mortars and rockets in civilian areas. seized by the battalion members or had to Both sides failed to take reasonable pay a ransom for their release.4 precautions to protect civilians, in violation of MP Oleh Lyashko published several videos the laws of war.6Both placed troops, weaponry online of him leading a group of armed men and other military targets in residential in balaclavas apprehending, interrogating areas. On numerous occasions, separatist and ill-treating individuals he suspected of forces used residential areas and buildings collaborating with separatists. No criminal as firing positions, while pro-Kyiv forces investigation was initiated into his actions. returned fire to these positions. There was He won a seat again at the parliamentary little indication that either side was seriously elections in October and his party entered the investigating alleged violations of international ruling coalition. humanitarian law and possible war crimes by There was evidence of summary killings by its own forces. each side in the conflict. Several separatist On 17 July, separatist forces reported the commanders boasted of having put captives destruction of a Ukrainian military plane. to death for alleged crimes, and the de facto When it transpired that a Malaysian Airlines separatist authorities introduced the “death civilian passenger jet had been shot down, penalty” in their “criminal code”.5 killing nearly 300 people, the claim was retracted, with both sides since blaming the COMMUNAL VIOLENCE other for the act. An international investigation With tensions affecting many regions of into the incident was ongoing by the end of the country, demonstrators for and against the year. the post-Yanukovych authorities clashed repeatedly in several cities, with police often DISPLACED PEOPLE failing to interfere or deal effectively with the Those escaping the Russian occupation of resulting violence. Crimea – around 20,000 – received some In Odessa, on 2 May, 48 anti-EuroMaydan state support for resettlement. Close to protesters were killed, and over 200 injured, a million people were estimated to have inside a burning building besieged by their been displaced as a result of the conflict in opponents during violent clashes. Police Donbass, around half of them internally and failed to take effective action to prevent the rest mainly in Russia. In Ukraine, most or contain the violence. Several criminal received limited state support and relied on investigations into these events were opened. their own means, family networks and the

Amnesty International Report 2014/15 385 assistance of volunteer organizations. The return until the late 1980s), were particularly adoption of a law on internally displaced targeted by the de facto authorities for the people, in October, had changed little on the public expression of pro-Ukrainian views. ground by the end of the year. Starting in March, there were a number of abductions and beatings of Crimean Tatars CRIMEA which the de facto authorities failed to Following Russia’s annexation of Crimea investigate. in March, its restrictive laws were used to On 3 March Reshat Ametov, a Crimean suppress the rights to freedom of assembly, Tatar, was led away by three men from the association and expression in the territory. “self-defence” forces after staging a one- Civil society organizations were effectively man protest in front of the Crimean Council closed down for non-compliance with Russian of Ministers building in the region’s capital legal requirements. Local residents were Simferopol. His body was found almost two declared Russian citizens. Those wishing to weeks later, showing signs of torture. His retain Ukrainian citizenship were required to abductors were not identified. notify the authorities. The de facto authorities started a campaign The self-styled “self-defence” paramilitary to close the Mejlis, a body elected by the forces committed numerous grave abuses, Crimean Tatar assembly (Kurultai) and including enforced disappearances, with recognized by the Ukrainian authorities as the impunity. De facto Prime Minister of Crimea, representative organ of the Tatar community. Sergei Aksionov, stated that although these Mustafa Dzhemiliev, a veteran human paramilitaries had no official status or rights defender and founder of the Mejlis, authority, his government relied on them was banned from entering Crimea. He was and chose “sometimes to overlook” abuses repeatedly denied entry, including on 3 May committed by them. when he tried to cross through a checkpoint There were numerous reports of at Armyansk. Hundreds of Crimean Tatars abductions of pro-Ukrainian activists came to meet him. The de facto authorities in Crimea. claimed that this was an unlawful assembly, EuroMaydan activists Oleksandra and dozens of participants were fined. The Ryazantseva and Kateryna Butko were homes of several Crimean Tatar leaders were abducted on 9 March after being stopped subsequently searched and at least four at a checkpoint, reportedly manned by riot Crimean Tatars were arrested, charged with police officers and Crimean “self-defence” “extremism” and transferred to Russia for paramilitaries armed with guns and knives. investigation. They were released on 12 March.7 On 5 July, Refat Chubarov, who succeeded , a well known pro-Ukrainian Mustafa Dzhemiliev as the leader of the activist and film director, was secretly arrested Mejlis, was also prevented from returning to by Russian security officials in Crimea Crimea and banned for five years. The newly on 9 May and unlawfully transferred to appointed de facto Prosecutor of Crimea Moscow, along with several other individuals. travelled to the border crossing to warn him Criminal proceedings against him – under that the activities of the Mejlis violated the terrorism-related charges that appeared Russian law on extremism. On 19 September, groundless – were conducted in secrecy, and the Russian authorities confiscated the his allegations of torture dismissed by the headquarters of the Mejlis on the grounds authorities. that its founder (Mustafa Dzhemiliev) was a Crimean Tatars, an ethnic group indigenous foreign citizen, who had been banned from to the peninsula (deported to remote parts of entering Russia. the Soviet Union in 1944 and not allowed to

386 Amnesty International Report 2014/15 On 16 May, just two days before the planned annual events to mark the 70th UNITED ARAB anniversary of the deportation of Crimean Tatars in 1944, the de facto Prime Minister EMIRATES of Crimea announced that all mass meetings in Crimea would be banned until 6 June, United Arab Emirates in order to “eliminate possible provocations Head of state: Sheikh Khalifa bin Zayed Al Nahyan by extremists” and to prevent “disruption Head of government: Sheikh Mohammed bin Rashid of the summer holiday season”. Just one Al Maktoum commemorative Crimean Tatar event was allowed on the day, on the outskirts of Simferopol, with a heavy police presence. The government restricted the rights to freedom of expression and association, RIGHTS OF LESBIAN, GAY, BISEXUAL, and prosecuted critics using provisions of TRANSGENDER AND INTERSEX PEOPLE the Penal Code and the 2012 cybercrimes An LGBTI Pride March planned for 5 July in law. Prisoners of conscience continued to Kyiv was cancelled after the police told the be held after unfair trials in which courts organizing committee that they could not accepted evidence allegedly obtained secure the safety of participants in the face of through torture and other violations of expected counter-demonstrations. The newly their rights. Women faced discrimination elected Mayor of Kyiv, Vitaliy Klychko, stated in law and practice. Migrants, especially on 27 June that this was not the time for such women domestic workers, were inadequately “entertainment events” in Ukraine. protected by law and faced exploitation and abuse. The government declared a partial moratorium on executions after carrying out 1. Ukraine: Mounting evidence of war crimes and Russian involvement an execution in January. (News story) www.amnesty.org/en/news/ukraine-mounting-evidence-war-crimes- BACKGROUND and-russian-involvement-2014-09-05 The Federal National Council approved a draft 2. Ukraine: Kyiv protest ban blatant attempt to “gag peaceful child rights law. It was awaiting presidential protesters” (News story) approval at the end of the year. In April, a www.amnesty.org.uk/press-releases/ukraine-kiev-protest-ban- government minister announced that the blatant-attempt-gag-peaceful-protesters authorities were preparing a law to regulate 3. Ukraine: a new country or business as usual? (EUR 50/028/2014) the activities of foreign NGOs. No draft had www.amnesty.org/en/documents/EUR50/028/2014/en/ been published by the end of the year. 4. Ukraine: Abuses and war crimes by the AidarVolunteer Battalion in the north Luhansk region (EUR 50/040/2014) FREEDOMS OF EXPRESSION, www.amnesty.org/en/documents/EUR50/040/2014/en/ ASSOCIATION AND ASSEMBLY 5. Summary: killings during the conflict in eastern Ukraine (EUR The authorities used provisions of the Penal 50/042/2014) Code and the cybercrimes law of 2012 to www.amnesty.org/en/library/info/EUR50/042/2014/en stifle dissent and to prosecute and imprison 6. Eastern Ukraine: Both sides responsible for indiscriminate attacks government critics on charges including (Press release) “instigating hatred against the state”, and www.amnesty.org/en/articles/news/2014/11/eastern-ukraine-both- “contacting foreign organizations”, based on sides-responsible-indiscriminate-attacks/ comments they had posted on social media. 7. Ukraine: Journalists at risk of abduction in Crimea (EUR 50/015/2014) Those imprisoned included Osama al-Najjar, www.amnesty.org/en/library/info/EUR50/015/2014/en who was prosecuted on charges arising from his use of Twitter to campaign for the

Amnesty International Report 2014/15 387 release of his father, Hussain Ali al-Najjar lights, sleep deprivation, and threats of rape al-Hammadi. and death. Hussain Ali al-Najjar al-Hammadi and 60 In September, UAE authorities forcibly others associated with al-, the Reform returned an Ethiopian national, despite fears and Social Guidance Association, remained that he would face torture in Ethiopia. in prison serving sentences of up to 10 years. They were convicted on national security COUNTER-TERROR AND SECURITY charges in July 2013 after the unfair “UAE The authorities detained scores of people, 94” trial before the State Security Chamber of including foreign nationals, as terrorism the Federal Supreme Court (FSC). The Court suspects and held them in undisclosed failed to investigate allegations that some locations without access to their families or defendants were tortured during months legal counsel, often for long periods. of pre-trial incommunicado detention to In January, the State Security Chamber obtain “confessions” that formed the basis of the FSC imposed prison terms of up to of the prosecution case against them, and five years on 10 Emiratis and 20 Egyptians which the court accepted as evidence. The after convicting them of secretly establishing defendants were denied a right of appeal, in an “international branch” of the Muslim breach of international fair trial standards. Brotherhood in the UAE. The 10 Emiratis They included prisoners of conscience were already serving lengthy prison terms Mohammed al-Roken, a prominent human imposed at the end of the “UAE 94” trial rights lawyer, former judge Ahmed al-Zaabi, in July 2013. Their trial did not meet and bloggers Saleh Mohammed al-Dhufairi international fair trial standards. and Khalifa al-Nuaimi. The UN Working In March, the FSC convicted three men on Group on Arbitrary Detention stated that the charges including “financially and morally” 61 defendants imprisoned were victims of supporting al-Islah, sentencing two Emiratis to arbitrary arrest and detention, and urged the five-year prison terms and a Qatari national to government to release them and afford them seven years’ imprisonment. The defendants appropriate reparation. denied the charges but were convicted on the In February, after visiting the United Arab basis of “confessions” that they said security Emirates (UAE), the UN Special Rapporteur officials had obtained from them under torture on the independence of judges and lawyers or other duress. urged the government to conduct an In June, the FSC convicted seven foreign independent investigation into allegations of nationals on terrorism-related charges, torture of detainees and institute a right of imposing sentences of between seven years’ appeal in cases heard in first instance by the and life imprisonment, and in September the FSC, among other reforms. Court began trying 15 defendants accused of involvement with armed groups participating TORTURE AND OTHER ILL-TREATMENT in the Syrian conflict. In December, 11 of the The authorities failed to conduct independent defendants were convicted and sentenced to investigations into allegations of torture and between three years’ and life imprisonment; other ill-treatment made by defendants in the others were acquitted. trials before the State Security Chamber of A new anti-terrorism law enacted in August the FSC in 2013 and 2014 and by several prescribed severe penalties, including death, British nationals detained by police on for people convicted of terrorism, defined suspicion of drugs offences. Reported broadly to include any acts resulting in a methods of torture and other ill-treatment “terrorist outcome,” such as declaring by any included beating, electric shocks, exposure to public means “enmity to the state or regime” extreme temperatures and continuous bright or “non-allegiance to its leadership”.

388 Amnesty International Report 2014/15 In November, the government declared and ascertain whether they would accept al-Islah and more than 80 other groups “blood money” for their relatives’ deaths. In “terrorist” organizations; they included many May, press reports indicated that a court in armed groups active in other countries as well sentenced a woman to death by as several Muslim aid organizations. stoning for adultery.

WOMEN’S RIGHTS Women faced discrimination in law and practice. The UN Special Rapporteur on the independence of judges and lawyers recorded UNITED KINGDOM “institutionalized gender discrimination within the administration of justice”. She highlighted United Kingdom of Great Britain and Northern that women were not allowed to become Ireland federal court judges, in violation of CEDAW, to Head of state: Queen Elizabeth II which the UAE is a party. Head of government: David Cameron

MIGRANT WORKER’S RIGHTS Despite protective provisions in the 1980 The Prime Minister confirmed that a Labour Law and subsequent decrees, foreign Conservative Party government would repeal migrant workers were exploited and abused. the Human Rights Act if elected in 2015. Many workers, who had generally paid fees Allegations of torture in relation to counter- to recruiting agents, reported that they were terrorism operations overseas remained deceived over the terms and conditions of unresolved. The government passed their work. Construction workers often lived in legislation extending communications poor and inadequate accommodation, while data interception powers. Accountability few held their own passports. Late payment mechanisms for historical human rights or non-payment of wages was common. The violations and abuses in Northern kafala sponsorship system made workers Ireland remained inadequate. Access to vulnerable to abuse by employers, while those abortion remained extremely limited in involved in collective action such as strikes or Northern Ireland. sit-ins were liable to arrest and deportation. Domestic workers, mostly women from LEGAL, CONSTITUTIONAL OR Asia, continued to be excluded from the INSTITUTIONAL DEVELOPMENTS protections afforded to other migrant workers, In a referendum held in Scotland and faced physical violence, confinement in September, voters opted against to places of work and labour abuses. The independence. authorities had been considering a draft law Charities and civil society organizations on domestic workers since at least 2012 but expressed concerns about the Transparency did not enact it in 2014. of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, which DEATH PENALTY entered into force in September. The Act Courts continued to impose death sentences, could significantly restrict their public-facing mostly for murder. In January, the authorities campaigning in a “regulated period” leading in Sharjah emirate executed a Sri Lankan up to a national election. man by firing squad. The following month, The effects of cuts to legal aid made in the President declared a stay on all 2012 and 2013, including under the Legal pending executions for murder to enable Aid, Sentencing and Punishment of Offenders the authorities to contact victims’ families Act, continued to restrict access to justice.

Amnesty International Report 2014/15 389 Legislation introduced to restrict judicial In July 2013, the UK authorities deported review raised similar concerns. Abu Qatada to Jordan where the State In October, Prime Minister Cameron Security Court failed to disregard torture- confirmed that, if elected, a Conservative tainted “confessions” in two criminal trials Party government would repeal the Human against him (see Jordan entry). In July 2014, Rights Act and replace it with a British Bill of the Court of Appeal heard an appeal by Rights, with a view to limiting the influence of eight Algerian nationals against a January the European Court of Human Rights. Draft 2013 decision by the Special Immigration proposals threatened significant restrictions Appeals Commission to allow their deportation on rights. with assurances. Armed forces in Iraq TORTURE AND OTHER ILL-TREATMENT In May 2013, the High Court ruled that the Detainee Inquiry Iraq Historic Allegations Team (IHAT), a In December 2013, a report of the Detainee unit within the Ministry of Defence set up Inquiry’s preparatory work was published, to investigate allegations of abuses of Iraqi 23 months after the Justice Secretary’s civilians by UK armed forces between March closure of an inquiry into allegations of UK 2003 and July 2009, was failing to meet its involvement in torture and other violations obligations to uphold the right to life. The against individuals detained abroad in judge ruled that small inquiries modelled counter-terrorism operations. The report set on inquests were needed, but rejected the out lines of investigation for any future inquiry. claimants’ arguments that IHAT lacked The government announced that the matters independence and should be replaced by a raised by the Detainee Inquiry’s report single, public inquiry. would be addressed by the parliamentary In May 2014, the Prosecutor of the Intelligence and Security Committee, rather International Criminal Court reopened a than by an independent, public inquiry.1 The preliminary investigation into allegations that government deferred indefinitely the prospect UK armed forces committed war crimes of any new, independent, judge-led inquiry. involving systematic detainee abuse in Iraq. Libyan renditions In November, a High Court judge ruled that On 30 October, the Court of Appeal ruled two Pakistani men captured by UK forces in that there were compelling reasons requiring Iraq in 2004 and subsequently transferred it to exercise jurisdiction over a civil claim to US custody in Afghanistan, had the right brought by married couple Abdul Hakim to sue the UK government in UK courts Belhaj and Fatima Boudchar, who alleged for damages. that they were victims of rendition, torture In December, the Al-Sweady Inquiry, and other ill-treatment in 2004 by the US and established in 2009 to examine allegations Libyan governments, with the knowledge and that British soldiers tortured or ill-treated nine co-operation of UK officials.2 The government Iraqi detainees after a battle near the town appealed against the decision. of Majar al-Kabir in southern Iraq in 2004, Diplomatic assurances published its findings. The report found The government continued to rely on the most serious allegations to be “wholly unreliable and unenforceable diplomatic without foundation”, but acknowledged that assurances when seeking to deport detainee handling practices had been “less individuals allegedly posing a threat to than satisfactory” and “developed on an ad national security to countries where they hoc basis”, and compounded by the lack of would be at risk of grave human rights guidance for soldiers. violations, including torture.

390 Amnesty International Report 2014/15 COUNTER-TERROR AND SECURITY In July 2013, Her Majesty’s Inspectorate In October 2013, the Supreme Court stated its of Constabulary had found that the HET concern about the excessively broad statutory reviewed cases involving the state with less definition of terrorism in the case of R v. rigour than non-state cases. The transfer, Gul, referring to reports by the Independent announced in December, of some of HET’s Reviewer of Terrorism Legislation. In February work to a Legacy Investigative Branch within 2014, however, the High Court held that the the Police Service of Northern Ireland (PSNI) decision to stop, question and detain David prompted concerns over the independence of Miranda, the spouse of journalist Glenn future case reviews. Greenwald, in August 2013 under Schedule Positive reforms to the Office of the Police 7 of the Terrorism Act 2000 had been Ombudsman for Northern Ireland (OPONI) lawful and proportionate. The decision was continued throughout 2013 and 2014. A appealed against. The Independent Reviewer 30 September report by Criminal Justice reiterated his call for narrowing the definitions Inspection Northern Ireland found that of “terrorism” and “terrorism-related activity” confidence in the OPONI’s investigation of during the year. historical cases had been “fully restored”. In October, the prosecution of UK national However, on the same day, cuts to the Moazzam Begg collapsed. He was on trial for OPONI’s budget led to a loss of 25% of seven terrorism-related offences relating to staff working on legacy cases, and serious Syria. The prosecution offered no evidence at concerns about the OPONI’s ability to trial after receiving new information, allegedly complete “legacy” casework. from the British security service MI5. The trial Under-resourcing and delays to Northern judge formally entered “not guilty” judgments Ireland’s coronial inquest system remained on all seven charges.3 endemic. In a November judgment, the Lord In November, the government introduced Chief Justice of Northern Ireland noted that the Counter-Terrorism and Security Bill as the legislative failure to remedy deficiencies in fast-tracked legislation. The proposed powers the inquest system were preventing coroners included restricting the travel of people from exercising their role satisfactorily and suspected of involvement in terrorism-related expeditiously. activity, including exclusion of certain UK The government remained unwilling residents who refuse to agree to government- to establish public inquiries into legacy imposed conditions on their return home. It cases. In September 2013, the Northern also added powers under existing Terrorism Ireland Secretary refused to establish an Prevention and Investigation Measures, inquiry into the August 1998 bombing by restricting the liberty, movement and activities the Real IRA armed group in Omagh. The of people believed to pose a threat to government continued to refuse to establish national security. an independent inquiry into the 1989 killing of Belfast solicitor Patrick Finucane.4 NORTHERN IRELAND In September 2013, inter-party talks The mechanisms and institutions mandated chaired by former US diplomat Richard to address “legacy” (conflict-related or Haass began with the aim of reaching historical) human rights violations in previous agreement on parades and protests; the use decades operated in a fragmented and of flags, symbols and emblems; and how incremental manner. to deal with “the past”. The talks ended The Historical Enquiries Team (HET), without agreement on 31 December 2013. mandated since 2006 to re-examine all The draft Haass proposals detailed two deaths attributed to the conflict in Northern mechanisms: an Historical Investigation Ireland, was closed following wide criticism. Unit (HIU) and an Independent Commission

Amnesty International Report 2014/15 391 for Information Retrieval (ICIR).5 Further accordance with the law. Significant portions talks, which concluded in December 2014, of the proceedings were held in secret.7 agreed in principle to take forward the Haass proposals of an HIU and ICIR, although REFUGEES’ AND MIGRANTS’ RIGHTS details of finance, resourcing, timeframes and In January, the government announced that it legislation were not completely resolved at the would provide resettlement for 500 vulnerable end of the year. Syrian refugees. The Vulnerable Persons In June, the Irish television channel RTÉ Relocation scheme prioritizes assisting broadcast newly discovered archival material survivors of torture and violence, women and suggesting that the UK had misled the children at risk and those in need of medical European Court of Human Rights in Ireland care, as identified by UNHCR, the UN v. UK, over the use of five torture techniques refugee agency. used by British security forces in Northern In July 2013, an inquest jury returned a Ireland in 1971-1972. In December, the verdict of unlawful killing in the death in 2010 Irish government sought a reopening of the of Jimmy Mubenga, an Angolan national case by the European Court. Lawyers for who died after being restrained by private the victims also called for an independent, security guards on board a plane deporting human rights-compliant investigation in the him to Angola. In December, the three guards UK into the new evidence.6 involved in his removal were cleared of manslaughter. SEXUAL AND REPRODUCTIVE RIGHTS In July, the High Court found that the Access to abortion in Northern Ireland long-term immigration detention of a Guinean remained limited to exceptional cases where woman constituted inhuman and degrading the life or health of the woman or girl was at treatment. It was the sixth such court finding risk. The did not apply to since 2011. Northern Ireland. In October, the Department In December, the Court of Appeal found of Justice opened a consultation on legislating the policy underpinning the UK’s “detained for access to abortion in cases of rape, incest fast-track” asylum process to be unlawful and and fatal foetal anomaly. upheld the High Court’s earlier July ruling that inadequate access to legal representation SURVEILLANCE rendered the process unlawful. In July, the Data Retention and Investigatory Powers Act entered into force, extending TRAFFICKING IN HUMAN BEINGS the reach of the authorities’ interception In June, the government published draft powers by providing potentially wide-ranging legislation to address slavery and human extraterritorial effects to UK interception trafficking in England and Wales. The Modern warrants. Sufficient safeguards were not in Slavery Bill was amended to include UK-wide place to ensure that such surveillance was provisions, including the establishment of an authorized and carried out in conformity anti-slavery commissioner. with the rights to privacy and freedom Also in June, the anti-trafficking legislation of expression. was presented to the Northern Ireland In December, the Investigatory Powers Assembly. Similar legislation was presented to Tribunal (IPT) made public its open judgment the Scottish Parliament in December. in the first part of a complaint brought by Amnesty International and other NGOs about the UK authorities’ communications 1. United Kingdom: Joint NGO letter (EUR 45/005/2014) surveillance practices. The IPT found that www.amnesty.org/en/library/info/EUR45/005/2014/en the authorities’ surveillance practices were in

392 Amnesty International Report 2014/15 2. UK: Court of Appeal allows lawsuit to proceed in case of illegal prisons and the excessive use of force by rendition to torture in Libya (EUR 45/010/2014) police continued. Thirty-three men and two www.amnesty.org/en/library/info/EUR45/010/2014/en women were executed during the year. 3. UK: Collapsed prosecution of Moazzam Begg (EUR 45/009/2014) www.amnesty.org/en/library/info/EUR45/009/2014/en BACKGROUND 4. United Kingdom/Northern Ireland: Still no public inquiry twenty-five The USA appeared before three UN treaty years after the killing of Patrick Finucane (EUR 45/003/2014) bodies in 2014. In April, the Human Rights www.amnesty.org/en/library/info/EUR45/003/2014/en Committee criticized the USA on a range of 5. United Kingdom/Northern Ireland: Haass proposals on dealing with issues – including the lack of accountability the past (EUR 45/001/2014) for abuses in the counter-terrorism context, www.amnesty.org/en/library/info/EUR45/001/2014/en solitary confinement in prisons, racial 6. UK/Ireland: Landmark ‘hooded men’ torture case should be reopened disparities in the criminal justice system, (News story) targeted killings by drones, excessive use www.amnesty.org/en/news/ukireland-landmark-hooded-men-torture- of force by law enforcement officials, the case-should-be-re-opened-2014-11-24 treatment of migrants and the death penalty.1 7. UK court decision on government mass surveillance: ‘Trust us’ isn't In August, the Committee on the Elimination enough (Press release) of Racial Discrimination also made numerous www.amnesty.org/en/articles/news/2014/12/uk-court-decision- recommendations to the USA. In November, government-mass-surveillance-trust-us-isnt-enough/ the Committee against Torture’s concluding observations similarly covered a range of issues.2

IMPUNITY UNITED STATES In August, President Obama acknowledged that the USA used torture in its response OF AMERICA to the 9/11 attacks. He stated that torture was carried out under “some” of the United States of America “enhanced interrogation techniques” used Head of state and government: Barack Obama in the programme, not just the one known as “waterboarding” (mock execution by interrupted drowning). Nevertheless, the President Obama acknowledged that President remained silent on accountability torture had been carried out following the and redress, reflecting the USA’s continuing 11 September 2001 attacks (9/11) under refusal to meet its international obligations a secret detention programme authorized on these issues. Neither did he make any by his predecessor and operated by the reference to enforced disappearance, a crime Central Intelligence Agency (CIA). However, under international law to which most, if not accountability and remedy for the crimes all, of those held in the secret programme under international law committed in were subjected, some of them for years.3 that programme remained absent. The In April, the Senate Select Committee declassified summary of a Senate report into on Intelligence (SSCI) voted to submit the programme was released in December. for declassification the summary of its Scores of detainees remained in indefinite report into the CIA’s secret detention and military detention at the US naval base at interrogation programme operated between Guantánamo Bay in Cuba, while military 2002 and 2008. Release of the summary commission trial proceedings continued in came on 9 December and the 500-page a handful of cases. Concern about the use document contained some new details on of prolonged isolation in state and federal the programme and the torture and other

Amnesty International Report 2014/15 393 human rights violations committed in it. The at Guantánamo and on US-registered ships full 6,700 page report – containing “details of and aircraft. each detainee in CIA custody, the conditions In February, Ahmed Mohammed al Darbi, under which they were detained, [and] how a Saudi Arabian national arrested by civilian they were interrogated” – remained classified authorities in Azerbaijan in June 2002 and top secret. transferred to US custody two months later, pleaded guilty at a hearing before a military COUNTER-TERROR – DETENTIONS commission judge at Guantánamo and At the end of 2014, 127 men were held at agreed not to sue the USA over his treatment Guantánamo, the majority without charge in custody. His conviction brought to eight or trial. Almost half had been approved for the number of detainees convicted by military transfer out of the base, most since January commission since detentions began at 2010 or earlier. Twenty-eight detainees were Guantánamo in January 2002. Six of these transferred out of the base during the year, eight men were convicted under pre-trial following the 11 who had been transferred plea bargains. from there in 2013. Pre-trial military commission proceedings The transfer to Qatar in May of five Afghan continued against five Guantánamo detainees men held in Guantánamo for more than a – Khalid Sheikh Mohammed, Walid bin decade, in exchange for a US soldier held Attash, Ramzi bin al-Shibh, ‘Ali ‘Abd al-‘Aziz for five years in Taliban custody, sparked and Mustafa al Hawsawi – accused of congressional opposition to President involvement in the 9/11 attacks. The five and Obama’s stated goal of closing the detention ‘Abd al-Rahim al-Nashiri, who was arraigned facility.4 for capital trial in 2011 on charges relating Some detainees engaged in hunger strikes to the bombing of the USS Cole in Yemen during the year, although not in the numbers in 2000, had been held incommunicado in seen during 2013.5 Official transparency secret US custody for up to four years prior to around hunger strikes remained at issue their transfer to Guantánamo in 2006. Their following the policy decision in late 2013 to trials had not begun by the end of 2014. stop making public the number of detainees Iraqi national ‘Abd al Hadi al-Iraqi, who was engaging in such protests. In litigation in reportedly arrested in Turkey in October 2006, May 2014, the government disclosed that it transferred to US custody, held in secret by possessed videotapes, classified as secret, the CIA and transferred to Guantánamo in of the forcible cell extractions and forced April 2007, was arraigned in June. His trial on feeding of Abu Wa’el Dhiab, a Syrian man charges under the Military Commissions Act held at the base but approved for transfer (MCA) was pending at the end of 2014. since 2009. In October, over government In May, the General Counsel for the US opposition, a District Court judge ordered Department of Defense affirmed that the the videotape evidence to be unsealed and administration was continuing to use the certain information redacted from the tapes. 2001 Authorization for Use of Military Force The administration appealed, and the case (AUMF) as the underpinning of its detention was pending in the US Court of Appeals at operations in Afghanistan and Guantánamo the end of the year. and “capture or lethal operations” against In November, the US administration told individuals elsewhere. He pointed to the the UN Committee against Torture that, in case of Libyan national Nazih Abdul-Hamed contrast to positions previously taken by the al-Ruqai, also known as Abu Anas al-Libi, as US government, the USA had now decided an example of an operation that relied on the that the Convention against Torture applied AUMF. Abu al-Libi was abducted in Tripoli, Libya, by US forces on 5 October 2013 and

394 Amnesty International Report 2014/15 interrogated aboard the USS San Antonio In November, a Russian national who had before being taken to the USA and charged been held in US military custody at Bagram in relation to the 1998 bombings of two US since 2009 was transferred to the USA for embassies in Kenya and Tanzania. prosecution in a federal court on terrorism Abu al-Libi’s lawyer alleged in court in charges. Ireq Ilgiz Hamidullin became the 2014 that the abduction had been conducted first detainee to be transferred from Bagram “with the use of extreme physical and brutal directly to the USA, almost 13 years after force”, and that after dragging the suspect detentions began at the base. from his car and “using tazer-like weapons” Tunisian national Redha al Najar was on him, the US forces had blindfolded him, transferred to Afghan custody on 10 and “bound, gagged and trussed [him] up”. December, the day after release of the SSCI On the ship, he was held incommunicado and summary report in which his case featured interrogated daily for the next week by CIA as one of those subjected to torture in a personnel and others. He alleged that he was secret CIA facility in Afghanistan in 2002. On subjected, effectively, to sleep deprivation, 11 December, the Department of Defense through the use of prolonged back-to-back said that the Bagram detention facility was interrogations. His incommunicado detention now closed. and interrogation were cut short due to a In November, President Obama said that life-threatening illness. His trial was pending discussions between Congress and the at the end of the year, but on 31 December, administration were continuing on how to he was taken to hospital where he died on 2 “right-size and update” the AUMF “to suit the January 2015. current fight, rather than previous fights”. US forces seized Ahmed Abu Khatallah near Benghazi, eastern Libya, on 15 June. PRISON CONDITIONS On 17 June, the US administration informed Tens of thousands of prisoners remained in the UN Security Council that the US operation isolation in state and federal prisons across to take Ahmed Khatallah into custody had the USA, confined to cells for between 22 and been conducted under the USA’s “inherent 24 hours a day in conditions of stark social right to self-defense” on the grounds that and environmental deprivation. he “continued to plan further armed attacks In February, the Senate Judiciary against US persons”. The letter gave no Subcommittee held a second hearing on information about this alleged planning, solitary confinement. Senator Durbin who rendering an assessment of the USA’s self- chaired the hearing and urged reform of this defence claim all but impossible. In October, practice, also pushed during the year for the Ahmed Khatallah was charged with offences opening of a new federal prison which would punishable by the death penalty in relation extend the number of federal isolation cells. to an attack on the US diplomatic mission in Amnesty International’s report into federal use Benghazi in 2012 in which four US nationals of isolation concluded that conditions in the were killed. He was being held in pre-trial only current super-maximum security prison solitary confinement in Virginia at the end of in Florence, Colorado, breached standards for the year.6 the humane treatment of prisoners.7 During the year, the remaining non- In October, a settlement was reached Afghan detainees in US military detention in a class-action suit on behalf of more at the Bagram airbase in Afghanistan than 33,000 prisoners in Arizona’s state were transferred to the custody of other prisons. Under this settlement, the Arizona governments. In August, two Yemeni nationals Department of Corrections will allow prisoners held in US custody in Afghanistan for more in solitary confinement who have serious than a decade were transferred to Yemen.

Amnesty International Report 2014/15 395 mental illnesses to have more mental health below was unconstitutional as it blocked treatment and time outside their cells. the presentation of evidence other than IQ that would demonstrate limitations in the DEATH PENALTY defendant’s mental faculties.9 Thirty-three men and two women were put to Lawyers for Ramiro Hernandez Llanas, death in 2014. Including the execution of 38 a Mexican national on death row in Texas, men and one woman in 2013, this brought had sought a stay of execution until after the to 1,394 the total number of people executed Supreme Court ruling to allow its impact on since the US Supreme Court approved new his case to be assessed. No stay was granted capital laws in 1976. and he was executed on 9 April, despite a The number of executions in 2014 was the compelling claim that his intellectual disability lowest since 1994. The continuing problems rendered his execution unconstitutional. In faced by states in obtaining drugs for lethal January, Texas executed another Mexican injections, and concerns over a number of national in violation of an order of the “botched” executions, contributed to the International Court of Justice and despite a slowdown. The 79 death sentences passed in finding by the Inter-American Commission on 2013 and a similar number passed in 2014 Human Rights that he had been denied a fair represented a decline of about two thirds trial. Edgar Arias Tamayo had been denied since the mid-1990s. A little under 3,000 his right to seek consular assistance after men and about 55 women remained on death his arrest. row at the end of the year. In January, Florida executed Askari Momentum against the death penalty Abdullah Muhammad (formerly Thomas continued with the announcement in Knight), who had been on death row for four February by the Governor of Washington decades and had a long history of serious State that he would not allow executions mental illness. In September, Earl Ringo, there while he held that office. This followed an African American man, was executed in Maryland’s abolition of the death penalty Missouri despite claims that race had tainted in 2013, bringing to 18 the number of the prosecution; he was sentenced to death abolitionist states, and strong indications that by an all-white jury at a trial in which the no executions would occur in Colorado under defence lawyer, the judge and the prosecutor its current governor. were also white.10 Executions in 2014 were carried out in During the year, seven previously seven states, two lower than in 2013. Just condemned inmates were released on the four states – Florida, Missouri, Oklahoma grounds of innocence, bringing to 150 the and Texas – accounted for 89% of the number of such cases in the USA since 1973. national judicial death toll in 2014. By the end of 2014, Texas accounted for 37% of all CHILDREN’S RIGHTS – LIFE executions carried out in the USA since 1976. IMPRISONMENT WITHOUT PAROLE Texas has executed more people for crimes Defendants who were under 18 years old committed when they were 17, 18 or 19 at the time of the crime continued to face years old than any other state has executed life imprisonment without the possibility of in total.8 parole (life without parole). States responded On 27 May, the US Supreme Court clarified in various ways to the 2012 US Supreme the protection for capital defendants with Court decision, Miller v. Alabama, outlawing intellectual disability (formerly known in the mandatory life without parole for this age USA as “mental retardation”). The Court group. By October 2014, eight state supreme ruled that Florida’s law requiring a capital courts had ruled that the Miller ruling was defendant to show an IQ score of 70 or retroactive, compared to four that had

396 Amnesty International Report 2014/15 ruled to the contrary. In December, the US mental illness, who was shot and killed by Supreme Court agreed to review the appeal Los Angeles police officers on 11 August; of a prisoner sentenced under Louisiana’s and Eric Garner, a 43-year-old black man, mandatory sentencing scheme to life without who died on 17 July after being placed in a parole for a crime committed when he was chokehold by New York Police Department 17, to decide the Miller retroactivity question. officers while being arrested for selling loose, The case was pending at the end of the year. untaxed cigarettes. After a grand jury declined In August, the American Correctional to return an indictment in the Garner case Association adopted a resolution opposing life on 3 December, the US Attorney General without parole against those who were under announced a federal civil rights investigation 18 at the time of the crime and supporting into his death. “sentencing policies that hold youthful offenders accountable in an age-appropriate MIGRANTS’ RIGHTS – way, while focusing on rehabilitation and UNACCOMPANIED CHILDREN reintegration into society”. More than 50,000 unaccompanied migrant children were apprehended crossing the EXCESSIVE USE OF FORCE southern border of the USA in 2014, some At least 35 people across 18 states died after as young as five. The US Border Patrol being struck by police Tasers, bringing the detained unaccompanied children for days total number of such deaths since 2001 to or weeks in insanitary facilities and without 602. Tasers have been listed as a cause or access to legal counsel, translators or proper contributory factor in more than 60 deaths. medical attention. Most of those who died after being struck with a Taser were not armed and did not appear to pose a serious threat when the Taser 1. Loud and clear - UN Human Rights Committee makes wide-ranging was deployed. recommendations to USA (AMR 51/022/2014) Michael Brown, an 18-year-old unarmed www.amnesty.org/en/library/info/AMR51/022/2014/en African American man, was fatally shot by 2. USA should "put its money where its mouth is” and implement UN police officer Darren Wilson in Ferguson, Committee against Torture findings (AMR 51/055/2014) Missouri on 9 August. The shooting set off www.amnesty.org/en/library/info/AMR51/055/2014/en months of protests in and around Ferguson. 3. USA: "We tortured some folks” - The wait for truth, remedy and The use of heavy-duty riot gear and military- accountability continues as redaction issue delays release of senate grade weapons and equipment to police the report on CIA detentions (AMR 51/046/2014) demonstrations served to intimidate protesters www.amnesty.org/en/library/info/AMR51/046/2014/en who were exercising their right to peaceful 4. USA: “We have the ability to do things” - President and Congress assembly while the use of rubber bullets, tear should apply human rights principles and close Guantánamo (AMR gas and other aggressive dispersal tactics was 51/036/2014) not warranted, and protesters and journalists www.amnesty.org/en/library/info/AMR51/036/2014/en were injured as a result. 5. USA: “I have no reason to believe that I will ever leave this prison A number of other incidents demonstrated alive” - Indefinite detention at Guantánamo continues; 100 detainees the need for a review of standards on the on hunger strike (AMR 51/022/2013) use of force in the USA. These included the www.amnesty.org/en/library/info/AMR51/022/2013/en deaths of Kajieme Powell, a 25-year-old black 6. USA: Man seized in Libya faces death penalty in USA (AMR man, who was shot and killed by St Louis 51/037/2014) City Police on 19 August, with film footage www.amnesty.org/en/library/info/AMR51/037/2014/en of the incident appearing to contradict the 7. Entombed: Isolation in the US federal prison system (AMR initial official version of events; Ezell Ford, 51/040/2014) 25, an unarmed black man with a history of www.amnesty.org/en/library/info/AMR51/040/2014/en

Amnesty International Report 2014/15 397 8. USA: “He could have been a good kid” - Texas set to execute third were crimes against humanity and that no young offender in two months (AMR 51/027/2014) statute of limitations could be applied. The www.amnesty.org/en/library/info/AMR51/027/2014/en Supreme Court also concluded that no crimes 9. USA: “The nation we aspire to be” (AMR 51/034/2014) against humanity were committed at the time www.amnesty.org/en/library/info/AMR51/034/2014/en because they were made criminal under 10. USA: Call for race inquiry as execution nears - Earl Ringo (AMR national law only in 2006, and therefore 51/047/2014) they were subject to a statute of limitations.1 www.amnesty.org/en/library/info/AMR51/047/2014/en During 2014 little progress was made to ensure that complaints for past human rights violations would be fully investigated. The trial of a former police officer, charged in 2012 with complicity in the killing of URUGUAY teacher and journalist Julio Castro in 1977, continued at the end of the year. Eastern Republic of Uruguay Head of state and government: José Alberto Mujica SEXUAL AND REPRODUCTIVE RIGHTS Cordano Compulsory requirements established by the 2012 law decriminalizing abortion remained a concern as they were a potential obstacle The fight for justice for human rights to accessing legal abortion. The 2012 law violations committed during the period of established a mandatory five-day reflection civil and military rule between 1973 and period and a review of cases by a panel 1985 faced a possible step back following of experts when an abortion is requested. a Supreme Court decision in 2013. There Where pregnancy is a result of a rape, the law were concerns over barriers to women’s required that a judicial complaint be filed for access to abortions. the woman to access an abortion. In April, in Salto, capital of Salto BACKGROUND department, doctors refused to provide an Uruguay was reviewed under the UN abortion to a disabled pregnant girl who was Universal Periodic Review (UPR) process a rape survivor, on grounds of conscientious in January and accepted important objection. The girl had to travel to the capital recommendations, including to combat all Montevideo for the procedure. forms of discrimination. Uruguay ratified the UN Arms Trade Treaty PRISON CONDITIONS in September. In May, the UN Committee against Torture Six detainees from the US detention centre expressed concerns that two thirds of the in Guantánamo Bay, Cuba, were resettled in prison population was awaiting trial, as well Uruguay in December. as concerns in relation to medical care, water General elections took place in October. supply, sanitation and ventilation in cells. Frente Amplio won following the second round in November. RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE IMPUNITY Investigations into the killings of five In February 2013 the Supreme Court transsexual women between 2011 and 2012 overturned two key articles of Law 18.831, showed little progress. In only one case, in adopted in 2011, which established that the Department of Cerro Largo, three people crimes committed during the period of civil were prosecuted. and military rule between 1973 and 1985

398 Amnesty International Report 2014/15 for law enforcement officers and judicial 1. Uruguay: Key human rights concerns - Amnesty International and medical officials, and increased Submission to the UN Universal Periodic Review, January–February co-operation on human rights with the 2014 (AMR 52/001/2013) international community. However, as in www.amnesty.org/en/library/info/AMR52/001/2013/en previous years, these developments failed to lead to necessary, genuine and wide- reaching systemic reforms. Serious concerns remained about the authorities’ failure to implement existing laws and safeguards and UZBEKISTAN to adopt new effective measures towards the prevention of torture. The authorities Republic of Uzbekistan also failed to effectively investigate reports of Head of state: Islam Karimov torture and other ill-treatment. Head of government: Shavkat Mirzioiev In November, the UN Human Rights Committee requested that Uzbekistan report on measures taken to implement Torture and other ill-treatment in detention the Committee’s numerous previous facilities remained routine and pervasive. recommendations to address torture from The authorities continued to reject 1999, 2005 and 2010. allegations of torture committed by law enforcement and National Security officers PRISON CONDITIONS and failed to effectively investigate credible Certain categories of prisoners, such as and persistent reports of such human rights human rights defenders, government critics violations. Prison sentences of individuals and individuals convicted of membership convicted of anti-state and terrorism in Islamist parties and groups or Islamic offences were arbitrarily extended and many movements banned in Uzbekistan were were denied necessary medical attention. often subjected to severe punishment Those forcibly returned from abroad were at regimes in prisons where they were serving real risk of torture and other ill-treatment. their sentences. Some prisoners had their sentences extended for long periods – TORTURE AND OTHER ILL-TREATMENT sometimes repeatedly – even for alleged Persistent and credible allegations continued minor infractions of the prison rules. to emerge of pervasive and routine torture Murad Dzhuraev, a former parliamentarian and other ill-treatment by law enforcement who was sentenced to 12 years in prison and National Security (SNB) officers during on politically motivated charges in 1995, arrest, transfer, in police custody and in pre- subsequently had his sentence extended four trial detention and by law enforcement and times under Article 221 of the Criminal Code prison personnel in post-conviction detention for allegedly breaking prison rules.2 One of facilities.1 the “violations” he had committed was failing The authorities continued to vigorously to change out of slippers when entering the deny such reports, including during public hall where prisoners slept. examinations of Uzbekistan’s human Murad Dzhuraev’s health seriously rights record at the EU-Uzbekistan Human deteriorated during his extended time in Rights Dialogue in November. They instead prison. His wife was allowed to visit him for pointed at the implementation of wide- two days in July, and reported that he was ranging initiatives in the field of human almost blind and had lost all of his teeth. rights education, such as numerous She alleged that he had not had access to torture prevention training programmes adequate medical care since 1994. The

Amnesty International Report 2014/15 399 prison authorities had also tried to isolate him torture or other ill-treatment. The authorities from other prisoners by threatening to extend relentlessly pursued the return of individuals the sentences of every prisoner who dared they suspected of involvement in bombings to speak with him. He spent long periods of in the capital Tashkent in 1999 and 2004, time in solitary confinement as a punishment protests in Andizhan in 2005 (during which allegedly for breaking prison rules. hundreds of people were killed when the At least two prisoners were reported to have security forces fired on thousands of mostly died because they had not been provided peaceful protesters), and various other acts with necessary medical care. Human rights of violence. They accused some of being defender Abdurasul Khudainazarov died of members of banned violent Islamist groups advanced terminal cancer on 26 June, three and also sought the extradition of political weeks after a court ordered his early release opponents, government critics, and wealthy on humanitarian grounds. His family reported individuals who had fallen out of favour with that over a period of eight years prison the authorities in Tashkent. officials had repeatedly denied him necessary The European Court of Human Rights medical treatment for his cancer and other issued at least 15 judgments in 2013 and serious medical problems despite numerous 2014 prohibiting the forcible transfer of requests and clear physical indications that individuals to Uzbekistan – especially those his health was seriously deteriorating. suspected of membership of an Islamist party There were no independent monitoring or of a group banned in the country – due to mechanisms in place to inspect all places the real risk of torture on return. The Court of detention and domestic or international ruled in October, in the case of Mamazhonov NGOs did not carry out any form of regular, v Russia, that the transfer of Ikromzhon unannounced or unsupervised prison Mamazhonov from Russia to Uzbekistan monitoring. Diplomats, while granted would violate Article 3 (prohibition of torture) access to some detention facilities, were of the European Convention on Human as a rule accompanied by prison or law Rights. The Court noted “that there had been enforcement officials during their visits. In no improvement in the criminal justice system January, the authorities granted a small of Uzbekistan in recent years, in particular number of independent human rights concerning prosecution for religiously and activists permission to visit four imprisoned politically motivated crimes and that there colleagues. The human rights defenders were was certain evidence that persons accused of accompanied by law enforcement and prison such crimes were at risk of ill-treatment.” officials and their visits were recorded on film. In November, Mirsobir Khamidkariev, a One of the prisoners reported that he had producer and businessman from Uzbekistan been allowed to have a hot shower before the who had sought asylum in Moscow, Russian meeting and was given new clothes ahead of Federation, was sentenced to eight years the scheduled visit. In November, the NGO in prison by a court in Tashkent.3 He was Human Rights Watch sent a delegation to convicted of membership of a banned Uzbekistan but all requests to visit prisoners Islamist organization, a charge he strongly and places of detention were denied by the denied. On 9 June he was reportedly authorities. abducted and ill-treated by officers of the Russian Federal Security Service (FSB) from COUNTER-TERROR AND SECURITY a street in central Moscow, and handed over Individuals forcibly returned to Uzbekistan to Uzbekistani law enforcement officers at an in the name of national security and the airport in Moscow and illegally transferred to “fight against terrorism” were often held Tashkent the following day. incommunicado, increasing their risk of

400 Amnesty International Report 2014/15 Mirsobir Khamidkariev’s lawyer in Moscow BACKGROUND did not know his whereabouts until he President Maduro’s first year in office was reappeared in the basement of a detention marked by growing discontent. Between facility run by the Ministry of Internal Affairs February and July 2014, Venezuela was in Tashkent two weeks later. According to his shaken by mass pro- and anti-government Russian lawyer, who was able to get access demonstrations in various parts of the to him in Tashkent on 31 October, Mirsobir country. Anti-government protesters and Khamidkariev was subjected to torture and some opposition party leaders who called for other ill-treatment by law enforcement officers the resignation of the President were accused in Tashkent for two months to force him to of attempting to overthrow the government. confess to fabricated charges. He was tied head down to a bar attached to the wall, FREEDOM OF ASSEMBLY beaten repeatedly, and had seven of his teeth At least 43 people were killed and more than knocked out and two of his ribs broken. 870 were injured – including protesters, security forces officials and passers-by – during mass pro- and anti-government 1. Cases of torture and other ill-treatment in Uzbekistan (EUR protests between February and July. There 62/007/2014) were reports of human rights violations and www.amnesty.org/en/library/info/EUR62/007/2014/en of violent clashes between demonstrators 2. Uzbekistan: Jailed parliamentarian denied medical help - Murad and the security forces and armed pro- Dzhuraev (EUR 62/003/2014) government groups.1 www.amnesty.org/en/library/info/EUR62/003/2014/en More than 3,000 people were detained 3. Uzbekistan: Fear of unfair trial for extradited refugee - Mirsobir in the context of the protests. Most were Khamidkariev (EUR 62/008/2014) charged and released after a few days. At the www.amnesty.org/en/library/info/EUR62/008/2014/en end of the year over 70 people who took part in the demonstrations remained in pre-trial detention awaiting trial. There were concerns that a ruling by the Supreme Court in March, which stated that VENEZUELA any protest had to be pre-authorized, could jeopardize the rights to freedoms of peaceful Bolivarian Republic of Venezuela assembly and association. Head of state and government: Nicolás Maduro Excessive use of force Moros The security forces used excessive force to disperse protests. Among the measures deployed were the use of live ammunition at The security forces used excessive force to close range against unarmed people; the use disperse protests. Scores of people were of inappropriate firearms and riot equipment arbitrarily detained and denied access to that had been tampered with; and the use of lawyers and doctors. Torture and other tear gas and rubber bullets in enclosed areas. ill-treatment of protesters and passers-by For example, in February, student Geraldín were reported. The judiciary continued Moreno died three days after being shot in to be used to silence government critics. the eye with rubber bullets fired at close Those defending human rights were range during a protest in Valencia, Carabobo intimidated and attacked. Prison conditions State. National Guard officers were charged remained harsh. in connection with her death and were awaiting trial at the end of the year. The same month, Marvinia Jiménez was beaten

Amnesty International Report 2014/15 401 by police officers while she was filming a them being beaten. At least one detainee protest in Valencia and charged with, among was forced to watch while another detainee other things, obstructing a public road and was beaten. Gloria Tobón was doused with disturbing public order. At the end of the water and then electric shocks were applied year, the arrest warrant against an officer to her arms, breasts and genitals. She was responsible for her beating had yet to be threatened and told that she would be killed served. In April, 16-year-old John Michael and buried in pieces. At the end of the year, Ortiz Fernández was on the balcony of his the investigation into the allegations of torture house in San Cristobal, Táchira State, when had not concluded. a police officer fired a rubber bullet at the Wuaddy Moreno Duque was detained in youth; the retina of his left eye was burned. February in La Grita, Táchira State, beaten At the end of the year, the case was under and burned by National Guard officers investigation. who accused him of participating in the Arbitrary arrests and detentions protests. He and his family were the target of Scores of people detained during the protests intimidation after lodging a formal complaint. between February and July were arbitrarily detained. Many were denied access to HUMAN RIGHTS DEFENDERS a lawyer of their choice and to medical Human rights defenders continued to assistance during the first 48 hours of their be attacked. detention before appearing before a judge. For example, two members of the Lawyer Marcelo Crovato and human rights Venezuelan Prisons Observatory were defender Rosmit Mantilla were detained in threatened and intimidated on a number April and May respectively, in relation to the of occasions. On 12 April 2013, Marianela protests. More than eight months after their Sánchez and her family received an arrest they remained in pre-trial detention, in anonymous death threat. She lodged a spite of the lack of solid evidence to support complaint, but by the end of the year the the charges against them. authorities had not initiated an effective Torture and other ill-treatment investigation into the threat or provided the Torture and ill-treatment remained a concern necessary security measures, consistent with despite some progress brought about the family’s wishes. by the 2013 Special Law to Prevent and The authorities repeatedly attempted to Punish Torture and Other Cruel, Inhuman or discredit Humberto Prado’s human rights Degrading Treatment.2 work and accused him of involvement in Student Daniel Quintero was beaten and violence during the protests and of conspiracy threatened with being burned alive while to destabilize the government and the in detention. He was arrested on his way prison system. from an anti-government demonstration in February in Maracaibo, Zulia State. An JUSTICE SYSTEM investigation into the allegations of torture was The justice system was subject to government continuing at the end of the year.3 interference, especially in cases involving At least 23 people were detained during government critics or those who were a joint National Guard and army operation perceived to act in a way contrary to the in Rubio, Táchira State, on 19 March. While authorities’ interests. in detention they were kicked, beaten and For example, Judge María Lourdes Afiuni threatened with death and sexual violence. All Mora – who had been detained in December the detainees, both men and women, were 2010, hours after ordering the release of a held in the same room and kept blindfolded banker charged with corruption, a decision for several hours. They could hear those near publicly condemned by former President

402 Amnesty International Report 2014/15 Chávez – was awaiting trial at the end of the of Narciso Barrios, two police officers were year. She was released on bail in June 2013 convicted. Other family members have been for humanitarian reasons. subjected to intimidation and attacks by the Leopoldo López, leader of the opposition police, in spite of the protection measures Voluntad Popular (Popular Will) party, granted to the family since 2004 by the Inter- remained in detention, despite the lack of American Commission on Human Rights and evidence to support the charges against him, more recently by the Inter-American Court which appeared to be politically motivated. He of Human Rights.6 At the end of the year, it faced charges of arson, damage to property, was not known whether investigations had incitement to commit an offence and been initiated into any of the complaints of conspiracy to commit a crime, which carry intimidation by police officers. sentences of up to 10 years’ imprisonment.4 In August, the UN Working Group on Arbitrary PRISON CONDITIONS Detention stated that his detention was In spite of reforms to the prison system, arbitrary and called for his release. prison conditions remained harsh. Lack The UN Working Group also called for of medical care, food and clean drinking the immediate release of Daniel Ceballos, a water, unhygienic conditions, overcrowding Voluntad Popular member and Mayor of San and violence in prisons and police stations Cristobal, Táchira State. He was arrested in remained a concern. Firearms and other March and was awaiting trial on charges of weapons continued to be routinely used in rebellion and conspiracy to commit a crime in prison clashes. connection with the February anti-government In the first half of the year local human protests.5 rights organizations reported 150 deaths in prisons and seven in police custody. INTERNATIONAL JUSTICE In November, two inmates were killed and In September 2013, following its denunciation at least eight were injured when security of the American Convention on Human Rights forces intervened to end a riot in the prison a year earlier, Venezuela ceased to come of San Francisco de Yare, Miranda State, in under the jurisdiction of the Inter-American protest at the harsh prison conditions and Court of Human Rights. As a result, victims ill-treatment of inmates. of human rights violations and their relatives In September, after three years and a no longer have access to the Inter-American number of delays in transferring him to a Court if the national judicial system fails to hospital where his medical needs could be guarantee their rights. assessed, a court granted former Police Commissioner Iván Simonovis permission IMPUNITY to receive medical treatment at home under Impunity remained a concern. Victims and house arrest. He was reported to be suffering their families were threatened and attacked. from a number of health problems caused by For example, investigations and judicial the conditions in which he had been held. proceedings relating to the killings of members of the Barrios family in Aragua State made little progress. The Barrios family has 1. Venezuela: Human rights at risk amid protests (AMR 53/009/2014) been the target of threats and intimidation for www.amnesty.org/en/library/info/AMR53/009/2014/en nearly two decades because of their demands 2. Venezuela: Briefing to the UN Committee against Torture, 53rd for justice. Ten members of the family were session, November 2014 (AMR 53/020/2014) killed between 1998 and May 2013 in www.amnesty.org/en/library/info/AMR53/020/2014/en circumstances suggesting the involvement of members of the police. In only one case, that

Amnesty International Report 2014/15 403 3. Protests in Venezuela: Human rights at risk, people in danger, case BACKGROUND - Daniel Quintero (AMR 53/015/2014) Viet Nam was elected to the UN Human www.amnesty.org/en/library/info/AMR53/015/2014/en Rights Council in January for a two-year term. In June Viet Nam rejected 45 of 227 4. Venezuela: Opposition leader Leopoldo López should be released (AMR recommendations made by the Working 53/023/2014) Group on the UN Universal Periodic www.amnesty.org/en/library/info/AMR53/023/2014/en Review in February. These included key 5. Venezuela: Further information - opposition member detained amid recommendations on human rights defenders protests (AMR 53/010/2014) and dissidents, freedom of expression and the www.amnesty.org/en/library/info/AMR53/010/2014/en death penalty, among others. 6. Venezuela: Further information - police threaten and intimidate The territorial conflict in the East China Barrios family (AMR 53/019/2014) Sea escalated in May when China moved an www.amnesty.org/en/library/info/AMR53/019/2014/en exploration oil rig into disputed waters. The incident sparked anti-China riots by tens of thousands of workers at industrial parks in several provinces in southern and central Viet Nam. Chinese-owned factories were targeted, VIET NAM but Taiwanese, Korean and Japanese factories were also damaged and looted. An Socialist Republic of Viet Nam unconfirmed number of people were killed Head of state: Truong Tan Sang and injured, and around 700 people were Head of government: Nguyen Tan Dung arrested for their involvement. An Amnesty International delegation visited Viet Nam for official meetings in Severe restrictions on freedoms of February. During his visit in July, the UN expression, association and peaceful Special Rapporteur on freedom of religion or assembly continued. The state continued belief found evidence of serious violations, to control the media and the judiciary, as including police raids, disruption of religious well as political and religious institutions. ceremonies, beatings and assaults of Scores of prisoners of conscience remained members of independent religious groups. imprisoned in harsh conditions after unfair Some individuals he was due to meet were trials in previous years. They included subject to intimidation, harassment and bloggers, labour and land rights activists, surveillance by security officials. political activists, religious followers, members of ethnic groups and advocates LEGAL, CONSTITUTIONAL OR for human rights and social justice.1 New INSTITUTIONAL DEVELOPMENTS arrests and trials of bloggers and human The new Constitution, adopted in November rights activists took place. The authorities 2013, came into force after an unprecedented attempted to curtail the activities of but heavily controlled consultation process unauthorized civil society groups through lasting around nine months. The Constitution harassment, surveillance and restrictions provides a general protection of the rights on freedom of movement. Security officers to freedom of expression, association and harassed and physically attacked peaceful peaceful assembly but limits them by vague activists, and held them in short-term and broad provisions in national legislation. detention. The death penalty was retained Only a limited guarantee of fair trial rights for a wide range of offences. is included. Viet Nam signed the UN Convention against Torture in November 2013 and held

404 Amnesty International Report 2014/15 several preparatory workshops during 2014; policeman, is well known for setting up the the National Assembly voted for ratification in popular Ba Sam website in 2007, which November. Although torture is prohibited in included articles on a range of social and the new Constitution, legislation contains no political issues. Three more prominent clear definition of what constitutes torture. bloggers were arrested between 29 November The National Assembly rejected a proposed and 27 December – Vietnamese-Japanese amendment to the Law on Marriage and Professor Hong Le Tho, writer Nguyen Quang Family, which would have recognized same- Lap and Nguyen Dinh Ngoc had written or sex cohabitation and joint custody. The posted articles criticizing government officials government also announced that it would not and policies. legally recognize same-sex marriage. Violent unprovoked physical attacks The authorities stated that several were carried out against activists by men laws relating to human rights were under suspected to be acting on the order of or in preparation for approval by the National collusion with security forces. For example, Assembly in 2016. They include an in May human rights lawyer and former amended Penal Code, the Amended Law prisoner of conscience Nguyen Van Dai was on the Press, the Law on Association, the attacked by a group of five men while he was Law on Demonstrations and the Law on in a café with friends. He sustained a head Information Access. injury requiring stitches. The same month, blogger and human rights activist Tran Thi REPRESSION OF DISSENT Nga was attacked by five assailants while on Human rights activists and advocates for a motorcycle with her two young children. social and political change increased their She suffered a broken arm and knee and peaceful activities despite the challenging other injuries. Activists attempting to observe environment and risk to their personal safety. the trial of three human rights defenders in Vaguely worded provisions of the 1999 Penal August were harassed, beaten and arrested Code continued to be used to criminalize by security officials.3 Three other activists peaceful activism and those exercising their were assaulted in October. In November rights to freedom of expression, association independent journalist Truong Min Duc was and peaceful assembly. attacked and beaten for the third time in two Despite the early release of six dissidents months, sustaining serious injuries. in April and June,2 at least 60 prisoners of conscience remained imprisoned. They were FREEDOM OF MOVEMENT convicted after unfair trials and included Several peaceful activists were prevented peaceful bloggers, labour and land rights from travelling to attend Viet Nam’s activists, political activists, religious followers consideration under the Universal Periodic and advocates for human rights and social Review in Geneva, Switzerland, in February. justice. In addition, at least 18 bloggers and They were summoned for questioning by the activists were tried and sentenced in six police and their passports were confiscated. trials to between 15 months’ and three years’ Others were detained for questioning on their imprisonment under Article 258 of the Penal return. Do Thi Minh Hanh, a labour rights Code for “abusing democratic freedoms to activist and former prisoner of conscience infringe on the interests of the state”. released in June, was stopped at the airport Blogger Nguyen Huu Vinh and his and prevented from travelling to Austria to associate Nguyen Thi Minh Thuy were visit her seriously ill mother in August; she arrested in May and held under Article 258 of was subsequently allowed to go in October. the Penal Code for “posting false information Activists attempting to attend informal civil on the internet”. Nguyen Huu Vinh, a former society meetings, foreign embassy meetings

Amnesty International Report 2014/15 405 and to observe dissident trials were harassed, 2. Viet Nam: Release of woman labour rights activist positive but scores intimidated and prevented from leaving their remain behind bars (Press release) homes. Individuals reported being held under www.amnestyusa.org/news/news-item/vietnam-release-of-woman- de facto house arrest. labour-rights-activist-positive-but-scores-remain-behind-bars 3. Viet Nam: Police beatings outside court amid crackdown on activism PRISONERS OF CONSCIENCE (Press release) Conditions of detention for prisoners of www.amnestyusa.org/news/news-item/viet-nam-police-beatings- conscience were harsh, including lack of outside-court-amid-crackdown-on-activism adequate medical care and nutritious food. 4. Death of activist Dinh Dang Dinh should be “wake-up call” for Viet Some were subject to ill-treatment by other Nam (Press release) prisoners without intervention by prison www.amnesty.org/en/for-media/press-releases/death-activist-dinh- guards, and to incommunicado detention. dang-dinh-should-be-wake-call-viet-nam-2014-04-04 Family visits were conducted in the presence of guards who prohibited discussion of perceived sensitive subjects. Prisoners were sometimes moved without their families being informed, and some were held in prisons YEMEN distant from their homes, making family visits difficult. Some prisoners were encouraged Republic of Yemen to “confess” to the offences for which they Head of state: Abd Rabbu Mansour Hadi were convicted in order to be considered Head of government: Khaled Bahah (assumed office for release. in October following dismissal of Mohammed Environment activist and prisoner of Salim Basindwa in September) conscience Dinh Dang Dinh died of stomach cancer in April following his temporary release from prison on medical grounds in Government forces committed human rights February. Despite appeals from his family and violations, including unlawful killings and the diplomatic community, the authorities enforced disappearances, against supporters failed to provide adequate access to medical of secession in the south and amid renewed treatment while he was serving his six-year conflict with Huthi rebels in the north, prison sentence.4 who also committed abuses. Impunity prevailed and no progress was achieved in DEATH PENALTY putting an end to political assassinations or The death penalty was retained for murder, addressing abuses committed in the past. drugs offences, treason and crimes against Security forces dispersed peaceful protests humanity. At least three executions by lethal in both Sana’a and southern cities using injection were reported. The number of excessive force. Freedom of expression people on death row was estimated to be suffered as a result of ongoing attacks and more than 650. The government did not other violations targeting journalists and provide accurate figures, and statistics on media outlets. Women continued to face the death penalty remained classified as a discrimination and high levels of domestic state secret. and other gender-based violence. Armed opposition groups carried out indiscriminate bombings and committed other abuses. US 1. Silenced voices – Prisoners of conscience in Viet Nam forces used drone strikes against suspected (ASA/41/007/2013) al-Qa’ida militants, resulting in deaths and www.amnesty.org/en/library/info/ASA41/007/2013/en injuries to civilians.

406 Amnesty International Report 2014/15 BACKGROUND officials, abductions of foreign nationals The process of political transition ignited by and other individuals, and resurgent the popular uprising of 2011 continued but armed conflict. remained fragile. On 26 February, the UN In the north, dozens were killed and Security Council passed Resolution 2140, hundreds wounded during armed clashes creating sanctions targeting individuals that began in 2013 between the Huthis and and organizations seen as obstructing supporters of the Sunni Islamist al-Islah party the transition. and the Salafi al-Rashad party in the town of The outbreak of renewed hostilities Dammaj in Sa’ada governorate. Thousands between the government and the Huthis, a of al-Rashad supporters from Dammaj, Zaidi Shi’a armed group based in the Sa’ada mainly the families of students studying at the and ‘Amran governorates, posed a major al-Rashad-affiliated Dar al-Hadith religious threat to the transition process. In September, institute, were forcibly displaced after a one day after signing a UN-brokered ceasefire agreement in January 2014. Despite agreement to bring an end to the fighting, the ceasefire agreement, the fighting spread Huthi forces seized control of much of the southward and by mid-2014 Huthi fighters capital Sana’a. had clashed with their opponents and the The 10 months-long National Dialogue Yemeni army and taken over most of the Conference (NDC), which brought together ‘Amran, Hajja and al-Jawf governorates. In 565 representatives of rival political September, Huthi forces attacked and took parties and movements and civil society control of much of Sana’a after fighting in organizations, including women’s and which over 270 people died and hundreds youth groups, concluded on 25 January. It were wounded. Armed Huthi fighters in generated over 1,800 recommendations, the capital looted army units, government including some advocating greater protection buildings, political party headquarters, media for rights, and concluded that Yemen outlets and the private homes of al-Islah should become a federal state with a new party members. Later, despite agreeing to Constitution. a ceasefire and joining a new government In June, during the UN Universal Periodic formed in November, Huthi forces moved Review of Yemen, government representatives south of Sana’a and clashed with local confirmed that Yemen would become a party army units, tribesmen, and armed fighters to the Rome Statute of the International affiliated with the armed group al-Qa’ida in Criminal Court and the International the Arabian Peninsula (AQAP). In response, Convention against enforced disappearance. AQAP carried out attacks in Sana’a and other At the end of the year, parliament had still cities, which killed and injured many civilians, to adopt legislation to give effect to these including children. ratifications. In the south, government forces clashed The government failed to undertake with AQAP fighters, who mounted suicide significant reform of the army and two and other attacks targeting government security agencies – National Security and installations, including an attack on 5 Political Security – which were implicated in December 2013 that killed at least 57 people, serious human rights violations and reported including staff and patients, at a military directly to the President. hospital in Sana’a. In June, AQAP also attacked an army checkpoint in Shabwah, ARMED CONFLICT killing eight Yemeni army soldiers and six The year saw a continuing deterioration tribesmen assisting them. AQAP said the in security across the country, marked by attacks were in response to US drone strikes killings of government and senior military on its forces, carried out with the support

Amnesty International Report 2014/15 407 of the Yemeni government. The Yemeni also in Sana’a on 9 June 2013, which led to army attacked AQAP positions in Abyan and the deaths of at least 13 demonstrators and Shabwa governorates in April; the ensuing the wounding of over 50. The outcome of the fighting reportedly caused the forcible investigations remained unclear at the end of displacement of some 20,000 people. US the year. military forces also attacked AQAP, carrying out drone strikes that targeted and killed REPRESSION OF DISSENT AQAP militants, and also reportedly caused – SOUTHERN YEMEN the death and injury of an unknown number Serious unrest continued in Aden and of civilians. In December, an attempt by surrounding areas. Some Southern Movement US military forces to free Luke Somers, a (al-Hirak al-Janoubi) factions participated journalist held hostage by AQAP, resulted in in the NDC. Demonstrators in Aden and his death and that of another hostage. other cities continued to call for the south to Both government forces and armed secede and held strikes and other protests, opposition groups recruited and used child some of which the army responded to with soldiers, according to a report by the UN High excessive and unlawful lethal force. On 21 Commissioner for Human Rights in August, February, security forces used excessive force despite efforts to ban the practice. to disperse demonstrations in al-Mukallah city and in Aden, causing two deaths and injuring POLITICAL KILLINGS over 20 protesters. Assassinations targeting political figures and On 27 December 2013 the army’s 33rd security officials continued. On 21 January, armoured brigade killed dozens of peaceful one of the most prominent Huthi leaders, mourners at al-Sanah in al-Dale’ governorate, Ahmed Sharaf el-Din, was assassinated on prompting the President to announce an his way to the National Dialogue Conference official investigation, the outcome of which in Sana’a. In November, masked gunmen had not been disclosed by the end of 2014. shot dead Dr Mohammad Abdul-Malik The same army brigade reportedly killed al-Mutawwakkil, a prominent political figure and injured more civilians in apparently and university professor, in a Sana'a street. indiscriminate shelling and other attacks in Between mid-2012 and the end of 2014, over early 2014, including one on 16 January that 100 military officials and security officers were killed 10 civilians, including two children, assassinated and dozens of others survived and wounded 20 other civilians in apparent attempted assassinations. Those responsible reprisal for a Southern Movement attack on for most of these killings were not identified an army checkpoint in al-Dale’. and no report of any prosecutions of alleged Government security forces arrested perpetrators was received. Southern Movement activists in Aden and other cities, subjecting some to enforced EXCESSIVE USE OF FORCE disappearance. On 31 August, Khaled On 9 September, army soldiers in Sana’a al-Junaidi was beaten and then dragged opened fire on a crowd of Huthi protesters into a car by unidentified gunmen, whom demanding a change of government, killing witnesses assumed were security officials. at least seven and wounding others. Two days He then disappeared. The authorities did not earlier, security forces had opened fire on acknowledge his detention and his family was Huthi demonstrators on the airport road in unable to establish his fate or whereabouts. Sana’a, killing at least two peaceful protesters. Security forces had previously detained him Investigations were announced into some on at least four occasions, including for three incidents of excessive force used to disperse weeks in November 2013 when he was kept demonstrations in the south (see below) and in solitary confinement. He was released

408 Amnesty International Report 2014/15 on 27 November, but was shot and killed, IMPUNITY apparently by a member of the security The authorities made little progress in forces, on 15 December. addressing the widespread human rights abuses of previous years. LEGAL, CONSTITUTIONAL OR The government took no steps to clarify INSTITUTIONAL DEVELOPMENTS the fate of hundreds of political activists In November 2013, amendments to the and others who were subjected to enforced Judicial Authority Law handed powers disappearance under the former regime, previously exercised by the Ministry of Justice headed for decades by former President Ali to the Supreme Judicial Council, enhancing Abdullah Saleh, or to bring those responsible judicial independence. New measures in to justice, despite the reappearance of a 2014 included a draft law to create a National number of people forcibly disappeared Human Rights Commission and a proposed decades earlier. Child Rights Law. The latter would, among Transitional justice other reforms, address the problem of early After numerous drafts that fell far short of marriage by setting the minimum age of safeguarding justice and accountability for marriage at 18, prohibit the use of the death past crimes, a draft Law on Transitional penalty on children under 18, and criminalize Justice and National Reconciliation, created female genital mutilation. Both draft laws were at the NDC’s behest, was submitted for awaiting enactment at the end of the year. cabinet approval in May but had not been On 8 March, the President issued made law by the end of the year. Similarly, Presidential Decrees 26/2014 and 27/2014 at the end of the year, the President had still establishing the Constitutional Drafting to appoint the members of a Commission of Commission and naming its 17 members. Inquiry to investigate human rights violations Under the Decrees, the Commission committed during the 2011 uprising, which was granted a year to finish drafting the he had announced in September 2012. Two Constitution to be followed by public other commissions that the President had consultations and a referendum. announced in 2013 were inundated with claims. One, tasked with addressing the FREEDOM OF EXPRESSION issue of land confiscation in southern Yemen Journalists and other media workers were in the 1990s, had received over 100,000 subject to threats and physical attacks claims by May while the other, set up to by government forces and unidentified review the forced dismissal of southerners armed men. On 11 June, the Presidential from government employment, had registered Guard raided the Yemen Today satellite TV 93,000 claims by the same time. Neither, channel, forcing it to cease broadcasting, however, appeared sufficiently resourced to and closed down Yemen Today newspaper, address and resolve the claims they received. apparently without authorization from the Public Prosecutor. Local media freedom WOMEN’S AND GIRLS’ RIGHTS organizations said they had recorded 146 Women and girls continued to face incidents in the first half of 2014 of threats, discrimination in both law and practice, attacks or other abuses against journalists. notably in relation to marriage, divorce, child Armed Huthi fighters raided a number of custody and inheritance. They also faced high media outlets in Sana’a in September and levels of domestic and other gender-specific forcibly closed them down. violence. Early marriage and forced marriages continued and in some areas female genital mutilation was widely practised.

Amnesty International Report 2014/15 409 The NDC recommended that universities BACKGROUND and other higher education institutions Guy Scott became acting President following should reserve 30% of places for the the death of President Sata in October. admission of women students, and that the Tensions within the ruling Patriotic Front new Constitution should require government to elect a presidential candidate for the agencies to operate a 30% quota for presidential by-election set for 20 January employing women. 2015 resulted in some violent protests by rival party supporters. REFUGEES' AND MIGRANTS’ RIGHTS Yemen dealt with a large flow of refugees, FREEDOMS OF EXPRESSION, asylum-seekers and migrants seeking safety, ASSOCIATION AND ASSEMBLY protection or economic opportunities during In January, the leader of the opposition the year. Many entered Yemen after crossing Alliance for Better Zambia party, Frank by boat from Ethiopia and Somalia. Transit Bwalya, was arrested and charged with and reception centres were fully managed defamation for allegedly comparing President by UNHCR, the UN refugee agency, and Sata to a sweet potato during a live radio its implementing partners without the broadcast. The authorities alleged that Frank government taking an active role. Bwalya had used a Bemba (Bantu language) idiom used to describe a person who does not DEATH PENALTY take advice. He was acquitted by the Kasama The death penalty remained in force for a Principal Magistrate in July in a ruling that wide range of crimes. Courts continued to upheld his . impose death sentences and executions were In February, a Lusaka court acquitted carried out. Prisoners on death row reportedly human rights activist Paul Kasonkomona. included dozens of juvenile offenders He had been charged in April 2013 with sentenced for crimes committed while they “soliciting for immoral purposes” after he were under 18 years of age. urged the government to recognize the rights of lesbian, gay, bisexual, transgender and intersex people as part of a comprehensive fight against HIV/AIDS during a television debate. The court ruled that the state had ZAMBIA failed to prove its case. The government indicated its intention to appeal against Republic of Zambia the ruling. Head of state and government: Guy Scott (replaced Also in February, 460 NGOs resolved not Michael Chilufya Sata in October as acting to register under the Non-Governmental President) Organizations Act of 2009, the provisions of which may be deemed unconstitutional due to restrictions on freedoms of association and The human rights situation continued to movement. The government had announced decline under the late President Sata’s in 2013 that NGOs failing to register under government. Fundamental freedoms came the Act would not be allowed to operate. under attack, with political opponents, On 12 March, 49 young people were civil society and sexual minorities being arrested by police during a march to systematically targeted. commemorate Youth Day in the capital Lusaka. The young activists were arrested for wearing T-shirts and carrying placards bearing the message “Give us our constitution

410 Amnesty International Report 2014/15 now”. They were separated and detained for at least six hours, before being cautioned and ZIMBABWE released. Four of the youths were reportedly assaulted by police officers who beat them Republic of Zimbabwe with their fists during their detention at Head of state and government: Robert Gabriel Lusaka Central Police Station, resulting in one Mugabe sustaining a serious ear injury. The activists were allegedly forced to remove their T-shirts, leaving some, including young women, The executive continued to enforce old partially undressed. unconstitutional laws including those limiting the rights to freedoms of expression, RIGHTS OF LESBIAN, GAY, BISEXUAL, association and assembly. Violations of TRANSGENDER AND INTERSEX PEOPLE economic and social rights continued, Individuals were harassed, intimidated including forced evictions in rural and and prosecuted for their real or perceived urban areas. Mass job losses occurred as sexual orientation or gender identity. LGBTI companies closed due to an unfavourable individuals continued to live in fear as a economic climate. Intra-party violence result of homophobic attacks backed by the was recorded in the ruling ZANU-PF party authorities. Following statements by senior and the main opposition party. There were government officials in 2013 urging people reports of torture by the police. to report LGBTI people in their communities, individuals continued to suffer harassment BACKGROUND and intimidation by their relatives, their Despite adopting a new Constitution in 2013 communities and the police. Most suffered most laws that were rendered unconstitutional quietly with no support or protection from by the new Constitution remained in the state. operation. The economy continued to lose On 3 July 2014, a court in the town of the traction gained during the period of the Kapiri Mposhi acquitted two men charged Government of National Unity (February under the country’s anti-sodomy laws. James 2009 to August 2013). Intra-party jostling for Mwape and Philip Mubiana were released positions within President Mugabe’s ruling after being held in custody for over a year. ZANU-PF party came to a head towards They denied the charge of “having sex against the party’s sixth congress in December the order of nature”. The judge found that 2014. The intra-party tension, mainly fuelled the state had not proved its case beyond by the uncertainty over the succession reasonable doubt. The two men, both aged of the 91-year-old President, resulted in 22, were first arrested on 25 April 2013, violent clashes during faction-sponsored and detained until 2 May 2013, when they demonstrations. Nine provincial chairpersons were released on bail. They were rearrested lost their positions, including party stalwarts on 5 May 2013 and forced to undergo anal Joice Mujuru (who was also the country’s examinations – which violate the prohibition Vice-President), Rugare Gumbo, Nicholas of torture and other ill-treatment – by Goche, Webster Shamu and Olivia Muchena, government doctors. in an unprecedented purge of party structures fronted by President Mugabe’s wife, Grace Mugabe. The purge created a sense of uncertainty and government ministers were split into two main factions.

Amnesty International Report 2014/15 411 REPRESSION OF DISSENT left unconscious. He collapsed on admission The Zimbabwe Republic Police continued to hospital and had to be resuscitated and to use brutal force and torture against admitted to the intensive care unit. As leader anti-Mugabe protesters and human rights of the Occupy Africa Unity Square (OAUS) defenders. Intra-party violence was recorded protest group, Itai Dzamara had submitted in both the ruling ZANU-PF party and a petition to President Mugabe in October the main opposition party, the Movement calling on him to resign. The group staged a for Democratic Change (MDC-T) led by sit-in protest in Harare’s Africa Unity Square, Morgan Tsvangirai. a park adjacent to Parliament. Kennedy State institutions’ abuse against political Masiye from the Zimbabwe Lawyers for opponents continued mainly in the context of Human Rights, who had responded to a call factional rivalry within ZANU-PF. The police by the activists, was also beaten by anti-riot were used to arrest perceived opponents and police despite identifying himself as a lawyer prosecutions were brought on apparently representing his client Itai Dzamara. Police politically motivated charges. For example, threw away Kennedy Masiye's practising Jabulani Sibanda, a former war veterans’ certificate and assaulted him; he suffered a leader, was arrested on 27 November broken arm and was hospitalized. for refusing to attend Grace Mugabe’s On 26 November, four members of OAUS, provincial rallies where other party leaders Tichaona Danho, Charles Nyoni, Terry were denounced. He was charged under Manzini and Shungu Mutize, were arrested Section 33 of the Criminal Law (Reform and detained after submitting a petition to and Codification) Act for “undermining the the Speaker of Parliament and staging a authority of the President”, then released peaceful protest in the Speaker’s gallery. on bail. Jabulani Sibanda had reportedly They were severely beaten and released accused President Mugabe of “attempting without charge after six hours. At the police to stage a coup both in the boardroom station, the men were ordered to undress. and bedroom” in reference to his wife’s Three officers whipped them, ordered them appointment to the position of leader of to beat each other, demanded to know their ZANU-PF’s women’s league. group’s mission and implored them to stop Deposed ZANU-PF party spokesperson protesting against President Mugabe. Efforts Rugare Gumbo was questioned by police by human rights lawyers to represent them on allegations related to ongoing factional were frustrated by police officials who denied fights. It was reported that he had been holding the men. Later they were ordered to interrogated on his links with a political online dress, go home and not inform anyone about blogger known as Baba Jukwa on Facebook. their detention. Edmund Kudzayi, editor of a state-controlled Prominent MDC-T activist and former MP newspaper, was arrested and faced several Job Sikhala was arrested on 27 November. sedition charges which he denied. He was He was released the following day and also accused of being linked to the same summoned to report back on 29 November. online blogger. The blogger had more than Job Sikhala reported with his lawyers, who 400,000 followers and was involved in a were barred from accompanying him during naming and shaming campaign against interrogation, and was allegedly tortured. He ZANU-PF officials before the July 2013 was hospitalized soon after his release. elections. The trial continued at the end of There was continued abuse of Section 121 the year. of the Criminal Procedure and Evidence Act On 6 November, journalist and pro- (CPEA), which allowed the authorities to veto democracy activist Itai Dzamara was brutally bail granted by the courts to accused persons attacked by anti-riot police in Harare and for seven days pending an appeal. On 22

412 Amnesty International Report 2014/15 August, the state prosecutor invoked Section However, they were acquitted after the state 121 to delay the release of six MDC-T party failed to prove its case. activists and MP Ronia Bunjira, who had On 22 July, police using the POSA banned been arrested during protests demanding the planned marches in Bulawayo, Gweru, fulfilment of ZANU-PF’s pre-election pledge to Harare and Mutare by National Railways of create 2 million jobs. The opposition activists Zimbabwe workers, who were members of the were accused of contravening the CPEA for Zimbabwe Railway Artisans Union, to demand allegedly obstructing or endangering free payment of outstanding salaries. However, on movement of persons or traffic. Angela Jimu, 6 August the High Court ruled that police had a journalist who was covering the opposition no powers to ban trade union demonstrations. march, was beaten by police and had her On 21 August, the Victoria Falls cameras confiscated. She was detained by Magistrates’ Court acquitted four officials police. Section 121 was challenged in several from the civil society organization Bulawayo cases before the Constitutional Court as it Agenda who were facing charges under amounted to arbitrary denial of the right to POSA. Mmeli Dube, Butholezwe Kgosi liberty for accused persons, particularly in Nyathi, Nthombiyezansi Mabunda Tozana cases involving ZANU-PF opponents and and Thulani Moyo were arrested in June and human rights defenders. charged with contravening Section 25(1) Sixteen activists from the opposition (b) of POSA for allegedly failing to notify the Transform Zimbabwe party were detained regulatory authority of a public meeting. The in April for about five hours in Tsholotsho magistrate ruled that the state had failed to for distributing political material and were prove a case against the activists. released without charge. The party’s leader, Abductions Jacob Ngarivhume, continued to face In November, abductions were recorded for charges under Section 24(6) of the draconian the first time since 2009. Public Order and Security Act (POSA). On 12 November, former ZANU-PF Harare Police claimed that Jacob Ngarivhume province chair, Jim Kunaka, was abducted addressed an unsanctioned political meeting by unknown people in Mbare township. He when he delivered a sermon at a church was reportedly forced into a car, blindfolded in June, where he had been invited for a and driven to a bushy area where he was religious meeting. assaulted with iron bars before being On 14 July, 13 Transform Zimbabwe dumped. The abduction was reported at activists were arrested in the town of Gweru Harare Central Police Station. Jim Kunaka’s following a peaceful protest against the arrest abduction took place at a time of intense of Jacob Ngarivhume, who had been arrested jockeying for positions within ZANU-PF. and detained on 12 July for convening a On 2 December, pro-democracy activists party executive meeting. Jacob Ngarivhume Allan Chinewaita, Jerry Mugweni and Itai was charged with contravening Section 24(6) Dzamara were abducted by men in three of POSA. The 13 activists were charged cars while engaging in a peaceful protest under Section 37(1)(a)(i) of the Criminal Law in Harare. They were reportedly taken to (Codification and Reform) Act for allegedly ZANU-PF headquarters and were robbed, participating in a demonstration with the slapped, beaten and spat at by party youths. intention or realization that there was a They were then driven to Harare Central risk or possibility of forcibly disturbing the Police Station where they were handed to peace, security and order of the public. The security agents who tortured them before state alleged that the activists had gathered releasing them without charge. They were intending to promote public violence. hospitalized with severe injuries.

Amnesty International Report 2014/15 413 HOUSING RIGHTS – FORCED EVICTIONS Twenty-six of the villagers were acquitted Despite provisions in Section 74 of the in December. Constitution protecting people from arbitrary In September, hundreds of family homes evictions, the government and local were demolished by the Epworth Local Board authorities carried out evictions without and Chitungwiza Town Council with police court orders. support, and without court orders. Evictions On 25 September, Harare City Council were carried out at night with no time served 324 “illegal settlers” with 48-hour provided for residents to remove belongings. eviction notices: a completely inadequate Police used tear gas during the demolitions. timeframe. In September, the Council At least 30 people were arrested and released demolished informal business structures without charge and 12 people were injured. in the city centre without a court order, The evictions in Epworth were stopped threatening family livelihoods dependent on through a High Court order. the informal sector, as the economy shrank with over 80% formal unemployment. In August, the authorities forcibly shut down Chingwizi Holding Camp, established to accommodate an estimated 20,000 people displaced by the floods in Chivi district in early 2014, resulting from the construction of the Tokwe-Mukosi dam. The crisis at the camp was a result of the government’s failure to plan for the relocation of the flood victims that saw them living in deplorable conditions lacking basic services including adequate access to clean water. The government restricted humanitarian access by barring NGOs from the settlement. The closure was carried out amid protests against attempts to close the camp clinic which turned violent. The authorities responded by using brutal force, beating villagers and indiscriminately arresting some 300 people, mainly men and community leaders, to facilitate the forcible relocation of women and children to one-hectare plots from which they had no possibility of deriving viable livelihoods. Thirty people were charged with committing public violence in contravention of Section 36 of the Criminal Law (Codification and Reform) Act. Twenty-six of the villagers were granted bail on 8 August. Another villager, Sophia Tagwireyi, was granted bail in September while two spent three months in custody before being granted bail. Patrick Chineunda Changwesha remained in detention at the end of the year. The detainees alleged they had been tortured by police while in custody.

414 Amnesty International Report 2014/15 AMNESTY INTERNATIONAL THE STATE OF THE WORLD’S HUMAN RIGHTS AMNESTY INTERNATIONAL REPORT 2014/15 REPORT 2014/15 THE STATE OF THE WORLD’S HUMAN RIGHTS The Amnesty International Report 2014/15 documents the state of human rights in 160 countries and territories during 2014. Some key events from 2013 are also reported.

While 2014 saw violent conflict and the failure of many governments to safeguard the rights and safety of civilians, significant progress was also witnessed in the safeguarding and securing of certain human rights. Key anniversaries, including the commemoration of the Bhopal gas leak in 1984 and the Rwanda genocide in 1994, as well as reflections on 30 years since the adoption of the UN Convention against Torture, reminded us that while leaps forward have been made, there is still work to be done to ensure justice for victims and survivors of grave abuses. AMNESTY INTERNATIONAL This report also celebrates those who stand up REPORT 2014/15 for human rights across the world, often in difficult and dangerous circumstances. It represents

Amnesty International’s key concerns throughout 2014/15 the world, and is essential reading for policy- THE STATE OF THE WORLD’S makers, activists and anyone with an interest in human rights. HUMAN RIGHTS

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