Web pages about "Prison Conditions"

President-elect Obama recommits to closing Guantánamo and ending torture

Tue, 18 Nov 2008 13:36:27 +0000

US President-elect Obama said in an interview on Sunday that he will take “early action” on closing the detention centre at Guantánamo Bay and ensuring that the USA does not resort to torture. He told the CBS programme 60 Minutes on Sunday: "I have said repeatedly that I intend to close Guantánamo, and I will follow through on that.

"I have said repeatedly that America doesn't torture. And I'm gonna make sure that we don't torture."

Amnesty International said on Monday that President-elect Obama's statement is an important a step in the right direction.

"Amnesty International urges him to seize the initiative after taking office in January and to prioritize ending all internationally unlawful detention and interrogation practices by the USA,” said Rob Freer, Amnesty International's researcher on the USA.

"We urge president-elect Obama to turn his words into action within the first 100 days of his presidency and demonstrate his commitment to meeting the USA's international obligations, including by signing an executive order prohibiting torture and other ill-treatment, as defined under international law.

“President George W. Bush also said that the USA would not torture, but the use of "waterboarding" and other "enhanced interrogation techniques" against detainees held in secret CIA custody and the torture or other ill-treatment of detainees in Afghanistan, Iraq and Guantánamo have told a different story.

"They reveal the sad and disturbing fact that the USA has authorized and justified the use of torture and other unlawful practices in the name of national security,” said Rob Freer.

Amnesty International is also calling on the President-elect to support an independent commission of inquiry into all aspects of the USA's detention and interrogation practices in the "war on terror", and to ensure full accountability for human rights violations committed in that context.

The organization has written to President-elect Obama to urge him to ensure that closing Guantánamo, ending torture and other ill-treatment, and supporting a commission of inquiry, are among his priorities for his first 100 days in office.

Refugees held by Thailand must be freed

Mon, 17 Nov 2008 12:44:26 +0000

Ninety-two children are among a group of 158 Lao Hmong refugees who have been held at a detention centre in Thailand for two years.

Living in harsh conditions, the refugees are constantly in fear of being forcibly returned to Laos, where they are at risk of serious human rights violations. For 21 hours a day, they are locked inside the building where they live in overcrowded, windowless cells. Some have gone on hunger strike or threatened to commit suicide in protest against their detention.

Many of the refugees are in poor health. The children, including 11 infants who were born into detention, are particularly badly affected by the difficult living conditions. Many of them are in bad health. Medical workers have only recently been allowed access to the detention centre.

The detainees had fled persecution in Laos. They were arrested in November 2006 in Bangkok and in Phetchabun, northern Thailand, despite having been recognized as refugees by the UN refugee agency (UNHCR). They are being held at the Immigration Detention Center (IDC) in Nong Khai, northern Thailand.

The Thai authorities tried to forcibly return the refugees to Laos in January 2007. They forced women and children onto buses and drove them to the Lao border as the men barricaded themselves into their cells.

Plans to forcibly return the refugees were abandoned following an international outcry from other governments, UNHCR and non-governmental organizations (NGOs), including Amnesty International.

A high ranking representative of the Thai army visited the centre on 10 April 2008 and told the group that they would be sent to Laos. Threats such as this have added to the group's desperation and fear.

"The refugees told Amnesty International that officials have threatened to forcibly return of all of them to Laos --as collective punishment-- if anyone would try to escape from the detention centre or if any of the women would get pregnant. Such threats add to the fear in which the refugees live, said Brittis Edman, Southeast Asia researcher.

The governments of Australia, Canada, the Netherlands and the USA have pledged to consider allowing the group to resettle in their countries.

UNHCR representatives were unable to gain access to the group since August 2007. However, once a month for the last few months, the UNHCR has been allowed to meet the group in a training room within the IDC. Here they talk about their resettlement and release although so far the Thai authorities have shown no sign of permitting the group to leave.

Fears that the refugees will never be allowed to leave have been fuelled by the construction of an extension to the back of the building where they are being held. The extension has no doors or windows and is only accessible through the existing building. The refugees fear that, once the extension is complete, they will not be allowed outside at all.

The Hmong are one of many ethnic groups in Laos. Although most Hmong are integrated into mainstream society, communities have lived in isolated pockets in the jungle since the Vietnam War ended in 1975. Faced with violent attacks by the Lao army, which still regards them as members of a decades-old armed resistance force, they have lived in hiding from the authorities. Most Hmong refugees and asylum-seekers in Thailand claim to have some connection to these isolated groups.

There are thousands of ethnic Hmong Lao people in Thailand. An estimated 6,500 people, including asylum-seekers, have been living in a camp in Phetchabun since 2004. In 2007, the Thai government agreed with the Lao authorities to send them back to Laos – including those whose asylum claims have not been assessed in fair and satisfactory procedures.

Over 1,500 people were "repatriated" to Laos between February and September 2008. Some were apparently forcibly returned, including a mother whose children were left behind at the camp. Since December 2005, over 2,000 Lao Hmong, including an unknown number of asylum-seekers, have been sent back to Laos where some were arbitrarily detained and tortured.

Amnesty International has voiced its concern that many of the Lao Hmong in Thailand are at risk of serious human rights violations if they are forcibly returned to Laos. Many of those already returned were sent to designated Hmong villages after "re-education".

The Lao authorities have arranged several visits to these reintegration villages for diplomats and journalists, but UN agencies and human rights NGOs have limited access to the sites and the whereabouts of most returnees are not known.

"Amnesty International calls on the Thai authorities to immediately release the 158 Lao Hmong refugees from this unlawful detention and allow preparations for resettlement in third countries to take place as a matter of urgency," said Donna Guest, Amnesty International's Asia-Pacific Deputy Director.

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."

Pro-democracy activists in Syria face 15 years in prison

Wed, 08 Oct 2008 14:23:15 +0000

Twelve pro-democracy activists, currently on trial in Syria, face up to 15 years in prison for calling for democratic reform and respect for human rights.

The activists were arrested in December 2007 and January 2008, after taking part in a meeting of the broad-based opposition coalition, the Damascus Declaration for Democratic National Change (DDDNC). Tens of other participants were arrested but later released without charge.

The 12 activists are being charged with "weakening national sentiment", "broadcasting false or exaggerated news which could affect the morale of the country", joining "an organization formed with the purpose of changing the financial or social status of the state" and "inciting sectarian strife". They are being tried before the Damascus Criminal Court and a verdict is expected on 29 October.

Trial proceedings so far have been marked by serious irregularities. The 12 activists were initially held incommunicado in Damascus by the State Security Branch for up to several weeks, during which time most have said that they were beaten and coerced into signing false "confessions". Their access to lawyers has been restricted, while the lawyers themselves have been denied copies of the case file.

Amnesty International is among several organizations to have voiced concern over the allegations of torture and other ill-treatment, but no official investigation has been conducted by the Syrian authorities.

The organization considers all 12 to be prisoners of conscience detained solely for peacefully exercising their rights to freedom of expression and to freedom of assembly and association. The organization calls for them to be released immediately and unconditionally and for all charges against them to be dropped.

The DDDNC, established in October 2005, is an unauthorized coalition of political parties, human rights organizations and pro-democracy activists. It brings together groups of different tendencies, including Arab nationalist, Islamic, Kurdish, leftist and liberal.

On 1 December 2007, around 170 members held a meeting to elect the leadership of the
DDDNC National Council; Feda'a al-Horani was elected president, while Akram al-Bunni and Ahmad To'meh were both elected to the senior position of secretary.

These three were arrested along with Dr Walid al-Bunni; Arabic literature teacher and literary critic Jabr al-Shoufi; journalist 'Ali al-'Abdullah; journalist and writer Fayez Sarah; Dr Yasser al-'Eit;, People’s Democratic Party member Muhammed Haji Darwish; geological engineer Marwan al-‘Ush; former independent member of parliament Riad Seif and artist Talal Abu Dan.

The DDDNC has called on the Syrian government to suspend the state of emergency in force since 1963. The coalition has also urged the authorities to release all political prisoners; to allow the safe return of Syrian exiles; to abolish Law 49, which makes membership of the Muslim Brotherhood punishable by death; and to uphold the Universal Declaration of Human Rights.

Observing Guantánamo's military commission hearings

Tue, 05 Aug 2008 16:20:21 +0000

On 21 July 2008, the first trial to take place before a military commission convened under the Military Commissions Act of 2006 opened at the US Naval Base in Guantánamo Bay, Cuba. Matthew Pollard, Amnesty International's legal advisor, was present to observe the proceedings.

In the first part of a two-part series, he gives a sense of what it was like there and the importance of independent observers attending such proceedings.

Amnesty International has always been denied access to the detainees held at Guantánamo. Does the organization’s access for the purpose of trial observation offer it any glimpses of the detention facility?

The total area occupied by the United States at Guantánamo Bay is quite large, some 116 square kilometres, with a wide variety of functions. The camps where detainees are held are only a small part of the larger base. As NGO observers, we are not permitted to go anywhere near the detention facilities, or any significant military installations.

In short, coming to Guantánamo Bay to observe the military commissions, except to the extent that conditions of detention become an issue during the trial proceedings, does not add to what we already know about conditions from released detainees, lawyers representing detainees, and the authorities themselves.

How easy is it to communicate with the outside world as an observer there?

We pay a weekly fee for wireless internet access, which we are able to use from within the tents. There is also a tent with telephones that can be used with long distance calling cards that function just like the ones you would buy anywhere else. Civilian mobile phones do not, so far as I am aware, work on the network at the base, though some European phones apparently pick up a signal from Cuban networks on the other side of the fence separating the base from the rest of the island.

As we can’t take anything electronic into the area where hearings take place, and don’t leave that area during the day except for lunch, we generally only get a real opportunity to telephone or email in the evening.

Are you free to move around?

If we want to leave the area immediately around our tents, as NGO observers, we must always travel in a group and always be accompanied by one of the several "minders" assigned to us by the military here. They are members of the military, and one of the three minders must always be with us, 24 hours a day.

During the day, they generally must accompany us in uniform. Even with the minders, there are many places we cannot go. Understandably, there are additional security checks and restrictions when we enter the area where the hearings are actually held. And, as mentioned earlier, we are not allowed to go anywhere near the detention facilities.

Where do you stay?

We spend most of our time in an area called "Camp Justice" – an ironic name if ever there was one – which consists primarily of ordinary semi-permanent air-conditioned military tents, each with six beds, where we sleep and work (and where I am writing this now) as well as a fridge, microwave and so on; tents containing shower, toilet, and laundry facilities; and a media centre located in a hangar where we can observe (but not ask questions at) press conferences, and talk to the media nearby.

From here, we are not far from the buildings where the trials take place, but need to pass through lots of security and be escorted by our military minder to go there.

The other areas we are allowed to see do not look too different from a small town anywhere in the United States – after all the base as a whole is essentially a community for the people who work here – so there are familiar chain restaurants, pubs, recreational facilities, residential neighbourhoods, an outdoor cinema, parks, several small shops and at least one supermarket, and so on.

How do you get there?

The military offers space on some of its flights from Florida to journalists and NGOs. However, the frequency of those flights is limited. Several private companies also offer commercial flights to Guantánamo Bay. Everyone requires permission from the Department of Defense.

The commercial flights to Guantánamo Bay won’t permit anyone who doesn’t have the necessary documents to board the plane. They leave from Fort Lauderdale airport, just north of Miami, Florida. The flight I took was an older small plane, capable of carrying about 8 passengers.

These flights may include military and civilian personnel who work at the base, lawyers, and NGOs. The flight generally takes between three and four hours, partly due to the fact that the plane cannot enter Cuban airspace and so must take a longer route than would otherwise be necessary.

Can you describe a 'typical day' for us?

On a day where a court hearing will take place, we generally get up around 7am, shower and have a coffee and cereal bar in the tent, and are collected by our minder at around 8. We go through the security procedures to the building where the hearings are conducted, usually beginning at 8:30.

Hearings are scheduled to continue until 5pm, with several short breaks and a longer break for lunch, though they often sit later into the evening in order to finish with a witness (so that the length of time he or she is on the island can be minimized). Our minders have to sit with us in the hearings. Sometimes the hearings end early or may not happen at all.

After the hearing is finished, there is normally a press conference in the media centre, where the Chief Defence Counsel and Chief Prosecutor, or their designates, answer questions from the media. NGOs are not allowed to ask questions at the press briefings, though we are able to sit and observe.

Once the press briefing is finished, often around 7:30 or 8pm, we may speak with the print or television media outside the briefing room for anywhere from a few minutes to an hour.

After that, we normally return to the tents and change into more comfortable clothing, and then go to a restaurant for dinner. Again, our minder must accompany us. Finally, we return to our tents to write reports back to our offices and then finally get to bed sometime between 11:30 pm and 1 or 2 in the morning.

How many others are with you?

As I mentioned, the NGO observers generally must always travel as a group. During my time here, I have been with three observers from other organisations. There are also journalists who we see at the hearings and press conferences and from time to time run into elsewhere on the base – their numbers vary.

Sometimes there are only one or two in the room where the hearings take place (though more may be watching via CCTV from the media centre) and only a handful on the island at all – at other times larger crowds of journalists may stay for only a day or two around a significant event.

Why do they allow observers?

You would need to ask the US authorities for a definitive answer, but my understanding is that they believe that allowing observers demonstrates their confidence in the fairness of the procedures. Of course, we do not agree that the procedures are lawful or fair, but being there helps us to document further our concerns.

Are there any key absences? Do you know of any people denied access?

I don’t know if any person or organization who has sought to observe the trials has actually been denied access. Access for witnesses may be a different question, however. At the time of my writing, some problems were anticipated with regard to access to the hearings for certain witnesses the defence counsel wished to call.

For instance, in the trial I am observing, the accused is alleged to have entered into a conspiracy that included high-level al-Qa’ida officials, some of whom are currently being detained in highly restrictive conditions as so-called “high value detainees”.

Normally when these detainees appear in their own proceedings, the observers sit in a sound-proof box and a lengthy time delay is added to what they hear such that audio can be cut if the military judge or national security officer deems it necessary. At the time I left, it remained unclear whether these detainees would be allowed to testify as witnesses in the trial I was observing.

There have also been indications that some other witnesses the defence consider necessary for the defendant’s case, who live in other countries, might not be allowed access to the base, and again, at the time of writing, it is not known whether these people would give testimony by video link or otherwise.

Japan must respect rights of detained Greenpeace activists

Tue, 15 Jul 2008 16:47:49 +0000

Amnesty International has expressed its deep concern to the prime minister of Japan about the detention of two Greenpeace activists, Junichi Sato and Toru Suzuki, who have been charged with theft and trespass.

Amnesty International said: “These two must be allowed to challenge their detention before an independent and impartial court in proceedings which meet international standards of fairness.

“It is imperative that their rights to freedom from arbitrary deprivation of their liberty are fully respected, in accordance with international human rights treaties to which Japan is a state party.

“We also ask that an independent, impartial and thorough investigation is begun into their arrests and that the findings of the investigation be made public.”

Junichi Sato and Toru Suzuki were arrested on 20 June; they were initially detained by Japanese prosecutors for 13 days on suspicion of trespass and theft. Their detention without charge or trial was extended by ten days. On 11 July, as the maximum period for their continued pre-charge detention was due to expire, they were charged with theft and trespass.

Junichi Sato and Toru Suzuki are cooperating fully with the police and prosecution. They have provided written depositions to the public prosecutor, and voluntarily and proactively submitted relevant evidence. They acted with a view to raising public awareness around the Japanese government-sponsored Southern Ocean whaling programme, rather than for illegitimate personal gain, while working for a well-respected international organization.

“We are also concerned that their detention, the charges against them, and the police raids on Greenpeace’s office and the homes of five of its staff are aimed at intimidating both activists and non-governmental organizations.

“We ask the Japanese prime minister to make a clear statement assuring human rights defenders, including environmental activists such as Junichi Sato and Toru Suzuki and organizations such as Greenpeace, that their right to engage in peaceful activities without intimidation or harassment will be respected by the state, including the justice system."

Video: Murat Kurnaz, former detainee at Guantánamo and Afghanistan

Mon, 16 Jun 2008 13:55:34 +0000

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Murat Kurnaz was arrested in Pakistan in November 2001, and then held in US custody in Afghanistan and Guantánamo.

He was detained without charge or trial for nearly five years.

Released in August 2006, he is now back home in Bremen, Germany.

No hiding place for torture

Thu, 05 Jun 2008 11:41:52 +0000

Article 5 of the Universal Declaration of Human Rights states that everyone has the right to be free from torture and other ill-treatment. 60 years after it was adopted unanimously at the United Nations, Amnesty International documented torture in at least 81 countries.

The organization has documented torture for decades, but governments’ actions in recent years have challenged the validity of the prohibition itself, particularly in the context of counter terrorism.

This month, Amnesty International will seek to reverse this trend. In partnership with the Global Elders, the organization will call on governments to condemn and prevent torture and other ill-treatment and hold to account those responsible.

No justification for torture

Government responses to the attacks of 11 September 2001, and attacks in other countries since then, have amounted to a serious assault on the framework of human rights. They have not only used torture, they have sought to justify it in the name of security.

Detainees have been subjected to secret detention, enforced disappearance and indefinite detention without charge or trial. They have been transferred from one state to another without due process and have been sent to countries where they have faced torture. Such practices and lack of accountability have facilitated the spread and acceptance of torture.

Counter Terror with Justice

Torture is a crime that cannot be justified under any circumstances. Governments must bring to justice those responsible for authorising and inflicting it. The conditions which allow it to flourish, particularly illegal detention, must be brought to an end.

Governments have a duty to protect their population from violent attacks, but real security can only be achieved through justice and the promotion of human rights.

What you can do:

Amnesty International will organize actions on and around 26 June, International Day in Support of Victims of Torture. Contact your local office and get involved;
Take action now to end illegal US detentions;
Stay informed by signing up to our e-newsletter and visiting our activism blog.

Parliamentarians meet US authorities over illegal detentions

Wed, 14 May 2008 08:49:40 +0000

International parliamentarians are meeting with US government officials from 14-16 May 2008 to discuss Amnesty International's framework to end illegal US detentions.

Sir Menzies Campbell, Member of the UK Parliament, and Christophe Strasser, Member of the German Bundestag, will represent the 1,236 parliamentarians from 30 countries that have already joined the call to US authorities to end illegal detention at Guantánamo and elsewhere, in accordance with Amnesty International's framework.

Sir Menzies Campbell and Christophe Strasser will meet with officials from the US Department of State, the House Foreign Affairs Subcommittee, the Senate Judiciary Committee, the Office of Senator McCain and the US Navy, among others.

Replica Guantánamo cell touring the US

Since 8 May, a replica of a maximum security cell at Guantánamo has been touring the US. The tour, organized by Amnesty International, is a way to enable people to get a glimpse of the harsh realities of illegal detention and prolonged isolation.

Mary Robinson, former President of Ireland, ex-UN High Commissioner for Human Rights and a representative of the Global Elders, visited the cell in Miami on 10 May and spoke to Amnesty International activists who had gathered for a concert and rally.

Getting a glimpse of Guantánamo

Wed, 07 May 2008 11:46:52 +0000

Amnesty International is bringing a life-size model of a maximum security cell at Guantánamo to cities across the USA. The tour is a way to enable people in the United States to get a glimpse of the harsh realities of illegal detention and prolonged isolation.

Most of the detainees at Guantánamo are held in isolation, many of them with virtually no access to natural light or contact with other human beings, for up to 24 hours a day. Compounding their suffering is the fact that they have no indication of when or if they will be freed from Guantánamo.

Most are detained without charge. Those who have been charged face unfair trials by military commission. Some may face execution.

Starting in Miami on 8 May, the tour will make a stop in Washington D.C. on 26 June, to mark International Day in Support of Victims of Torture.

Visitors to the cell are encouraged to enter and to experience the conditions of isolation and then share their experience in a video message. Watch a panoramic photo from inside the model cell to get an idea. And before leaving, they can also take action to end illegal US detentions at Guantánamo and elsewhere.