Web pages about "Disappearances And Abductions"

Protect the people of DRC

Tue, 18 Nov 2008 17:18:22 +0000

Over one million civilians, most of them women and children, have been displaced by fighting in the eastern Democratic Republic of Congo (DRC). The total number of internally displaced persons (IDPs) in the North Kivu region is as high as 1.6 million according to some estimates.

Most are in a desperate situation, without sufficient food, water, medical supplies or shelter.

Fighting has continued in North Kivu despite a unilateral ceasefire declared by the armed group, the National Congress for the Defense of the People (CNDP), on 29 October.

Amnesty International continues to receive reports of serious human rights abuses, including unlawful killings of civilians, rape and forced recruitment, and of extensive looting in the conflict zones

Humanitarian agencies are doing their utmost to bring aid to displaced people, but are close to being overwhelmed by the scale of the suffering. Many IDPs remain inaccessible and some humanitarian operations are suspended because of the fragile security situation.

Amnesty International welcomes the UN SC resolution authorizing the reinforcement of MONUC, the UN peacekeeping force in the DRC, but reminds international community that the human rights and humanitarian urgency in eastern DRC remains the same - every day of delay is costing lives. Urgent implementation of the resolution is needed.

Amnesty International calls upon states to make urgent contributions of troops and equipment to MONUC, with a view to having this equipment and personnel on the ground in the shortest possible time. EU states in particular should prioritize bilateral contributions to MONUC of equipment such as helicopters and transport aircraft, and specialist military units such as engineers and intelligence personnel, as well as infantry.

To help save lives in the DRC, the UNSC must make the protection of civilians a clear and robust priority for MONUC, and to devote the maximum possible of MONUC resources and efforts to this end.

READ MORE:

NGOs call for UN session on the Democratic Republic of Congo (News story, 18 November 2008)

Photo: Displaced people in Kibati camp, North Kivu, Democratic Republic of Congo (DRC), November 2008. © UNHCR/P. Taggart

Spain: No global exception when investigating the crimes of the past

Thu, 13 Nov 2008 12:57:07 +0000

Amnesty International has called on the Spanish government to comply with its international obligations regarding past crimes and to protect victims’ rights by ensuring there is an effective judicial enquiry into the enforced disappearances committed during the Civil War and Franco’s regime (1936-1975).

This request was made as Amnesty International launches a new report refuting myths and distortions about the investigation of enforced disappearances and other crimes carried out against international law at that time. This report follows recommendations made by the UN Human Rights Committee on 31 October, calling on the Spanish authorities to comply with their international obligations as a State Party to the International Covenant on Civil and Political Rights.

The Committee was concerned about long-standing obstacles faced by victims to obtain justice, truth and reparation and called on the Spanish authorities to take measures to repeal the 1977 Amnesty Law and guarantee that crimes under international law will not be barred by statutes of limitations. It also called on the government to appoint an independent commission to establish the historic truth about human rights violations and violations to humanitarian international law committed during the Civil War and Franco’s regime, and to ensure the victims’ remains are located, exhumed and identified, as well as restored to their relatives.

Amnesty International believes that Spain, currently the country with the largest number of cases of enforced disappearance brought to its courts, has prolonged a situation of injustice for too long. The organization also believes that Spain could find itself among the few countries in the world turning its back on its obligation to investigate crimes of enforced disappearance and other crimes under international law.

Myths and distortions
The Spanish Prosecutor’s Office has challenged the inquiry by Judge Garzón, who led the case against former Chilean President Augusto Pinochet, into past crimes on 20 October 2008, calling for the enforcement of the 1977 Amnesty Law and the lapsing of an offence under statutory limitations, amongst other reasons. This could establish impunity mechanisms that are that are not in compliance with the rules applicable to crimes under international law.

Any State that disregards the rights of the victims, under the premise that too much time has passed, places itself beyond internationally recognised law. Blocking the prosecution of enforced disappearances undermines international law, which is part of the Spanish legal system.

In light of this situation, Amnesty International has published a document “Myths and distortions” and the report “Spain: The obligation to investigate the crimes of the past and guarantee the rights of the victims of enforced disappearance during the Civil War and Franco’s regime”. Both documents highlight that the attempts by the Prosecutor’s Office to stop the proceedings are absolutely incompatible with international law, and even with Spanish law.

In its appeal, the Prosecutor’s Office argued that the 2007 “Historic Memory” Law does not allow judicial enquiries because it already provides appropriate and sufficient measures for the victims. However, the Law itself says that “[The provisions of this Law are] compatible with taking the legal action and having access to the ordinary and extraordinary court proceedings established in the laws or the international treaties or covenants ratified by Spain”.

Amnesty International has analysed the way that more than 25 countries have dealt with the issue of enforced disappearances committed in the past. These were the countries that accumulated the largest number of enforced disappearances reported to the UN Working Group on Enforced Disappearances. The Working Group reported that the Spanish government had failed to submit any substantive information to establish the whereabouts of three people whose disappearance had been reported to this Group.

Spain is also one of the countries that the UN Human Rights Committee had to remind that neither amnesty laws, nor the lapsing of the offences by operation of the statute of limitation, can be used as a reason for not prosecuting this kind of crime.

“Investigations on crimes against humanity committed in other countries have been promoted on many occasions in Spain so how can the Prosecutor’s Office question or oppose complying with the obligation to investigate serious crimes committed during the Civil War and Franco’s regime?” said Esteban Beltrán, Director of Amnesty International Spain. “Spain cannot appear before the international community as a State that infringes its international obligations.”

Background
On 16 October, the number 5 Central First-Instance Criminal Court of the National Court recognised its ability to investigate the crimes of enforced disappearance committed during the Civil War and Franco’s regime: an essential step to comply with the international obligation of the State to guarantee justice, truth and reparation to the victims of these awful crimes.

On 20 October 2008, the Prosecutor’s Office submitted an appeal to the National Criminal Court against the order to proceed with the investigation.

For over a century, crimes against humanity have been recognised by international law for the particularly outrageous nature on the conscience of humankind. Enforced disappearances, or crimes of unlawful detention, without providing information as to the whereabouts of the detainees, are the most serious kind of crime against international law.

The international responsibility of the State regarding victims can also be demanded. The governments of the transition to democracy, and later governments, did not deal with the rights of those who suffered serious abuses and were deprived of effective reparation and appeal. The perpetrators of such crimes were not brought to justice nor was there an impartial investigation to establish the crimes of the past.

The right to know the fate of the disappeared is an inalienable right of the victims and one which cannot be barred by statues of limitations. It remains a permanent crime as long as the whereabouts of the victims are not established.

Contact: AI Spain, Ángel Gonzalo or Carmen López, tel. + 34 91 310 12 77.

Video: Irene Khan discusses mission to Chile

Wed, 12 Nov 2008 17:19:43 +0000

Amnesty International's Secretary General Irene Khan led a mission to Chile in at the beginning of November to assess the country’s human rights situation. This visit coincided with the tenth anniversary of the arrest of Augusto Pinochet in London and with the 25th anniversary of Amnesty International's section in Chile.

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Irene Khan discusses what they found in Chile.

Europe urged to protect Guantanamo detainees who cannot be returned home

Tue, 11 Nov 2008 17:00:10 +0000

Five human rights groups have called on European governments to provide humanitarian protection to Guantánamo detainees who will not be charged with any crime but who cannot be returned to their country of origin for fear of torture or other human rights violations.

Amnesty International, the Center for Constitutional Rights, Human Rights Watch, Reprieve and the International Federation for Human Rights urged governments to accept Guantanamo detainees into their countries and ensure they are provided with adequate support.

The call to work with the new US administration on this important step towards the closure of the detention facility at the US Naval Base in Guantánamo Bay, Cuba, was made after a two-day closed strategic workshop in Berlin. The workshop was convened by the NGOs with other international actors active on the issue of humanitarian protection.

Around 50 of the detainees currently held in Guantánamo, who the US government has said it does not intend to charge, cannot lawfully be sent back to their countries of origin because they could face torture and other ill-treatment. They come from countries including China, Libya, Russia, Tunisia, and Uzbekistan.

A joint statement by the human right groups highlighted the "primary and ongoing legal responsibility held by the USA to find solutions for these individuals after years of unlawful detention, including providing them with a safe place to live and receive rehabilitation,"

"Everyone appears to rightly agree that Guantánamo must be closed, and President-elect Obama has said that he will close it," said Daniel Gorevan, Counter Terror with Justice Campaign Manager at Amnesty International. "Clearly, other governments can help make this happen by offering protection to individuals who cannot be released to their own countries. This would have a double effect: helping to end the ordeal of an individual unlawfully held in violation of his human rights, and helping end the international human rights scandal that is Guantánamo."

"This is a key opportunity for both sides of the Atlantic to move beyond the misguided acts of the 'war on terror': rendition, secret detention, and torture," said Cori Crider, Staff Attorney at Reprieve. "President-elect Obama says he will close Guantánamo -- the question is when and how. One of Reprieve's clients was sent back to Tunisia, drugged, hit, and threatened with the rape of his wife and daughter.

"Another is fighting, even now, to stay in Guantánamo because Tunisia threatened him with 'water torture in the barrel.' The US still asserts total authority to send him back. Europe can send a powerful message by reaching out to Obama and providing a safe alternative for these few people.”

"President-elect Obama has committed to closing Guantánamo, but he is going to need Europe's help," said Joanne Mariner, Terrorism and Counterterrorism Director at Human Rights Watch. "European governments could provide much-needed assistance by agreeing to take in some of the detainees who cannot be sent back home."

Amnesty International assesses human rights in Chile

Fri, 07 Nov 2008 12:52:57 +0000

Concluding a one-week visit to Chile on Friday, Amnesty International’s Secretary General Irene Khan issued an assessment of the human rights situation in the country and a set of recommendations addressed to the Chilean government.

"Despite some positive steps taken by successive democratic governments in the last 18 years, Chile’s record on human rights leaves much room for improvement," said Ms. Khan.

"We call on President Bachelet to use the remaining 17 months of her time in office to create a decisive and lasting legacy of human rights reform."

Irene Khan and her delegation met survivors and relatives of victims of torture, killings and enforced disappearances committed during the Pinochet regime and with Indigenous Peoples in San Tiago, Temuco and Calama, and with local officials, government ministries and members of the Congress.

At a meeting with President Bachelet, Amnesty International presented her with a memorandum containing a series of recommendations to improve human rights in Chile.

The main recommendations presented in the Memorandum to the government are to:

Remove the obstacles to truth, justice and reparations for the victims and survivors of human rights abuses committed during the Pinochet regime
End the marginalization and discrimination of Indigenous Peoples
Ratify key international human rights treaties
Fulfil the obligation to develop a comprehensive national human rights plan and establish a national human rights institution according to international standards

"While President Bachelet assured us of her commitment, Congress remains ambivalent and in some cases has been a major stumbling block in the ratification of international treaties and adoption of legal changes to make human rights a reality for all Chileans," said Irene Khan.

"Major cultural and institutional changes are urgently needed if Chile is to make a clean break from its past and successfully tackle the human rights challenges of today. All political leaders and sectors of society share that responsibility and must show stronger will and commitment."

Justice and impunity
Despite some positive developments, there remains a large legacy of “unfinished business” on ending impunity and rendering truth, justice and reparations for past human crimes. Amnesty International is calling on Chile to nullify the 1978 Amnesty Law, to introduce legislation on human rights crimes without limitations, and to extend reparations to all victims of human rights violations, including those living outside the country.

"If Chile is to put to rest the ghosts of the past, the government must take – and Congress must support - concrete and immediate steps to remove the laws from the military era and change the institutional culture in some sectors of state institutions that are hampering the process of truth, justice and reparations," added Irene Khan.

"Impunity for human rights crimes is unfortunately not only a matter of the past but persists also today." Ms. Khan called on the government to reform the Military Code of Justice and to bring Chile in line with international standards by ensuring that all human rights violations are prosecuted in civilian courts.

Indigenous Peoples
Describing her visit to Temuco and Calama to meet the Mapuche, Atacameno and Diaguita peoples, Irene Khan said: "Indigenous peoples are severely discriminated and marginalized in Chile, and see themselves as the victims of an economic strategy that is destroying their lives and livelihoods."

Amnesty International has welcomed Chile’s ratification of Convention 169 of the International Labour Organization, and is calling on the government to ensure that legislation is adopted by Congress to implement the Convention and address the legal anomalies that are depriving the Indigenous Peoples of their human rights.

Amnesty International is calling on the prosecution authorities not to apply anti-terrorist law to acts related to the Indigenous Peoples’ struggle for land, and for the police to respect international standards in policing the communities.

Creating a lasting legacy for human rights
Amnesty International has welcomed Chile’s constructive engagement in the United Nations and in regional issues, and is calling on the government to ratify the Statute of the International Criminal Court and the UN and International Conventions on Enforced Disappearances.

"Chile played a major in the drafting of these treaties and it is therefore hugely disappointing that their ratification is bogged down in Congress."

"If Chile is to retain its credibility as a major player on the international stage, it must close the gap between its constructive contribution internationally to human rights and its slow and inadequate implementation of human rights domestically."

President-elect Obama: 100 days to demonstrate commitment to human rights

Tue, 04 Nov 2008 17:31:44 +0000

The election of Barack Obama to the US presidency opens new opportunities for an end to the seven-year assault on human rights by the US administration.

Amnesty International urged US President-elect Obama to make human rights central to his new administration on Wednesday. The organization is calling for certain concrete steps in his first 100 days in office that would demonstrate a genuine commitment to bringing the USA into line with its international obligations.

The new president will have the authority to rectify some of the unlawful policies and practices adopted during his predecessor’s term in office in the name of counter-terrorism and national security.

Counter terror with justice: a human rights challenge

In the first 100 days, Amnesty International is calling on the new administration to:

announce a plan and date to close Guantánamo;
issue an executive order to ban torture and other ill-treatment, as defined under international law;
ensure that an independent commission to investigate abuses committed by the US government in its “war on terror” is set up.

These demands are part of a “checklist” of actions Amnesty International is asking the new US President to take during the first 100 days in office.

Promoting human rights at home and abroad

Amnesty International has numerous human rights concerns in relation to the USA. The organization is seeking a meeting with President-elect Obama to discuss how the USA will take forward policies that will advance internationally recognized human rights both at home and abroad.

Take action

Call on President-elect Barack Obama to demonstrate a commitment to human rights in his first 100 days in office.

Amnesty International visits Chile 10 years after Pinochet arrest

Tue, 04 Nov 2008 18:17:32 +0000

Amnesty International's Secretary General Irene Khan is leading a mission to Chile to assess the country’s human rights situation. This visit coincides with the tenth anniversary of the arrest of Augusto Pinochet in London and with the 25th anniversary of Amnesty International's section in Chile.

The first Amnesty International Secretary General to visit Chile, Martin Ennals, travelled to Santiago in 1978. Thirty years later, there have been many advances on human rights, but much remains to be done.

The military government of Augusto Pinochet was characterized by brutal repression, enforced disappearances and the worst of human rights violations. Amnesty International has a long history of work on Chile since the military coup in Chile on 11 September 1973, with a research visiting the country in November 1973.

Now, 35 years later, it is clear that the wounds of the past have not healed, and many human rights issues remain to be solved.

During the visit, Irene Khan will meet survivors and relatives of victims of human rights abuses committed during the Pinochet regime, as well as some of those suffering abuses today – including members of indigenous communities in Temuco and Calama. She will also meet government and civil society representatives to discuss the human rights challenges facing Chile, as well as participate in public events.

Legacy of Musharraf abuses lingers on in Pakistan

Mon, 03 Nov 2008 12:35:09 +0000

Pakistan is still suffering from the abusive policies put in place one year ago Monday, when General Pervez Musharraf unlawfully declared a state of emergency. General Musharraf sacked 60 judges of the higher judiciary, suspended the Constitution, including the human rights protection it guaranteed, and replaced it with the Provisional Constitution Order (PCO) on 3 November 2007.

The new civilian government took office after general elections in February 2008, but a spokesperson for Amnesty International said that it has not done enough to improve the country’s human rights situation since then.

"The new civilian government that replaced Musharraf has taken some steps to improve on Pakistan's poor human rights record, but it could and should do more, starting immediately with declaring the 2007 dismissal of judges illegal," said Sam Zarifi, Amnesty International's Asia-Pacific Director.

"Pakistan’s leaders need to actively demonstrate that they respect the rule of law and that the government is responsible for the human rights of all Pakistanis. Without re-establishing its legitimacy and credibility through a strong independent judiciary system, the Pakistani government will be unable to overcome the many troubles facing the country."

Pakistan’s Supreme Court was about to rule on Musharraf’s eligibility to contest the Oct 2007 presidential elections immediately before the state of emergency was declared. The judiciary was also pursuing several hundred habeas corpus petitions brought by families of those who had been subjected to enforced disappearances by Pakistan’s security agencies.

Pakistan’s judiciary has still not been restored to its status of 2 November 2007. In fact, disagreement over the reinstatement of the unlawfully dismissed judges contributed to the collapse of the coalition government that replaced Musharraf’s administration.

The new government signed the International Covenant on Civil and Political Rights and the Convention Against Torture. The cabinet has issued a proposal to commute death sentences. It has also drafted a bill to set up a national human rights commission and to withdraw amendments to the Bar Councils Act that interferes with the independence of the judiciary.

Amnesty International has urged the government to act immediately on its pledges to improve the country’s human rights situation by:

declaring the dismissal of the judges of the higher judiciary in November 2007 illegal and taking steps to ensure the independence of the judiciary, including providing security of tenure and freedom from intimidation or other undue interference in the judiciary’s functioning.
moving urgently to reverse constitutional amendments introduced by President Musharraf, including the amendment that placed all action taken during the emergency period outside judicial review and the amendment which gives the president powers to dismiss an elected government.
following through on its June promise to commute all death sentences – an estimated 7,000 remain on death row
providing public information about all those in government custody – hundreds of people remain subject to enforced disappearance, with their fate and whereabouts unknown.

More face abuse and death as Colombia's government denies human rights situation

Tue, 28 Oct 2008 15:14:43 +0000

The Colombian government is in denial about the country's human rights situation, according to a new Amnesty International report.

Leave us in peace! Targeting civilians in Colombia's internal armed conflict says that despite increasing reports of forced internal displacement, attacks against social and human rights activists and killings by security forces, Colombian authorities are attempting to paint a positive picture.

The authorities even refuse to admit there's an armed conflict in their country. "It's impossible to solve a problem without admitting there is one," says Marcelo Pollack, Colombia researcher at Amnesty International. "Denial only condemns more people to abuse and death."

The most comprehensive up-to-date study on the state of human rights in Colombia, the report is the culmination of in situ research between 2006 and 2008. It recounts the stories of those individuals and communities hardest hit by the conflict, including members of afro-descendant, indigenous and campesino (rural small-scale farming) communities killed or displaced from their homes.

The report also documents the stories of victims of kidnappings; women and girls raped; children recruited by paramilitary and guerrilla groups or maimed by landmines; communities taking an active stand to defend their right not to be drawn into the conflict; and human rights defenders and trade unionists whose work in defence of human rights has cost them their lives.

At least 1,400 civilians were killed in 2007. This figure is up from 1,300 in 2006. Of the cases where the perpetrator is known, the security forces were responsible for at least 330 of these, the paramilitaries for around 300 and guerrillas for about 260.

As many as 305,000 Colombians were displaced in 2007, compared with 220,000 in 2006. At least 190 people were victims of either enforced disappearances by the security forces and paramilitaries or missing following abductions by guerrilla groups in 2007. This figure was up from around 180 in 2006.

The report shows that while some human rights indicators – such as kidnappings and the security situation in some cities – have improved in recent years, many others have deteriorated.

It also debunks statements repeated by the Colombian government, such as paramilitary groups no longer operate, human rights abusers are held to account and the work of social activists and trade unionists is being fully respected.

"For over 40 years, Colombians have been trapped in one of the worst, forgotten conflicts in the world, attacked by the security forces, paramilitaries and guerrilla groups, while the government fails to take any meaningful action to protect them," said Marcelo Pollack.

"To reverse Colombia's tragic reality the government and guerrilla groups must once and for all remove the civilian population from the conflict."

Colombia's internal armed conflict has pitted the security forces and paramilitaries against guerrilla groups since the mid-1960s. It has been marked by extraordinary levels of human rights abuses and violations of international humanitarian law (IHL), with civilians by far the principal victims - tens of thousands have been killed, with thousands more subjected to enforced disappearance by the security forces, paramilitaries or guerrilla groups.

The effect of such abuses has been to create one of the world's greatest crises of displaced people; between 3 and 4 million Colombians are thought to have fled their homes to escape the violence. These crimes bear witness to the disregard shown by all parties to the conflict for international human rights and humanitarian law.

Amnesty International is calling on all parties to the Colombian conflict to demonstrate the political will to end human rights abuses. The organization also urges the international community to make greater efforts to ensure that both sides of the conflict respect the human rights of Colombians.

Video: Tenth anniversary of Pinochet Arrest

Wed, 15 Oct 2008 17:21:51 +0000

General Augusto Pinochet, the notorious former Chilean head of state (1973-1990), was arrested and detained in London 10 years ago.

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Brother and sister Jimmy and Myriam Bell, who were schoolchildren in Santiago during the 1973 coup, discuss their experiences under the Pinochet regime. Having subsequently sought refuge in the UK they have spent the past 35 years fighting for justice.