Amnesty International stands by its evidence

Amnesty International stands by its evidence that people, including children, are suffering insurmountable long-term damage and are attempting suicide while on Nauru.

Amnesty International’s report Island of Despair’: Australia’s “processing” of refugees in Nauru provides evidence of mental health deterioration, evidence of the lack of appropriate medical care and evidence of the length to which the Australian Government has gone to to cover up what’s really going on in Nauru.

These horrific and unpalatable facts are what need to be addressed.

The Immigration Minister Peter Dutton and his Department have failed to provide any evidence contrary to what our report very clearly states.

While Amnesty International’s report highlighted the epidemic of self harm, depression and attempted suicides on the island, in a media interview yesterday with The Australian report author, Anna Neistat, Senior Director of Research at Amnesty International described in detail three cases and made it clear that three attempted suicides of children is three too many.

Anna Neistat described in detail the case of a nine-year old boy who tried to set himself on fire. A 13 year-old boy who attempted suicide several times, and whose father said that in the small room he has to hide any sharp objects or medication, and does not allow his son to go out, fearing for his life.

The third case involved a 13 year-old girl who, according to her sister, first tried to cut her veins and then overdosed on medication. Her family found her unconscious. The doctors managed to save her but at the time of the interview with the Amnesty International researcher, the girl was still recovering and did not eat, speak, and refused to interact, even with her family.

If even three children attempting to kill themselves is not enough for Minister Dutton to act, Amnesty International’s 7 million supporters would like to know, when will the Government act and change this cruel policy?

The fact remains that the Australian Government’s “processing” of refugees and asylum seekers on Nauru is a deliberate and systematic regime of neglect and cruelty, and amounts to torture under international law.

If the Australian Government has nothing to hide, as it claims, they should ensure full access to Nauru for independent media, lawyers, human rights organisations and researchers.

Evidence amounting to torture

Amnesty International was instrumental in setting up the Convention Against Torture (CAT).  In 1973 Amnesty launched the first ever global campaign to end torture.

We have 55 years of experience in identifying and eradicating torture and understand very well what is defined as torture under CAT.

Amnesty International does not use this term unless there is evidence that it meets the definition of torture. Torture is an extremely serious allegation and we do not make this claim lightly.

Department of Immigration and Border Protection claim 
In response to the Department of Immigration and Border Protection claim that we did not consult with them:

Ten days before the report launch, Amnesty International sent a summary of its overall findings to officials of the Department of Immigration seeking their input regarding the violations of international law documented in the report.

Amnesty International gave the Department the right to reply and explained that the organisation would publish their response alongside the report if they responded within the given time frame.

The Department has not yet provided a detailed response to Amnesty International’s findings and recommendations.

Syria: UN must act to end onslaught of Aleppo

The UN General Assembly (UNGA) must step in to fill the void left by the UN Security Council members’ catastrophic failure to end relentless attacks targeting the civilian population in eastern Aleppo city, said Amnesty International ahead of a UNGA meeting later today.

The organization has released new satellite imagery illustrating the scale of destruction, as well as testimony from civilians trapped in the city, providing evidence that Syrian government forces, with Russian support, have callously attacked residential homes, medical facilities, schools, markets and mosques as part of a deliberate military strategy to empty the city of its inhabitants and seize control. In some cases there is evidence that Russian-made cluster munitions were used in attacks.

© DigitalGlobe 2016
© DigitalGlobe 2016

“The world’s inaction in the face of the continuing carnage and blatant violations in Aleppo city must end. The UN General Assembly must show it can act where the Security Council has so catastrophically failed – the credibility of the UN is at stake,” said Lynn Maalouf, Deputy Director for Research at Amnesty International’s Beirut regional office.

“The scale of the bloodshed and destruction wrought on eastern Aleppo city over the past month is harrowing. Syrian government forces, with the support of Russia, have launched relentless attacks that have flagrantly disregarded fundamental rules of international humanitarian law.

“The woefully inadequate eight-hour pause in bombing announced by Russia is no substitute for unimpeded access for impartial humanitarian relief and an end to unlawful attacks. Member states must use today’s meeting to demand a lifting of the siege, an end to unlawful attacks, and to push for concrete measures to bring those responsible for war crimes to justice.”

Many of Aleppo’s remaining civilians live in constant fear of daily attacks. Soha, a local activist, described to Amnesty International how she takes her seven-month-old baby with her everywhere she goes as she is terrified of losing him.

“Every time I see a woman or child injured, I think it could have been me and my son. Nowhere is safe in Aleppo city, every one of us is a target,” she said.

Siham, whose four-year-old daughter was killed in the recent bombardment, described the pain of her loss to Amnesty International. Her husband was detained by government forces in 2012 before their daughter was born.

“I have lived all my life in Aleppo city… I lost [my daughter] six days ago. A bomb fell in front of the building where she was playing. I can’t remember the last words she told me… I lost her just like that for nothing…absolutely nothing. I wish I had died with her.”

“Nowhere is safe in Aleppo city, every one of us is a target.”

The diplomatic deadlock has seen the UN Security Council paralysed as the civilian death toll in Aleppo rises by the day.

Russia, with support from China, has repeatedly wielded its veto power to block any action that would see the Syrian government held accountable for grave violations, including war crimes. Less than two weeks ago a French UN draft resolution calling for an end to attacks on civilians in Aleppo failed after a Russian veto.

Seventy countries called for today’s meeting sending a clear message that inaction at the Security Council must be addressed. Member states must support initiatives at the UNGA to bring an end to the cycle of war crimes in Syria. Imposing targeted sanctions on Syrian officials and a comprehensive arms embargo are two measures that could also help pressure the Syrian government to end violations of international humanitarian law.

233402_three-craters-labeled

Relentless attacks on civilians and civilian objects

Satellite imagery analyzed by Amnesty International reveals that in just one week, 90 locations were damaged or destroyed in an area roughly the size of Manhattan, New York City. Overall more than 110 locations were damaged between 18 September and 1 October 2016.

Amnesty International documented a series of attacks over the past three weeks which appear to be aimed at decimating civilian life in Aleppo city. Researchers from the organization spoke to residents, medical workers and activists who are trapped and who described a drastic deterioration in the humanitarian situation, amidst daily air strikes targeting civilian homes and infrastructure, including medical facilities, a market, a school, electricity and water company. The areas struck were all located away from military targets such as the battle frontline, military checkpoints or vehicles.

“Syrian government forces claim to be attacking non-state armed groups but the real objective is clear: to inflict severe suffering on the civilian population in order to drive them out. The world continues to stand by as this pattern is repeated over and over throughout Syria,” said Lynn Maalouf.

According to the Syrian American Medical Society, 14 medical facilities have been hit by air strikes since 21 September, putting many of them out of service. Doctors have been struggling to cope with an influx of large numbers of casualties in need of emergency medical treatment – at one point, 800 wounded patients needing care were recorded in one week.

“Syrian government forces claim to be attacking non-state armed groups but the real objective is clear: to inflict severe suffering on the civilian population in order to drive them out.”

Lynn Maalouf

One eyewitness described to Amnesty International an attack on al-Sakhour hospital on 3 October. A bomb fell at the hospital entrance leaving behind a large crater and partially destroying a nearby field hospital. It was the third attack on the hospital that day, he said:

“I arrived at al-Sakhour hospital three hours after the attack had happened… I saw 10 injured and four killed… The injured included two of the hospital’s medical staff…The closest frontline is around 300 meters away.”

A doctor in Aleppo city told Amnesty International that supplies, equipment and fuel were fast running out because of the siege.

“In Aleppo city, residents fear living or being in or around a hospital because we have become a target for the regime,” he said.

“Deliberate attacks on civilians and civilian objects are serious violations of international humanitarian law and amount to war crimes. The pattern of attacks targeting the civilian population, buildings and infrastructure of eastern Aleppo provides clear evidence that this is part of a calculated military strategy to make life unbearable for civilians and to empty the city by force,” said Lynn Maalouf

Alleged cluster munition attacks

Several residents also told Amnesty International that they had witnessed attacks using internationally banned cluster munitions, bombs that scatter scores of submunitions over a wide area posing a major threat to civilians.

Amnesty International reviewed images showing remnants of cluster bombs and submunitions in civilian areas of eastern Aleppo over the past three weeks and consulted independent weapons experts who identified these as Russian made AO-2.5RT submunitions or the very similar AO-2.5RTM, along with remnants of the RBK-500 cluster bomb from which they are dispensed.

Fadi, was getting into a car at a busy market in Zebdie district with his friend on 25 September when a warplane dropped two cluster bombs. He and his friend were both struck by shrapnel. “All I remember after that was the feeling of agonizing pain in my leg and hip. I kept hearing small explosions… People were lying on the ground. Some crawling and others not moving,” he said.

Majed, another survivor was at the same market in Zebdie which is around 500 metres away from the nearest front line when the attack took place. He recalls hearing the sound of small explosions before he woke up on the ground in shock covered in blood and surrounded by wounded people. Two pieces of shrapnel were lodged in his leg.

Osama also witnessed a cluster bomb attack on the same day as he was driving an injured friend from al-Mashhad neighbourhood to the hospital.

“I heard the sound of a warplane and then the [car’s] window pane shattered on top of us. I heard a series of small explosions that went on for almost a minute… More than 40 people were injured,” he said.

“The use of cluster munitions is banned under international law because they are inherently indiscriminate and, due to their high dud-rate, pose a long-lasting threat to civilians. Their apparent use in eastern Aleppo city is just further evidence of how determined Syrian government forces and their Russian allies are to create a hostile and deadly environment in the city, clearly aimed at driving civilians out at any cost,” said Lynn Maalouf.

Malaysia: Drop travel ban on Zunar

The Malaysian authorities must immediately lift an arbitrary travel ban on cartoonist and political activist Zulkiflee Anwar Ulhaque (Zunar) that prevented him from leaving the country on 17 October 2016.

Zunar, an outspoken critic of the government, is facing nine sedition charges. This is in relation to tweets he made following a Federal court ruling on 10 February 2015, which upheld the conviction and five-year prison sentence of former opposition leader and prisoner of conscience Anwar Ibrahim for “sodomy”.

Arbitrary travel bans against government critics are a blatant violation of the right to freedom of movement and association.

On 17 October 2016, Zunar was travelling to Singapore to attend a private forum via Kuala Lumpur International Airport. At the immigration check at the airport he was stopped by the immigration officer who informed him that the police had instructed them to stop him from travelling. However, up to now, there has been no date set for Zunar’s trial and he has been previously allowed to travel freely, even after being charged. A valid, lawful reason must be provided by the Malaysian authorities for this ban to be in place. To date, there have been no explanation and no reasons provided for this action.

Arbitrary travel bans against government critics are a blatant violation of the right to freedom of movement and association. Such actions also stifle the right to freedom of expression, all enshrined in the Universal Declaration of Human Rights. Under international law, everyone has the right to freedom of movement without arbitrary interference, as well as to freely associate with others and to express him or herself peacefully. The right to freedom of movement is further provided for under Article 9 of the Federal Constitution of Malaysia.

Amnesty International views this travel ban on Zunar as the latest attempt by the Malaysian authorities to silence government critics. Since he was charged last year, Zunar has remained an outspoken critic of the Malaysian government, both at home and overseas, and has continued to use his cartoons to highlight/draw attention to allegations of corruption and the abuse of power in the country.

Other activists who have been barred from travelling overseas include Maria Chin Abdullah, chairperson ofBersih, the coalition for clean and fair elections, in May 2016 and Hishamuddin Rais, a lawyer and political activist, in December 2015.

Travel bans are a pernicious way to also hamper the work of human rights defenders and other government critics. To make the situation worse, even challenging these bans in Malaysian courts can be a tedious, cumbersome exercise that drains financial and other resources.

Amnesty International calls on the Malaysian authorities to respect and protect the right to freedom of expression, including by removing travel restrictions which violate internationally recognised human rights, are unconstitutional and have been imposed without due process.

The organization also reiterates its calls to the authorities to drop all charges against Zunar and others facing prosecution for their peaceful political activities, and take immediate steps to repeal restrictive laws such as the Sedition Act, Peaceful Assembly Act, Film Censorship Act and Section 233 of the Communications and Multimedia Act 1998 or amend these laws thoroughly so as to bring them into compliance with international human rights law and standards.

Background

Since 2009, Zunar’s cartoon books have often been confiscated or banned from sale, his office and printers raided and his assistants harassed.

In recent years, human rights defenders, opposition politicians, journalists and academics have been targeted by repressive laws used to stifle dissent in Malaysia. Dozens are facing prosecution for peacefully expressing their views or participating in peaceful protests.

The right to life and personal liberty is guaranteed by the Federal Constitution. According to Malaysian law, travel bans can only be imposed in exceptional circumstances, such as tax evasion, and if a person is bankrupt.

 

Iraqis fleeing IS-held areas face torture, disappearance and death in revenge attacks

Paramilitary militias and government forces in Iraq have committed serious human rights violations, including war crimes, by torturing, arbitrarily detaining, forcibly disappearing and extrajudicially executing thousands of civilians who have escaped areas controlled by the armed group calling itself the Islamic State (IS).

Paramilitary militias and government forces in Iraq have committed serious human rights violations, including war crimes, by torturing, arbitrarily detaining, forcibly disappearing and extrajudicially executing thousands of civilians who have escaped areas controlled by the armed group calling itself the Islamic State (IS), said Amnesty International in a new report published today.

The report ‘Punished for Daesh’s crimes’: Displaced Iraqis abused by militias and government forces exposes the terrifying backlash against civilians fleeing IS-held territory, raising alarm about the risk of mass violations as the military operation to recapture the IS-held city of Mosul gets underway.

The report is based on interviews with more than 470 former detainees, witnesses and relatives of those killed, disappeared or detained, as well as officials, activists, humanitarian workers and others.

“After escaping the horrors of war and tyranny of IS, Sunni Arabs in Iraq are facing brutal revenge attacks at the hands of militias and government forces, and are being punished for crimes committed by the group.”

Philip Luther, Research and Advocacy Director for the Middle East and North Africa 

“After escaping the horrors of war and tyranny of IS, Sunni Arabs in Iraq are facing brutal revenge attacks at the hands of militias and government forces, and are being punished for crimes committed by the group,” said Philip Luther, Research and Advocacy Director for the Middle East and North Africa at Amnesty International.

Interactive map: The journey and plight of displaced Iraqis

“Iraq is currently facing very real and deadly security threats from IS, but there can be no justification for extrajudicial executions, enforced disappearances, torture or arbitrary detention.

“As the battle to retake Mosul begins, it is crucial that the Iraqi authorities take steps to ensure these appalling abuses do not happen again. States supporting military efforts to combat IS in Iraq must demonstrate they will not continue to turn a blind eye to violations.”

The report highlights widespread revenge attacks and discrimination faced by Sunni Arabs suspected of being complicit in IS crimes or supporting the group. Many were displaced during major military operations in 2016 across the country, including in Falluja and surrounding areas (in the governorate of Anbar), al-Sharqat (Salah al-Din governorate), Hawija (Kirkuk governorate) and around Mosul (Ninewa governorate).

The predominantly Shi’a militias involved in abuses, known as the Popular Mobilization Units, have long been backed by the Iraqi authorities, which have provided them with financial support and weapons. They were officially designated part of the Iraqi forces in February 2016.

The government’s responsibility for these violations cannot be ignored and states supporting or participating in the ongoing military effort to combat IS in Iraq should have rigorous checks in place to ensure that any support or equipment they provide does not contribute to abuses.

Mass abductions, killings and torture

Amnesty International’s research reveals that war crimes and other gross human rights violations were committed by predominantly Sh’ia militias, and possibly government forces, during operations to retake Falluja and surrounding areas from IS in May and June 2016.

In one shocking incident at least 12 men and four boys from the Jumaila tribe who fled al-Sijir, north of Falluja, were extrajudicially executed after they handed themselves in to men wearing military and federal police uniforms on 30 May. Men and older boys were separated from the women and younger children before being lined up and shot dead. At least 73 other men and older boys from the same tribe were seized a few days earlier and are still missing.

Militias also abducted, tortured and killed men and boys from the Mehemda tribe who fled Saqlawiya, another town north of Falluja. On 3 June, some 1,300 men and older boys were seized. Three days later, more than 600 of them were transferred to the custody of local Anbar officials bearing marks of torture on their bodies.

Survivors interviewed by Amnesty International said they were held at an abandoned farmhouse, beaten with various objects, including shovels, and denied food and water. One survivor said that 17 of his relatives were still missing, including his 17-year-old nephew. Another of his relatives had died, apparently as a result of torture.

“There was blood on the walls… They hit me and the others with anything they could lay their hands on, metal rods, shovels, pipes, cables… They walked on top of us with their boots. They insulted us, and said that this was payback for the Speicher massacre [in which some 1,700 captured Shi’a cadets were summarily killed by IS]… I saw two people die in front of my eyes,” he told Amnesty International.

A local investigative committee set up by the Governor of Anbar concluded that 49 people captured from Saqlawiya were killed – either shot dead or burned or tortured to death – and that 643 others remained missing. The government announced that investigations had been opened into the incident and arrests carried out, but has not disclosed any detailed information about findings or those detained.

The abductions and mass killings near Falluja are far from isolated incidents. Across the country, thousands of Sunni men and boys who fled IS-held territory have been forcibly disappeared by Iraqi security forces and militias. Most went missing either after handing themselves over to pro-government forces or were seized from their homes, camps for internally displaced people or at checkpoints or on the streets According to one local parliamentarian, since late 2014 members of the Hizbullah Brigades have abducted and forcibly disappeared up to 2,000 men and boys at the al-Razzaza checkpoint, which separates Anbar and Karbala governorates.

“Iraqi authorities, whose complicity and inaction in the face of widespread abuses have contributed to the current climate of impunity, must rein in militias and make clear that such serious violations will not be tolerated.”

“The Hashd [militias] took our men away saying this was payback [for IS abuses],” said “Salma” (name changed to protect her identity), whose husband was seized at the al-Razzaza checkpoint with his two cousins in January 2016 as they fled IS rule.

“Iraqi authorities, whose complicity and inaction in the face of widespread abuses have contributed to the current climate of impunity, must rein in militias and make clear that such serious violations will not be tolerated. They must impartially and independently investigate all allegations of torture, enforced disappearances and extrajudicial executions,” said Philip Luther.

“Failure to do so will allow a vicious cycle of abuse, repression and injustice to continue and raises serious fears about the safety of civilians still in Mosul.”

Torture and abuses in detention

All males fleeing areas under IS control considered of fighting age (between roughly 15 and 65) are subjected to security screening by Iraqi authorities and the semi-autonomous Kurdistan Regional Government to determine if they have links to IS. But the process is opaque and often deeply flawed. While some are released within days, others are transferred to security forces and detained for weeks or months in horrific conditions, without access to their families or the outside world, and without being referred to court.

The report reveals how security forces and militia members routinely torture or otherwise ill-treat detainees at screening facilities, unofficial militia detention sites, and facilities controlled by the Ministries of Defence and Interior in Anbar, Baghdad, Diyala and Salah al-Din governorates.

Detainees told Amnesty International they were suspended in stress positions for long periods, given electric shocks, beaten brutally or were taunted with threats that their female relatives would be raped. Many said they were tortured to “confess” or to provide information on IS and other armed groups.

Former detainees held by the Kurdish security forces (Asayish) in Dibis, Makhmur and Dohuk in the Kurdistan Region of Iraq also said they faced torture and other ill-treatment.

One man described being tortured at a facility controlled by Iraqi armed forces and intelligence near the village of Hajj Ali in June 2016 where more than 50 people were held in one room and subjected to repeated beatings:

“They beat me with a thick cable on the soles of my feet. I saw another detainee having a cigarette extinguished on his body. A boy of about 15 had hot wax poured on him. They wanted us to confess to being Daesh.”

Iraqi courts have a history of relying on coerced “confessions” to convict defendants of serious charges in flagrantly unfair trials – often sentencing them to death. So far in 2016, at least 88 executions have been carried out mainly on terrorism-related charges. Dozens of death sentences have been handed down and some 3,000 people remain on death row.

Background

The findings of this report were shared with the Iraqi and Kurdish authorities on 21 September. No response has been received from the Iraqi authorities. The Kurdish authorities responded largely denying Amnesty International’s findings.

Tens of thousands of Iraqis have been forcibly displaced by Iraqi government forces and the Peshmerga (Kurdish armed forces), as well as militias, since mid-2014. Many are barred from returning to their homes, purportedly on security grounds or face arbitrary and discriminatory restrictions on their freedom of movement. Often they are confined to camps with little prospect of gaining livelihoods or accessing essential services.

 

Transfer of Guantánamo Detainee Slahi Long Overdue

Mohamedou Ould Slahi, who has been held in the Guantanamo detention camp without charge or trial since 2002, has been transferred back to his home country of Mauritania.

After voluntarily submitting himself for questioning in his home country in 2001, he was detained in Jordan and the Bagram prison in Afghanistan before being sent to Guantanamo. He was subjected to torture throughout his 14 years in custody.

“Mr. Slahi’s 14 years of unlawful detention and torture are unconscionable, and his transfer is long overdue.”

Elizabeth Beavers, Amnesty International USA senior campaigner

In 2015, Slahi’s notes to his lawyers detailing his time in Guantánamo were published under the title Guantánamo Diary. Slahi was allegedly deprived of sleep for nearly 70 days straight, subjected to strobe lighting and continuous loud heavy metal music, threats against him and his family, intimidation by dog, cold temperatures, dousing with cold water, physical assaults, and food deprivation. He was never charged with a crime.

“Mr. Slahi’s 14 years of unlawful detention and torture are unconscionable, and his transfer is long overdue,” said Elizabeth Beavers, senior campaigner with Amnesty International USA. “His accounts of his treatment provided a chilling insight into the reality suffered by those unlawfully held for more than a decade without charge.

“There are now 60 men still held in Guantánamo. Each must be charged and tried through fair trial in federal court, or be released to a country that will protect their human rights.

“President Obama must close the prison at Guantánamo Bay during his term in office, and ensure accountability for the torture that many have suffered.”

Last week, Amnesty International USA launched a campaign asking President Obama to prioritize human rights during his last 100 days in office, including closing Guantánamo.

Write for Rights: Your words changed lives

Sometimes, a letter can change someone’s life. And that’s what ‘Write for Rights’ is all about.

Amnesty’s global letter-writing campaign, Write for Rights, kicks off again in November 2016. Around the world, people will write to defend freedoms stolen from others.

Last year, Amnesty supporters wrote an astonishing 3.7 million letters and messages as part of Write for Rights.

Your words made a massive difference to the lives of these people:

Albert Woodfox, a member of the ‘Angola Three’, was finally released from Louisiana State Penitentiary in February 2016 – 44 years after being placed in solitary confinement.

Albert Woodfox was initially jailed alongside Herman Wallace and Robert King in 1971, following an armed robbery conviction. However, In 1973 Wallace and Woodfox were placed in solitary confinement after being convicted of murdering prison guard Brent Miller.

Woodfox and Wallace always maintained their innocence and in addition to a seemingly unfair trial by the Louisiana courts, no fingerprints belonging to either man were found at the crime scene. More than 240,000 action-takers called for Albert’s release.

Albert Woodfox raises a fist as he walks out of West Feliciana Detention Centre, Louisiana, USA, after spending 44 years in solitary. © Travis Spradling/The Advocate via AP
Albert Woodfox raises a fist as he walks out of West Feliciana Detention Centre, Louisiana, USA, after spending 44 years in solitary. © Travis Spradling/The Advocate via AP

Student leader Phyoe Phyoe Aung was released in April 2016. She had been jailed in 2015 for helping organise protests against the government in Myanmar. Phyoe Phyoe Aung was charged with a range of offences including taking part in an unlawful assembly and inciting the public to commit offences against the State. She faced up to nine years’ imprisonment. Almost 400,000 Amnesty supporters called for her release.

Family members welcome student protest leader Phyoe Phyoe Aung (R) as she arrives for a hearing at her trial in Tharrawaddy town, Bago Region in Myanmar on April 8, 2016. © YE AUNG THU/AFP/Getty Images
Family members welcome student protest leader Phyoe Phyoe Aung (right) as she arrives for a hearing at her trial in Tharrawaddy town, Bago Region in Myanmar on April 8, 2016. © YE AUNG THU/AFP/Getty Images

Yecenia Armenta was released from prison in June 2016. She had been arbitrarily detained in 2012 by Mexican authorities and tortured into confessing to murdering her husband. She was beaten, near-asphyxiated and raped during 15 hours of torture. “When they threatened to hurt my children, in that moment I wanted to die, I just wanted it all to stop. I wanted them to just give me a bullet to the head so that it would all stop,” she said in September 2014.” Over 300,000 supporters called for her release.

Yecenia Armenta reads messages from her supporters while still in prison, January 2016. © Amnesty International
Yecenia Armenta reads messages from her supporters while still in prison, January 2016. © Amnesty International

Congolese youth activists Fred Bauma and Yves Makawambala, who were imprisoned for promoting democracy in the Democratic Republic of Congo (DRC) were released in August 2016. 170,000 people demanded their release in the 2015 Write for Rights campaign.

Democracy activist Fred Bauma (far right) was freed in August 2016 after 17 months in prison © Amnesty International
Democracy activist Fred Bauma (far right) was freed in August 2016 after 17 months in prison © Amnesty International

On his release, Fred said “I am happy to finally be free after more than 17 months of imprisonment. I thank Amnesty International and all those who fought in one way or the other for my release. I look forward to seeing my family and friends to continue the fight for democracy and freedom in my country.”

And in February 2016 The Burkina Faso government affirmed its commitment to eradicating early and forced marriage for the girls and young women in Burkina Faso. More than half of all girls in Burkina Faso are forced into early marriage, some as young as 11. Over 500,000 supporters called for the protection of the girls.

A young girl at Foceb shelter for survivors of rape, early and forced marriage and unwanted pregnancy in central Ouagadougou, capital of Burkina Faso. © Sophia Garcia/Amnesty International
A young girl at Foceb shelter for survivors of rape, early and forced marriage and unwanted pregnancy in central Ouagadougou, capital of Burkina Faso. © Sophia Garcia/Amnesty International

Change more lives in 2016

This year, Amnesty International Australia is focusing its attention on eight individuals who need your help. Want to know whose life you can transform in 2016? Visit our Write for Rights campaign page and start writing today.

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We rate the Turnbull Government’s progress on human rights in emojis

We asked the new Turnbull Government to make #10things for human rights a priority during its first 100 days – from tackling the high number of Indigenous children in youth detention, to legislating for marriage equality.

How would you rate their progress?
Take 2 mins to tell us here.

Here’s how we rated them by emoji:

  • 1. Commit to ending the over-representation of Indigenous children in the criminal justice system by implementing national justice targets; and working with the States and Territories to support Indigenous-led community programs that help put young people on the right path.

Our emoji rating: neutral_face_emoji

Progress:

Amnesty welcomed the Prime Minister’s swift action to establish a Royal Commission to investigate allegations of abuse of children at the Don Dale Youth Detention Centre in the Northern Territory.

However, the Government is still not in favour of implementing national justice targets. Instead, they’re developing a “prison to work” package. Hopefully the package will reduce return-to-prison rates, but it won’t do much to reduce the number of Aboriginal and Torres Strait Islander children locked up in the first place.


  • 2. Commit to a plan for increased funding of Indigenous community services to 2025, in partnership with Indigenous people themselves.

Our emoji rating:  neutral_face_emoji

Progress

The Government has not committed to any new funding for Indigenous community services. However, the Minister for Indigenous Affairs – Nigel Scullion – did sit down with the National Congress of Australia’s First Peoples and the organisations who made the Redfern Statement to discuss their concerns, which is a good sign.


  • 3. Treat people seeking asylum with dignity, and support the creation of safe and legal routes for people to find refuge.

Our emoji rating:  crying_face_emoji

Progress:

The Prime Minister attended the Obama Refugee Summit in New York in September, but failed to show leadership or make real commitments to share responsibility for the global refugee crisis.

Australia maintains its harmful and abusive offshore processing regime despite mounting evidence of human rights abuses on Nauru and Manus Island. Boat turn-backs continued.


  • 4. Legislate to make marriage equality a reality.

Our emoji rating:  broken_red_heart_emoji

Progress:

The Prime Minister proceeded with fraught efforts to set up a plebiscite on marriage equality, despite a majority of Australians supporting a parliamentary vote on a Bill. Amnesty does not support a plebiscite and welcomed Labor’s decision to block it, but there’s more to be done to ensure equal marriage rights for everyone in Australia.


  • 5. Reverse the trend in national security legislation to ensure fundamental freedoms are protected.

Our emoji rating:  anguished_face_emojispeech_bubble_emoji

Progress:

The Government has made no effort to review or address ongoing privacy concerns relating to the national data retention scheme.  Laws to cancel the citizenship of suspected terrorists have come into effect, but we haven’t yet heard of cases under these laws yet.

Proposed new counter-terror laws would impose a continuing detention order to keep someone in prison after a sentence is served; and control orders proposed will apply to children as young as 14 years old (down from 16 currently). These proposed laws need serious scrutiny.


  • 6. Take a lead role in the worldwide campaign against the death penalty.

Our emoji rating: ok_hand_sign_emojiclapping_hands_emoji

Progress:

Australia is solidifying its position as a strong anti-death penalty advocate. It sponsored the World Congress Against the Death Penalty in Oslo, which was attended by high level officials including the Special Envoy for Human Rights and the President of the Human Rights Commission.

Australia consistently supports the UN resolution to put executions on hold, and celebrates the World Day Against the Death Penalty. A new, more proactive strategy toward death penalty abolition around the world is being developed by the Department of Foreign Affairs and Trade.


  • 7. Work together with other countries to ensure the Syrian people are protected and can access life saving humanitarian aid.

Our emoji rating:  neutral_face_emoji emoji_earth_globe_europe_africa

Progress:

Australia has committed $220 million in aid to help with the Syrian people over the next three years and has been engaging in ongoing diplomacy.

Despite these efforts, the situation in Syria has deteriorated further and horrific human rights violations have continued to occur with impunity.


  • 8. Ensure the Disability Discrimination Commissioner is fully funded and able to carry out their duties on a full-time basis.

Our emoji rating:  high_five_emoji

Progress:

The Government has appointed a full-time Disability Discrimination Commissioner, Mr Alaistair McEwin, who started in July 2016.


  • 9. Increase funding for family violence services, particularly specialised services for Aboriginal and Torres Strait Islander women.

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Progress:

Disappointing. The Government has failed to restore funding that was recently cut from these services, and has not announced any new funding.


  • 10. Work with States and Territories to raise the age of criminal responsibility to 12 years of age, in line with international law and standards.

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Progress:

The Government hasn’t made any progress on this, despite evidence of abuse of children in some of Australia’s youth detention centres arising since it was elected.


As we can see, limited progress has been made so far on the #10things, however there have been some promising developments.

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Australia’s regime of cruelty has turned Nauru into an open-air prison

The Australian Government is choosing to subject women, men and children to an elaborate and cruel system of abuse with a policy that is intentionally designed to harm people, as highlighted in our new report: ‘Island of Despair’: Australia’s “processing” of refugees on Nauru.

Read the report

“On Nauru, the Australian Government runs an open-air prison designed to inflict as much suffering as necessary to stop some of the world’s most vulnerable people from trying to find safety in Australia,” said Anna Neistat, Amnesty International’s Senior Director for Research, one of the few people who has managed to enter the remote and secretive island to investigate human rights abuses.

Based on months of research, including interviews with more than 100 people in Nauru and Australia, Amnesty International’s report brings together further revelations of abuse with existing accounts to reveal the full scale of Australia’s system of deliberate cruelty.

A child in the Refugee Processing Centre on Nauru holds sign that reads "Imaging we are your kids". © Private
A child in the Refugee Processing Centre on Nauru holds sign appealing for help. © Private

“The distressing and heartbreaking accounts of deteriorating mental health, discrimination and violent attacks, sexual violence, inadequate medical care and harassment that I heard from mothers, fathers, adults and children as young as six, paint a picture of people driven to absolute despair,” said Anna Neistat.

“The distressing and heartbreaking accounts of deteriorating mental health, discrimination and violent attacks, sexual violence, inadequate medical care and harassment… paint a picture of people driven to absolute despair.”

Anna Neistat

“Behind a fortress of secrecy, the Australian Government is isolating over a thousand people – adults and children – in a remote place which they cannot leave, where many in the local population do not want them, and the local police do not protect them, with the specific goal that these people should suffer. And suffer they have – it has been devastating and, in some cases, irreparable.”

“What we are seeing is the Australian Government going to extraordinary lengths to hide the daily despair of the people on Nauru. In doing so, they have misled the Australian public and the world by failing to admit that their border control policy depends on the deliberate and systematic abuse of thousands of people. Abuse is never a solution.”

The people whom Australia has warehoused on Nauru cannot wait a moment longer for a humane solution. Amnesty International is calling on the Australian Government to immediately close down the Nauru and Manus processing operations and recognise that every person seeking asylum and all refugees on Nauru and Manus have the right to come to Australia immediately.

Amnesty International is calling on the Australian Government to immediately close down the Nauru and Manus processing operations and recognise that every person seeking asylum and all refugees on Nauru and Manus have the right to come to Australia immediately.

Driven to the brink – an epidemic of self-harm

Nearly all of the people whom Amnesty International spoke to – including young children – on Nauru in July 2016 reported mental health issues of some kind. Almost all said that these problems began when they were transferred to Nauru.

“People are driven to the absolute brink, largely because they’re trapped on Nauru and are facing debilitating uncertainty about their future,” said Anna Neistat.

“A man told me about his pregnant wife who tried to hang herself because she couldn’t bear the thought of bringing another person into that world. I met children who had tried to kill themselves multiple times.”

“A man told me about his pregnant wife who tried to hang herself because she couldn’t bear the thought of bringing another person into that world. I met children who had tried to kill themselves multiple times.”

Anna Neistat, amnesty international

Parents’ inability to protect their children is one of the many factors which exacerbates suffering of refugees and asylum seekers.

“Yasmin”, “Amir” and their young son “Darius” arrived on Nauru in 2013. In March 2015, when Darius was five years old, he was attacked in the centre by a guard, employed by a company hired by the Australian Government. The guard threw a rock at a group of children who he believed were misbehaving, and hit Darius in the face, chipping off his tooth.

As far as the family could tell, no action was taken to hold the guard accountable, despite the injury to a child. Amir described the heartbreak of watching his wife and son descend into mental illness following this event. Yasmin retreated from the world and has struggled to cope while Darius, according to his father, barely speaks and has nightmares and panic attacks.

A young boy in the Refugee Processing Centre shows his bruised and swollen arm – injuries he says were inflicted by a security guard at the Centre. © Private
A young boy in the Refugee Processing Centre shows his bruised and swollen arm – injuries he says were inflicted by a security guard at the Centre. © Private

Devastated, Amir said, “I have no hope. It’s end of time here. I can see my son and wife going down day by day.”

“I have no hope. It’s end of time here. I can see my son and wife going down day by day.”

Amir, a father on Nauru

Amnesty International also found that refugees and people seeking asylum on Nauru are the target of abuse by some of the local population, including by people in positions of authority. Despite credible accounts of dozens of physical attacks – including sexual assault – Amnesty International is unaware of any Nauruan citizen being held accountable.

People have also been arrested for self-harming. Despite the fact that Nauru decriminalised suicide in May 2016, Amnesty International has received credible reports that people are still being jailed for threatening to or actually harming themselves.

A child in the Refugee Processing Centre on Nauru holding a sign appealing for support. © Private
A child in the Refugee Processing Centre on Nauru appealing for support. © Private

Treatment of refugees on Nauru amounts to torture

Amnesty International found that the conditions to which refugees and asylum seekers on Nauru are subjected amounts to torture.

The combination of refugees’ severe mental anguish, the intentional nature of the system, and the fact that the goal of offshore processing is to intimidate or coerce other refugees and asylum-seekers to achieve a specific outcome, means that Australia’s offshore processing regime fits the definition of torture under international law.

“The Australian Government’s policy is the exact opposite of what countries should be pursuing. It is a model that minimizes protection and maximises harm. The only direction in which Australia is leading the world on refugees is in a dangerous plunge to the bottom,” said Anna Neistat.

“The only direction in which Australia is leading the world on refugees is in a dangerous plunge to the bottom.”

Anna Neistat, amnesty international

There are alternatives – it’s a matter of political will

Amnesty International’s report highlights that Australia’s focus on deterrence has prevented successive Australian leaders from putting in place policies that both protect the human rights of people seeking asylum and prevent avoidable deaths – twin goals which should be the bedrock of any asylum seeker policy.

“There are humane solutions – that both reduce deaths at sea and eliminate abuse – one shouldn’t come at the expense of the other.”

“There are humane solutions – that both reduce deaths at sea and eliminate abuse – one shouldn’t come at the expense of the other.”

Anna Neistat, amnesty International

“It’s time for the Australian Government to explore humane alternatives that actually keep people safe. It’s simply a matter of political will,” said Anna Neistat.


Amnesty International urges the Australian Government to show genuine leadership and adopt a better plan for refugees which could include:

  • Boosting Australia’s aid program to help neighbouring countries better protect and support refugees. When people are legally recognised, have safe accommodation, can send their kids to school, and can work and access health services, they won’t be forced to make dangerous journeys to Australia.
  • Making sure the most vulnerable people are resettled within our region and globally. Pressure on individual countries can be reduced if Australia works closely with New Zealand, Japan, the USA, Canada and others to ensure everyone does their fair share. This includes Australia welcoming a minimum of 30,000 refugees per year through its resettlement program.
  • Including refugees in existing visa programs. In addition to Australia’s core resettlement program, to recognise the valuable skills and qualifications of many refugees by including them when allocating student, work and family reunion visas.
  • Assessing refugee applications within a defined time period. When people know they will be assessed in an efficient and orderly way, they are less likely to make a dangerous boat journey.
  • Undertaking timely search and rescue operations. Instead of hazardous push-backs of boats at sea, Australia can run search and rescue operations that save lives.

Read the full report

 

We’re campaigning hard to close offshore detention and bring people here to safety. Together we can protect the lives of refugees. Please support this urgent work.

Indonesia: Halt chemical castration and expansion of death penalty

Indonesia’s authorities must immediately repeal provisions that allow sex offenders to be punished by forced chemical castration and even the death penalty.

“The sexual abuse of children is indescribably horrific. But subjecting offenders to chemical castration or executions is not justice, it is adding one cruelty to another,” said Papang Hidayat, Amnesty International’s Researcher on Indonesia.

“Forced chemical castration is a violation of the prohibition on torture and other cruel, inhuman or degrading treatment or punishment under international law.”

Papang Hidayat, Amnesty International Researcher on Indonesia

Chemical castration is a drug or hormone treatment to suppress sex drive. Imposing it by law without informed consent as a punitive measure would be a cruel, inhuman and degrading punishment.

“Forced chemical castration is a violation of the prohibition on torture and other cruel, inhuman or degrading treatment or punishment under international law,” said Papang Hidayat.

“The expansion of the scope of the death penalty is inconsistent with Indonesia’s international obligations which protects the right to life. Further given the serious flaws in Indonesia’s justice system the risk of executing the innocent can never be eliminated.”

The Indonesian Doctors Association (IDI) has said they will refuse to implement the castration punishment as it violates their medical ethics.

Amnesty International opposes the death penalty in all circumstances, regardless of the method of execution or the crime for which it is imposed, and believes that there is no credible evidence that the death penalty has a unique deterrent effect.

Background

Government Regulation in Lieu of Law (Perppu) No.1/2016 which amended Law No. 23/2002 on the Protection of Children was ratified yesterday in the House of Representatives. The Government Regulation was issued in May by President Joko Widodo following several high-profile cases of rape of children and subsequent calls by politicians for harsher punishments for those who commit sexual offences against children.

Article 81 of the revised law imposes forced chemical castration as an additional punishment for “anyone who commits violence or threatens violence to force a child – person below 18 years – to have intercourse with him or with another person that causes: more than one victim, serious injury, mental disorder, infectious diseases, the loss or malfunction of the reproductive organs and/or death of the victim”.

According to the revised law chemical castration will be carried out against the offender for a period of up to two years after the convict has undergone his prison term. Offenders below the age of 18 are not subject to this punishment.

Forced chemical castration violates the international law prohibition on torture and other cruel, inhuman or degrading treatment which is set out in the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which Indonesia is a state party.

A culture of gender inequality thrives

Imagine, if you can … You’re a 15-year-old girl. You’re married – you saw it as your way out of poverty, a chance for a better life. Instead, you’re beaten. Time and time again.

Zeinab-Sekaanvand---
Sentenced to death © Private

You implore your husband to free you, to agree to a divorce. But instead he’s more abusive. And his brother takes to raping you, repeatedly. Imagine, your brother-in-law, in a fit of jealousy, kills your husband. But you, as a woman, are made to pay the ultimate price.

After three weeks locked in a police cell, regularly beaten by officers – your body black and blue beyond repair and your last remnants of hope long gone – you confess to your husband’s murder.

Your brother-in-law had told you to take the fall, as, by law, he has the power as a relative to pardon you. Instead, your country, in retribution, takes your life.

This is one woman’s reality, as you read this, sitting on death row in Iran awaiting an execution that may happen at any moment.

Zeinab Sekaanvand Lokran’s story isn’t, unfortunately, unique.

Take action for Zeinab

 Li Yan’s story

Not so long ago, in China, Li Yan found herself in a similar nightmare – as her husband’s regular punching bag and his ashtray (her stubbed out cigarettes on her face and legs). On cold nights he locked her outside, like an animal.

Li Yan sought help from the police, her local justice department, the hospital and a branch of the government-run women’s federation. No one helped. Instead they told her to just “bear it.”

Li Yan’s torment peaked on a November night in 2010 when her husband, drunk, struck her with an air rifle and threatened to kill her. With her life at risk, Li managed to get a hold of the rifle and strike her husband on the head, killing him. She was sentenced to death.

However, because of the power of the people, her story took a more positive turn. Her death sentence sparked an outcry within China and around the world.

In 2015, in a landmark move, China commuted Li’s death sentence, reducing it to a prison term. “Justified defence” was introduced in family violence cases, stating that such abuse was a mitigating factor.

Every time a woman is abused in custody, raped by a family member, trafficked or forced into marriage, the unequal power-relationship between men and women is bolstered

The Chinese government also issued new guidelines on family violence cases, including recommendations on sentencing for survivors who commit crimes against their abuser, providing privacy protection for survivors and allowing protection orders against abusers.

Li Yan’s case had not only highlighted the Chinese government’s failure to take violence in the home seriously, but governments across the world. Globally, one in three women, just like Zeinab and Li Yan, experience physical or sexual violence, mostly by an intimate partner.

Global culture of violence

These cases are rooted in a global culture that denies women equal rights with men, and turns a blind eye to violence that’s happening in the home. Violence against women feeds off this inequality and reinforces it.

Every time a woman is abused in custody, raped by a family member or soldier as a ‘spoil of war’, trafficked, forced into marriage or terrorised by violence in the home, this unequal power-relationship between men and women is bolstered. The torture and physical and mental abuse of women won’t end until the discrimination ends.

For this to happen, we must speak out. For many, such violence remains invisible to the outside world – behind the home’s closed doors.

Globally, one in three women, just like Zeinab and Li Yan, experience physical or sexual violence, mostly by an intimate partner.

We must insist that governments ensure all forms of violence are a criminal offence and that no one is beyond conviction. We must campaign to end discrimination against women in the justice system and support comprehensive services for anyone at risk of violence so they have somewhere safe to go to.

We must challenge tolerance of all types of violence at the community level, change attitudes and ensure respect and gender equality is at the heart of the solution.

And we must persist until we have a world where women can walk the streets at night without fear, and live in safety and dignity in their own homes.

The consequences

For women who experience violence and torture, the effects are physically and psychologically devastating.

An official medical examination following Zeinab’s arrest found her to have a depressive disorder (with symptoms such as insomnia, fatigue, feelings of hopelessness and low self-esteem).

During her incarceration, Zeinab married a fellow prisoner and became pregnant. Last month, tragically, she gave birth to a stillborn baby. Doctors said her baby had died in her womb due to shock. She’s not been allowed to see a doctor for postnatal care or psychological support.  

That’s Zeinab’s story today. In this moment. And you can help.  

You have the power to change how it ends. Tens of thousands of Australians were part of the wave that saw Li Yan live, and we can do the same for Zeinab. Please act now.

Blog by Hannah Harborow, Campaigns Manager, Amnesty International Australia