Web pages about "Impunity"

New bill a major step backwards for human rights in Peru

Mon, 10 Nov 2008 15:37:43 +0000

A new bill introduced in Peru's Congress could, if approved, grant amnesty to alleged perpetrators of human rights violations.

The bill would grant amnesty to members of the military and police involved in any violations of human rights committed in the case of Chavín de Huántar – the 1997 military operation to end the Japanese embassy hostage crisis.

Irene Khan, Amnesty International's Secretary General said: "If approved, this bill would be a major step backwards for the rule of law in Peru as it would effectively grant impunity for individuals who could be responsible for human rights violations".

Speaking from Chile, on Friday 7 November, where she presented a memorandum to President Bachelet calling for the annulment of the 1978 Chilean amnesty law, Khan added, "We've witnessed the negative impact amnesty laws have had in Chile and Peru and across countries in the region in the past. The illegality of such amnesty laws has been recognised by the Inter American Court of Human Rights (IACHR)."

The new bill, if approved, would also create a commission which would be empowered to propose amnesties for any military or police personnel under investigation for human rights violations. Victims and their families would effectively be denied the right to learn the truth about the past or to obtain reparations.

The president of the Defence Commission in Congress, Edgar Nuñez, presented the new bill on Thursday 6 November. It has been supported by more than 20 members of Congress from a variety of parties.

An amnesty law passed in 1997 in Peru, but then rescinded, in 2002, was condemned by the IACHR in two well-known judgements – regarding the massacre of 15 women, men and children in Barrios Altos, Lima, in 1991 and the enforced disappearance and murder of nine students and a lecturer from La Cantuta University in 1992.

Amnesty International is urging the Peruvian parliament not to approve the bill. The organization believes that, instead of granting impunity to perpetrators of human rights violations, the government should concentrate on bringing them to trial.

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."

Peru: Amnesty bill setback to human rights

Fri, 07 Nov 2008 19:43:39 +0000

(Santiago, Chile) Amnesty International is urging the Peruvian parliament not to approve a bill currently in Congress which would grant amnesty to alleged perpetrators of human rights violations.

Speaking from Chile, where earlier today she presented a memorandum calling for the annulment of the 1978 Amnesty Law, Irene Khan, Amnesty International's Secretary General said: “If approved, this bill would be a major step backwards for the rule of law in Peru as it would effectively grant impunity for individuals who could be responsible for human rights violations.”

“We’ve witnessed the negative impact amnesty laws have had in Peru and across countries in the region in the past. The illegality of such amnesty laws has been recognised by the Inter American Court of Human Rights (IACHR).”

An amnesty law that was passed in 1997 in Peru, but then derogated in 2002, was condemned by IACHR in the well known cases of Barrios Altos and La Cantuta.

The new bill was presented on Thursday by the president of the Defence Commission in Congress Edgar Nunez and has been supported by more than 20 members of Congress from a variety of parties.

If passed, the bill would not only grant amnesty to members of the military and police involved in violations of human rights committed in the past in the case of Chavin de Huantar, but would also support the creation of a mechanism which would grant amnesty for violations of human rights committed by the military and police in general.

The bill would also deny victims and their families the right to learn the truth about the past or to obtain reparations.

Amnesty International believes that, instead of granting impunity to perpetrators of human rights violations, the government should concentrate on bringing them to trial. That should include those involved in violations committed before 1990.

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.

Five jailed in Chile ten years after Pinochet arrest

Thu, 16 Oct 2008 15:26:24 +0000

Chile's Supreme Court jailed five retired military officials on Wednesday for involvement in the "Caravan of Death" – one of the cases of military government-era killings for which the former President Augusto Pinochet was placed under house arrest ten years ago.

The "Caravan of Death" was a military delegation that travelled around northern and southern Chile by helicopter after Augusto Pinochet's 1973 coup, ordering the deaths of suspected political opponents.

Those jailed for between four and six years include Sergio Arellano Stark, who headed the delegation, a Supreme Court official said. He was jailed for six years.

Augusto Pinochet was arrested in London ten years ago on 16 October 1998. He was arrested on an extradition request from a Spanish judge after the relatives of thousands of victims submitted criminal complaints to Spanish courts, as well as the courts of other states. Subsequently, Belgium, France and Switzerland sought his extradition for crimes under international law.

During Augusto Pinochet’s presidency in Chile, more than 1,100 people were forcefully disappeared, more than 2,000 were extra-judicially executed or died under torture and over 20,000 were tortured over the nearly two decades of military rule in Chile under former President Pinochet.

Amnesty International was the first international non-governmental organization to alert governments to exercise their responsibilities under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment when it was known that former President Pinochet was visiting Europe in September 1998.

The organization mobilized its membership to put pressure on the United Kingdom government to allow his extradition. It also went to court with victims and other non-governmental organizations in the House of Lords to convince it that the United Kingdom was required to grant the extradition request, leading to an historic decision that a former head of state could be extradited to face trial on the basis of universal jurisdiction.

The case laid the foundations for universal jurisdiction to become a reality in practice and led to the arrest of former Chadian President Hissene Habré in Senegal, accused of committing torture, war crimes and crimes against humanity during his Presidency. It also paved the way for the fight in national courts against impunity at the highest level, such as the ongoing trial of former President Alberto Fujimori in Peru.

Amnesty International, however, has said that although the Pinochet case sent a powerful warning to human rights abusers around the world, the rule of universal jurisdiction – under which he was detained – is at risk.

"The detention of Augusto Pinochet heralded a turning point in the practice of universal jurisdiction by recognizing that heads of state are not above the law and could be arrested and tried in foreign courts for crimes committed in their own country," said Irene Khan, Secretary General of Amnesty International.

"Ten years later, there remains a great deal to be done to fulfil the hope for justice created by the arrest of Pinochet. Thousands of perpetrators of crimes under international law are still at large, avoiding justice in safe havens around the world."

Amnesty International has condemned the current failure to use universal jurisdiction to enforce international law when states where the crimes took place fail to investigate or prosecute. With only a small number of cases arrested and prosecuted since the landmark moment of Pinochet’s arrest, Amnesty International is calling for the adoption of effective laws that provide for universal jurisdiction and enable police and prosecutors to fulfil their duty.

In connection to this, Amnesty International is publishing today two papers, one on Germany and the other on Spain. They are the first of 192 such tools for justice in its No safe haven series designed to help lawyers for victims to identify states where universal jurisdiction cases might be brought and to enable civil society to press for reform of national law and practice to make universal jurisdiction effective.

The practice of international justice is also under attack on the International Criminal Court for trying to reach the topmost levels of the government in Sudan. Further damage could be done if the campaign being led by Rwanda calling for the UN General Assembly to condemn "abuses" of universal jurisdiction by foreign judges seeking to prosecute crimes committed in that country were to be successful.

"This is a time to remember the remarkable achievement of the relatives of Pinochet’s victims whose tireless efforts led to his arrest in 1998, under universal jurisdiction," said Irene Khan. "This achievement set a precedent that the international community has a duty to build on, arresting and trying or extraditing people suspected of crimes under international law."

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.

No truth, no justice 40 years after Mexico City massacre

Wed, 01 Oct 2008 16:40:16 +0000

Forty years ago, the Mexican army opened fire on students peacefully demonstrating in Tlatelolco, Mexico City, on 2 October 1968. Estimates vary on how many people were killed, but the massacre remains one of the worst incidents of mass killing in Mexico’s history.

1968 was a year where students and activists around the world rose up to change their reality and, in many places, they clashed with the authorities.

Students shut down campuses across the USA as riots and anti-war marches spread across the country. 80,000 marched against the Vietnam War in London and the civil rights movement in Northern Ireland gained impetus. In May, students in Paris rose up, followed by a huge public strike. There was widespread popular opposition in Czechoslovakia as Soviet troops suppressed political reforms.

And, in downtown Mexico City, just days before the 1968 Olympics opened, police, military and unidentified armed men surrounded La Plaza de Las Tres Culturas, Tlatelolco. The square was full of people demonstrating against police brutality as part of a general student strike that followed the beating of students by the anti-riot police "los granaderos" in July.

At about 6pm, they opened fire, from armoured vehicles using heavy weapons and soldiers on foot carrying bayonet rifles. They fired on the square packed with students and on surrounding residential buildings. Forty-four bodies were eventually released by the government – ten have still not been identified.

And, four decades later, the Mexican government still hasn’t given answers to questions surrounding the massacre that took place in Mexico City, according to Amnesty International. Javier Zúñiga, now a special advisor at Amnesty International, then a lecturer at the National School of Agriculture, had brought his wife and two-year-old daughter to what was expected to be a peaceful event. They witnessed the arrival of government troops from a nearby bridge overlooking the square.

"Forty years on from the Tlatelolco massacre, so many disturbing questions remain unanswered," said Javier Zúñiga. "Who ordered the massacre? For how long had it been planned? How many were killed? Who are those whose bodies still have not been identified?

"It was getting dark at the time the gunfire started, so it was difficult to see exactly what was happening, but I remember, as clearly now as at the time, that the army moved into the square before the gunfire started and not as a consequence of it, as many government sources have maintained. People panicked and started running in different directions crying ‘the army is coming, the army is coming!’ Before long, it seemed as if the square was full with bodies.

"I went back early the following morning and saw piles of belts and shoes. Pools of blood remained on the ground despite obvious efforts to wash them away. I also saw large bullet holes on concrete pillars at adult head height."

Despite continuous efforts by victims, relatives and participants in the student movement to establish the truth of what occurred that night, the full facts have never been established and those responsible have not been held to account.

"The failure of the Mexican government to establish the truth of what happened on the night of 2 October 1968 has left a deep scar in Mexican society that can only be healed by full disclosure, bringing the perpetrators to justice, and providing reparations to the victims or their families," said Kerrie Howard, Deputy Director of the Americas Programme at Amnesty International.

"President Calderón’s government has been all but silent on this dark chapter in Mexico’s history. We challenge this administration to open all relevant archives and records, establish a new and independent inquiry, and lift the obstacles preventing those responsible for this horrific crime being brought to justice."

The organization called on Mexican President Felipe Calderón to establish once and for all the truth behind the massacre that took place in La Plaza de Las Tres Culturas, Tlatelolco, Mexico City, just days before the 1968 Olympics opened. It also urged the government to provide justice and reparations for the families of the victims.

Zimbabwe’s new government has to tackle culture of impunity

Tue, 23 Sep 2008 16:51:27 +0000

Zimbabwe’s President Robert Mugabe signed a power-sharing agreement with the Movement for Democratic Change’s leaders on Monday, 15 September 2008 in an attempt to resolve the political crisis that has been developing since 2000 and escalated sharply in the last six months.

The crisis has been characterised by a series of politically-motivated violations of civil, political, social and economic rights against real and perceived opponents of President Mugabe. Those who instigated or committed these violations have enjoyed almost total impunity.

In the run-up to the 27 June presidential election run-off, the country saw a wave of state-sponsored human rights violations that left at least 165 people killed, thousands tortured and nearly 30,000 people internally displaced. How Zimbabwe’s unity government will tackle important questions of justice and impunity remains unclear.

Amnesty International has said that the validity of the deal would be seriously compromised if it includes amnesties or pardons that prevent human rights violators being brought to justice, the emergence of the truth, and full reparations to victims.

"Nothing should be agreed that would prevent the full emergence of the truth – and those responsible for the gross human rights violations that took place must be brought to justice," said Simeon Mawanza, Amnesty International's expert on Zimbabwe who recently returned from speaking to victims of state-sponsored violence in the country.

"The victims of human rights violations are demanding justice for the crimes they have suffered – and they deserve no less than that. It will be a great betrayal of these victims if national, regional and international leaders were to support pre-trial amnesties for perpetrators of human rights violations."

Simeon Mawanza added that Zimbabwe has clear obligations under international law and that the country must not fail to fulfil those obligations, particularly in this critical point in their history.

"Any durable solution to the crisis in Zimbabwe must have the respect and protection of human rights at its foundation," Mawanza said.

Details of Zimbabwe deal remain unclear

Mon, 15 Sep 2008 12:37:02 +0000

Zimbabwe's President Robert Mugabe has signed a power-sharing agreement with the leaders of the two formations of the Movement for Democratic Change, Morgan Tsvangirai and Arthur Mutambara. The agreement will pave way for the creation of a unity government to end the Zimbabwean crisis that started in 2000. Full details of the deal have not yet been made public.

Amnesty International has said that the validity of the deal would be seriously compromised if it includes amnesties or pardons that prevent human rights violators being brought to justice, the emergence of the truth and full reparation to victims.

"Nothing should be agreed that would prevent the full emergence of the truth – and those responsible for the gross human rights violations that took place must be brought to justice," said Simeon Mawanza, Amnesty International's expert on Zimbabwe who recently returned from speaking to victims of state-sponsored violence in the country.

"The victims of human rights violations are demanding justice for the crimes they have suffered – and they deserve no less than that. It will be a great betrayal of these victims if national, regional and international leaders were to support pre-trial amnesties for perpetrators of human rights violations."

Simeon Mawanza added that Zimbabwe has clear obligations under international law and that the country must not fail to fulfil those obligations, particularly in this critical point in their history.

"Any durable solution to the crisis in Zimbabwe must have the respect and protection of human rights at its foundation," Mawanza said.

Tunisia: Human rights lip service

Fri, 20 Jun 2008 16:37:52 +0000

The Tunisian government is misleading the world as it conveys a positive image of the human rights situation in the country while abuses by its security forces continue unabated and are committed with impunity, Amnesty International revealed in a new report today.

“The Tunisian government has repeatedly asserted that it abides by its international human rights obligations, yet this is far from the reality. It is high time that the authorities stop paying lip service to human rights and take concrete action to end abuses,” said Hassiba Hadj Sahraoui, Deputy Director for the Middle East and North Africa Programme. “As a first step, the Tunisian authorities must acknowledge the disturbing allegations documented in this report, commit to investigating them and bring those responsible to justice."

The report, In the Name of Security: Routine Abuses in Tunisia, details Amnesty International’s concerns regarding serious human rights violations being committed in connection with the government's security and counter-terrorism policies. In their efforts to prevent the formation of what they call “terrorist cells” inside Tunisia, the authorities have been responsible for arbitrary arrests and detentions which breach Tunisian law, and have forcibly disappeared detainees, used torture and other ill-treatment and tried, convicted and sentenced people using unfair proceedings. In addition, they have tried civilians before military courts and produced little evidence to substantiate the charges.

A broad definition of terrorism in the Tunisian Anti-Terrorism Law is used by the authorities to criminalize legitimate and peaceful opposition activities. Although some legal reforms were introduced in recent years to provide better protection for detainees, the laws are routinely flouted by the Tunisian security forces, and have not served as an adequate safeguard against torture, unfair trial and other serious human rights abuses.

Ramzi el Aifi, Ousama Abbadi and Mahdi Ben Elhaj Ali were three of the co-defendants in the Soliman case. Their lawyers report that they were punched, tied up and kicked by prison guards at Mornaguia prison on 16 October 2007, apparently because they had gone on hunger strike in protest against their conditions of detention. Abbadi sustained a serious eye injury and a deep, open leg wound and was in a wheelchair, unable to stand, when seen by his lawyer on 20 October 2007. Ramzi el Aifi told his lawyer that he had been tied up with a rope, beaten up and that a stick had been inserted into his anus. No investigation into these abuses is known to have been initiated by the Tunisian authorities and those allegedly responsible have not faced ustice. Ramzi el Aifi and Ousama Abbadi were sentenced to life imprisonment, though Abbadi's sentence was reduced to 30 years' imprisonment on appeal. Mahdi Ben Elhaj Ali was sentenced to 12 years in prison, reduced to eight years on appeal.

Most human rights abuses are committed by forces of the Department of State Security (DSS), who use torture virtually with impunity.

By failing to investigate allegations of torture, the Public Prosecutor and his staff as well as judges, who often lack independence, effectively help to cover up instances in which detainees are held incommuncado for prolonged periods in breach of Tunisia's own law, as well as torture of detainees in violation of Tunisian and international law. Through their silence and failure to act, they become complicit in the abuses.

“The Tunisian authorities have an obligation to protect the public and combat terrorism, but when doing so they must comply with their obligations under international human rights law," said Hassiba Hadj Sahraoui. "They must ensure that the anti-terrorism and related provisions do not facilitate human rights abuses, and that, in practice, the DDS and other security forces at all times fully respect international human rights laws and standards.”

Despite this record of abuses, a number of Arab and European governments and the US government have returned people they suspected of involvement in terrorism to Tunisia, where they have then suffered arbitrary arrest and detention, torture or other ill-treatment, and blatantly unfair trials.

Houssine Tarkhani was forcibly returned from France to Tunisia on 3 June 2007, and detained on arrival. He was kept in secret detention in the DSS in Tunis for nine days, in violation of international human rights law, as well as three days longer even than the period permitted by Tunisian law for garde à vue detention. During this time, his lawyer reported, Houssine Tarkhani was beaten with a stick all over his body, given electric shocks, insulted and threatened with death. He was subjected to further beating when he asked to be allowed to read the police report, which he was not permitted to read. During tis detention in garde à vue, none of his immediate relatives were informed of his detention as required under Tunisian law. His family knew of his whereabouts only when he was brought before an investigating judge on 12 June 2007. He first appeared before the investigating judge without the assistance of his lawyers, who were not permitted access to him until 19 June 2007, when they saw him at Mornaguia prison. His lawyer’s request to have him examined for evidence of torture still remains unanswered.

“Instead of forcibly returning Tunisian nationals who face torture and unfair trials, foreign governments should be pressing the Tunisian government to take concrete steps to promote human rights reform,” said Hassiba Hadj Sahraoui.

Note to editors:

Amnesty International experts will present the findings of the report at a press briefing in Paris at 15:00 GMT on Monday 23 June.

To arrange for an interview with a spokesperson in Paris, please contact Aurélie Chatelard on + 33 (0) 6 76 94 37 05.

To arrange for an interview with a spokesperson in London, please contact Nicole Choueiry, Middle East and North Africa Press Officer on +44 (0) 7831 640 170.