Amnesty International Report 2007

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The politics of fear dominated 2006. Unprincipled leaders deliberately

manipulated fear to create divisions, stifle dissent and evade

accountability. Governments fostered a climate of intolerance that

fuelled conflict and human rights abuses, creating a rights vacuum

which armed groups and corporations exploited for their own ends.

This Amnesty International Report documents the state of

human rights in 153 countries during 2006. It reveals a world ravaged

by armed conflict, repression and discrimination, where women are at

constant risk of violence, where entire communities are mired

in poverty and social exclusion. The report also points to the crucial

achievements of human rights activists around the world

in countering these abuses and tackling impunity.

The human rights movement is a bulwark against fear. It stands

for unity over division, solidarity over self-interest, hope over despair.

It is founded on the commitment and collaboration of people from

different cultures, religions and belief systems, united in their

conviction that sustainable solutions must be grounded in human

rights and in their determination to defend the rights of all.

Amnesty InternationalReport 2007the state of the world’s human rights

AmnestyInternationalReport 2007the state of theworld’shuman rights

www.amnesty.org

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© Copyright Amnesty International 2007ISBN: 978-0-86210-421-4 ISSN: 0309-068XA catalogue record for this book is availablefrom the British Library.AI Index: POL 10/001/2007Original language: English

Printed by:The Alden PressDe Havilland Way, WitneyUnited Kingdom

Cover design by John Finn

Regional maps by András Bereznaywww.historyonmaps.com

Photographs: All photographs appearwith full credits and captions elsewherein the report.

Thanks to: Mary Gray, Simon Long and John Palmer.

All rights reserved. No part of this publicationmay be reproduced, stored in a retrievalsystem, or transmitted in any form or by anymeans, electronic, mechanical,photocopying, recording and/or otherwisewithout the prior permission of the publisher.

www.amnesty.org

AMNESTY INTERNATIONALREPORT 2007THE STATE OF THE WORLD’S HUMAN RIGHTS

This report covers the period January to December 2006.

ABOUT THISREPORTThe Amnesty International Report 2007

documents human rights issues of concern to

Amnesty International (AI) during 2006.

AI’s approach to tackling human rights

abuses is informed by both the challenges and

opportunities for change in a given country or

region. The strategic goals that AI identifies in

a country or region determine AI’s work. As a

result, AI addresses particular issues in

specific countries. Its coverage of individual

issues, as reflected in the content of this

report, is focused rather than comprehensive.

If an issue is not covered in a country entry,

this should not be taken as a statement by AI

that abuses within this category did not occur.

Nor can the absence of an entry on a

particular country or territory be taken to

imply that no human rights abuses of concern

to AI took place there during 2006. In

particular, the length of individual entries

cannot be used as the basis for a comparison

of the extent and depth of AI’s concerns.

Regional maps have been included in this

report to indicate the location of countries

and territories, and each individual country

entry begins with some basic information

about the country. Neither the maps nor the

country information may be interpreted as

AI’s view on questions such as the status of

disputed territory.

AMNESTYINTERNATIONALAmnesty International (AI) is a worldwide

movement of people who campaign for

internationally recognized human rights to be

respected and protected.

AI’s vision is for every person to enjoy all of

the human rights enshrined in the Universal

Declaration of Human Rights and other

international human rights standards.

AI’s mission is to conduct research and take

action to prevent and end grave abuses of all

human rights – civil, political, social, cultural

and economic. From freedom of expression

and association to physical and mental

integrity, from protection from

discrimination to the right to shelter – these

rights are indivisible.

AI has 2.2 million members and supporters

in more than 150 countries and territories.

Funded largely by its membership and public

donations, AI is independent of any

government, political ideology, economic

interest or religion. No funds are sought or

accepted from governments for investigating

and campaigning against human rights abuses.

AI is a democratic movement. Major policy

decisions are taken by a two-yearly

International Council made up of

representatives from all national sections.

The Council elects an International Executive

Committee which carries out its decisions.

The Committee’s members elected for 2005-7

were Soledad García Muñoz (Argentina), Ian

Gibson (Australia), Lilian Gonçalves-Ho Kang

You (Netherlands, Chair from September

2006), Petri Merenlahti (Finland), Claire

Paponneau (France), Vanushi Rajanayagam

(New Zealand), Hanna Roberts (Sweden), and

David Weissbrodt (USA). AI’s Secretary

General is Irene Khan (Bangladesh).

CONTENTS

PART 1Freedom from fear

by Irene Khan, Secretary General, Amnesty International/1

Regional overviews/15Africa/15Americas/21Asia-Pacific/27Europe-Central Asia/31Middle East-North Africa/37

PART 2Afghanistan/47Albania/49Algeria/50Angola/53Argentina/55Armenia/56Australia/57Austria/58Azerbaijan/58Bahamas/60Bahrain/60Bangladesh/61Belarus/63Belgium/64Bolivia/66Bosnia and Herzegovina/67Brazil/69Bulgaria/72Burundi/74Cambodia/77Cameroon/78Canada/80Central African Republic/80Chad/82Chile/84China/85Colombia/88Congo (Republic of)/91Côte d’Ivoire/93Croatia/95Cuba/96Cyprus/97Czech Republic/99Democratic Republic of the Congo/100Denmark/103Dominican Republic/104Ecuador/105Egypt/106El Salvador/109

Equatorial Guinea/110Eritrea/112Estonia/114Ethiopia/114Finland/117France/118Gambia/120Georgia/121Germany/122Ghana/124Greece/124Grenada/126Guatemala/126Guinea/127Guinea-Bissau/128Guyana/129Haiti/130Honduras/131Hungary/132India/133Indonesia/136Iran/139Iraq/142Ireland/145Israel and the Occupied Territories/147Italy/150Jamaica/152Japan/153Jordan/154Kazakstan/156Kenya/157Korea (Democratic People’s Republic of)/159Korea (Republic of)/161Kuwait/162Kyrgyzstan/163Laos/165Latvia/166Lebanon/167Liberia/169Libya/171Lithuania/173Macedonia/174Malawi/176Malaysia/176Maldives/178Mali/179Malta/179Mauritania/180Mexico/181Moldova/184Mongolia/186Montenegro/187Morocco/Western Sahara/188Mozambique/190Myanmar/191

CONTENTS

CONTENTS

Namibia/193Nepal/194Netherlands/196New Zealand/197Nicaragua/198Niger/198Nigeria/199Oman/201Pakistan/202Palestinian Authority/204Papua New Guinea/206Paraguay/207Peru/208Philippines/209Poland/211Portugal/212Puerto Rico/213Qatar/213Romania/214Russian Federation/216Rwanda/220Saudi Arabia/222Senegal/225Serbia/226Sierra Leone/229Singapore/230Slovakia/231Slovenia/233Somalia/233South Africa/236Spain/238Sri Lanka/240Sudan/242Swaziland/246Sweden/248

Switzerland/249Syria/250Taiwan/252Tajikistan/253Tanzania/254Thailand/254Timor-Leste/256Togo/257Trinidad and Tobago/258Tunisia/259Turkey/261Turkmenistan/264Uganda/266Ukraine/268United Arab Emirates/269United Kingdom/270United States of America/273Uruguay/277Uzbekistan/278Venezuela/280Viet Nam/282Yemen/283Zambia/285Zimbabwe/286

PART 3Selected international and regional

human rights treaties/293International human rights treaties/294Regional human rights treaties/306

A year of campaigning/313Contact AI/324What you can do/330Amnesty International publications/332Country index/335

The following abbreviations are used in this report:

n UN Children’s Convention refers to the Conventionon the Rights of the Child.

n UN Convention against Racism refers to theInternational Convention on the Elimination of AllForms of Racial Discrimination.

n UN Convention against Torture refers to theConvention against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment.

n UNHCR, the UN refugee agency, refers to the UNHigh Commissioner for Refugees.

n UNICEF refers to the UN Children’s Fund.

n UN Migrant Workers Convention refers to theInternational Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families.

n UN Refugee Convention refers to the Conventionrelating to the Status of Refugees.

n UN Women’s Convention refers to the Conventionon the Elimination of All Forms of Discriminationagainst Women.

n European Committee for the Prevention of Torturerefers to the European Committee for the Prevention ofTorture and Inhuman or Degrading Treatment orPunishment.

n European Convention on Human Rights refers to the(European) Convention for the Protection of HumanRights and Fundamental Freedoms.

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On 10 December 2006, while the world celebrated International HumanRights Day, I was in Jayyus on the West Bank. The small village is now dividedby the Wall – or more accurately a high iron fence. Built in defiance ofinternational law, and ostensibly to make Israel more secure, the Wall’s maineffect has been to cut off the local Palestinian population from their citrusgroves and olive orchards. A once prosperous farming community is nowimpoverished.

“Every day I have to suffer the humiliation of checkpoints, pettyobstructions and new restrictions that stop me from getting to my orchard onthe other side. If I cannot cultivate my olives, how will I survive?” cried oneangry Palestinian farmer.

As I listened to him, I could see in the distance the neat red roofs andwhite walls of a large and prosperous Israeli settlement. I wondered if thosewho lived there believed that a Wall threatening the future of theirneighbours could truly enhance their security.

Earlier that week, I had visited Sderot, a small town in the south of Israel,which had been subjected to rocket attacks from Palestinian groups in Gaza.

“We are frightened,” one young woman resident told me. “But we knowthat there are women like us on the other side who are also suffering, whoare also afraid, and who are in a worse situation than us. We feel empathy forthem, we want to live in peace with them, but instead our leaders promoteour differences and create more distrust. So we live in fear and insecurity.”

This brave Israeli woman understood what many world leaders fail tocomprehend: that fear destroys our shared understanding and our sharedhumanity. When we see others as a threat, and are ready to negotiate theirhuman rights for our security, we are playing a zero-sum game.

Her message is sobering at a time when our world is as polarized as itwas at the height of the Cold War, and in many ways far more dangerous.Human rights – those global values, universal principles and commonstandards that are meant to unite us – are being bartered away in the nameof security today as they were then. Like the Cold War times, the agenda isbeing driven by fear – instigated, encouraged and sustained byunprincipled leaders.

Fear can be a positive imperative for change, as in the case of theenvironment, where alarm about global warming is forcing politiciansbelatedly into action. But fear can also be dangerous and divisive when itbreeds intolerance, threatens diversity and justifies the erosion of human rights.

In 1941, US President Franklin Roosevelt laid out his vision of a new worldorder founded on “four freedoms”: freedom of speech and of religion;freedom from fear and from want. He provided inspirational leadership that

IRENE KHANFREEDOM FROM FEAR

Amnesty International Report 2007 1

FOREWORD

FEAR DESTROYSOUR SHARED

UNDERSTANDINGAND OUR SHARED

HUMANITY

FOREWORD

overcame doubt and unified people. Today far too many leaders aretrampling freedom and trumpeting an ever-widening range of fears: fear ofbeing swamped by migrants; fear of “the other” and of losing one’s identity;fear of being blown up by terrorists; fear of “rogue states” with weapons ofmass destruction.

Fear thrives on myopic and cowardly leadership. There are indeed many real causes of fear but the approach being taken by many worldleaders is short-sighted, promulgating policies and strategies that erodethe rule of law and human rights, increase inequalities, feed racism andxenophobia, divide and damage communities, and sow the seeds forviolence and more conflict.

The politics of fear has been made more complex by the emergence ofarmed groups and big business that commit or condone human rights abuses.Both – in different ways – challenge the power of governments in anincreasingly borderless world. Weak governments and ineffectiveinternational institutions are unable to hold them accountable, leavingpeople vulnerable and afraid.

History shows that it is not through fear but through hope and optimismthat progress is achieved. So, why do some leaders promote fear? Because itallows them to consolidate their own power, create false certainties andescape accountability.

The Howard government portrayed desperate asylum-seekers in leakyboats as a threat to Australia’s national security and raised a false alarm of arefugee invasion. This contributed to its election victory in 2001. After theattacks of 11 September 2001, US President George W Bush invoked the fear ofterrorism to enhance his executive power, without Congressional oversightor judicial scrutiny. President Omar al-Bashir of Sudan whipped up fearamong his supporters and in the Arab world that the deployment of UNpeacekeepers in Darfur would be a pretext for an Iraq-style, US-led invasion.Meanwhile, his armed forces and militia allies continued to kill, rape andplunder with impunity. President Robert Mugabe of Zimbabwe played onracial fears to push his own political agenda of grabbing land for hissupporters.

Only a common commitment based on shared values can lead to asustainable solution. In an inter-dependent world, global challenges,whether of poverty or security, of migration or marginalization, demandresponses based on global values of human rights that bring peopletogether and promote our collective well-being. Human rights provide thebasis for a sustainable future. But protecting the security of states ratherthan the sustainability of people’s lives and livelihoods appears to be theorder of the day.

FEAR OF MIGRATION AND MARGINALIZATION In developed countries, as well as emerging economies, the fear of beinginvaded by hordes of the poor is being used to justify ever tougher measuresagainst migrants, refugees and asylum-seekers, violating internationalstandards of human rights and humane treatment.

Driven by the political and security imperatives of border control, asylumprocedures have become a means for exclusion rather than protection.

2 Amnesty International Report 2007

FEAR THRIVES ONMYOPIC ANDCOWARDLYLEADERSHIP

FOREWORD

Across Europe, refugee recognition rates have fallen dramatically over theyears, although the reasons for seeking asylum – violence and persecution –remain as high as ever.

The hypocrisy of the politics of fear is such that governments denouncecertain regimes but refuse to protect those escaping from them. The harshpolicies of the North Korean government have been condemned by westerngovernments but these same governments are far less vocal about the fate ofsome 100,000 North Koreans reportedly hiding in China, hundreds of whomare deported forcibly to North Korea every week by the Chinese authorities.

Migrant workers fuel the engine of the global economy – yet they areturned away with brutal force, exploited, discriminated against, and leftunprotected by governments across the world, from the Gulf states andSouth Korea to the Dominican Republic.

Six thousand Africans drowned or were missing at sea in 2006 in theirdesperate bid to reach Europe. Another 31,000 – six times higher than thenumber in 2005 – reached the Canary islands. Just as the Berlin Wall couldnot stop those who wanted to escape Communist oppression, toughpolicing of the borders of Europe is failing to block those seeking to escapeabject poverty.

In the long term, the answer lies not in building walls to keep people outbut in promoting systems that protect the rights of the vulnerable whilerespecting the prerogative of states to control migration. Internationalinstruments provide that balance. Attempts to weaken the UN RefugeeConvention or shun the UN Migrant Workers Convention – which no westerncountry has ratified – are counter-productive.

If unregulated migration is the fear of the rich, then unbridledcapitalism, driven by globalization, is the fear of the poor. Boomingmarkets are creating enormous opportunities for some, but also wideningthe gap between the “haves” and the “have-nots”. The rewards ofglobalization are heavily skewed, both across the world and withincountries. Latin America is burdened with some of the highest levels ofinequality in the world. In India, there have been average growth rates of 8per cent over the past three years, but more than a quarter of itspopulation still lives below the poverty line.

These statistics reveal the dark underbelly of globalization. Themarginalization of large swathes of humanity should not be treated as theinevitable cost of global prosperity. There is nothing inevitable about policiesand decisions that deny individuals their economic and social rights.

Amnesty International’s growing programme of work on economic andsocial rights is laying bare the reality of people’s fear: that in many parts ofthe world people are being tipped into poverty and trapped there by corruptgovernments and greedy businesses.

As the demands for mining, urban development and tourism put pressureon land, across Africa, Asia and Latin America, entire communities – millionsof people - are being forcibly evicted from their homes with no due process,compensation or alternative shelter. Often, excessive force is used to uprootthem. Development-induced displacement is not a new problem, yet littleappears to have been learnt from past experience. In Africa alone more than3 million people have been affected since 2000, making forced evictions one

3Amnesty International Report 2007

MILLIONS OF PEOPLE ARE BEINGFORCIBLY EVICTED

FROM THEIR HOMESWITH NO DUE

PROCESS,COMPENSATION OR

ALTERNATIVESHELTER

FOREWORD

of the most widespread and unrecognized human rights violations on thecontinent. Carried out in the name of economic progress, in reality they leavethe poorest of the poor homeless and often without access to clean water,health, sanitation, jobs or education.

Africa has long been the victim of the greed of western governments andcompanies. Now, it faces a new challenge from China. The Chinesegovernment and Chinese companies have shown little regard for their“human rights footprint” on the continent. The deference to nationalsovereignty, antipathy to human rights in foreign policy, and readiness toengage with abusive regimes, are all endearing China to Africangovernments. But for those same reasons, African civil society has been lesswelcoming. The health and safety standards and treatment of workers byChinese companies have fallen short of international standards. As thebiggest consumer of Sudan’s oil and a major supplier of its weapons, Chinahas shielded the Sudanese government against pressure from theinternational community – although there are some signs that it may bemodifying its position.

Weak, deeply impoverished, and often profoundly corrupt states havecreated a power vacuum into which corporations and other economic actorsare moving. In some of the most resource-rich countries with the poorestpopulations, big business has used its unbridled power to gain concessionsfrom governments that deprive local people of the benefits of the resources,destroy their livelihoods, displace them from their homes and expose themto environmental degradation. Anger at the injustice and denial of humanrights has led to protests that are then brutally repressed. The oil-rich NigerDelta in southern Nigeria, torn by violence for the past two decades, is acase in point.

Corporations have long resisted binding international standards. TheUnited Nations must confront the challenge, and develop standards andpromote mechanisms that hold big business accountable for its impact onhuman rights. The need for global standards and effective accountabilitybecomes even more urgent as multinational corporations from diverse legaland cultural systems emerge in a global market.

The push for land, timber and mineral resources by big conglomerates isthreatening the cultural identity and daily survival of many Indigenouscommunities in Latin America. Subjected to racial discrimination and driven intoextreme poverty and ill-health, some of the groups are on the brink of collapse.

Against this background, the failure of the 2006 UN General Assembly to adopt the Declaration on the Rights of Indigenous Peoples was yetanother unfortunate testimony to powerful interests trumping the verysurvival of the vulnerable.

Although the rich are getting richer every day, they do not necessarily feelany safer. Rising crime and gun violence are a source of constant fear, leadingmany governments to adopt policies that are purportedly tough on crime butin reality criminalize the poor, exposing them to the double jeopardy of gangviolence and brutal policing. Ever higher levels of criminal and policeviolence in São Paulo and the presence of the army on the streets of Rio deJaneiro in 2006 demonstrated the failure of Brazil’s public security policies.Providing security to one group of people at the expense of the rights of


CORPORATIONSHAVE LONGRESISTED BINDINGINTERNATIONALSTANDARDS

FOREWORD

another does not work. Experience shows that public security is beststrengthened through a comprehensive approach that combines betterpolicing alongside provision of basic services such as health, education andshelter to the poor communities; so that they feel they too have a stake in asecure and stable society.

At the end of the day, promoting economic and social rights for all is thebest approach to addressing the fears of the rich as well as the poor.

FEAR BREEDS DISCRIMINATIONFear feeds discontent and leads to discrimination, racism, persecution ofethnic and religious minorities and xenophobic attacks against foreignersand foreign-born citizens.

When governments turn a blind eye to racist violence, it can becomeendemic. In Russia hate crimes against foreigners and minorities arecommon but until recently were rarely prosecuted because they fed into thenationalist propaganda of the authorities.

As the European Union expands eastwards, the acid test of itscommitment to equality and non-discrimination will be the treatment of itsown Roma population.

From Dublin to Bratislava, anti-Roma attitudes remain entrenched, withsegregation and discrimination in education, health and housing andexclusion from public life persistent in some countries.

In many western countries, discrimination has been generated by fears ofuncontrolled migration and, post-9/11, aggravated by counter-terrorismstrategies targeting Arabs, Asians and Muslims. Fear and hostility on one sidehave led to alienation and anger on the other.

Increasing polarization has strengthened the hands of extremists at bothends of the spectrum, reducing the space for tolerance and dissent. Incidentsof Islamophobia and anti-Semitism are increasingly evident. In many parts ofthe world, anti-western and anti-American sentiments are at an all-timehigh, as demonstrated by the ease with which some groups fomentedviolence following the publication in Denmark of cartoons that manyMuslims found offensive.

The Danish government rightly upheld free speech but failed to affirmstrongly and immediately its commitment to protect Muslims living inDenmark from discrimination and social exclusion. The Iranian Presidentcalled for a debate to promote the denial of the historical fact of theHolocaust. The French parliament passed a bill making it a crime to deny thatthe Armenians suffered genocide at the hands of the Ottomans.

Where should the line be drawn between protecting free speech andstopping incitement of racial hatred?

The state has an obligation to promote non-discrimination and preventracial crimes but it can do that without limiting freedom of speech. Freedomof expression should not be lightly restricted. Yes, it can be used to propagatelies as well as truth, but without it there is no way to argue against lies, noway to seek truth and justice. That is why speech should be curtailed onlywhere there is clear intent to incite racial or religious hatred, not where thepurpose is to express opinion, however distasteful.

In Albert-Engelman-Gesellschaft MBH v Austria (January 2006) the European


SPEECH SHOULD BECURTAILED ONLYWHERE THERE IS

CLEAR INTENT TOINCITE RACIAL OR

RELIGIOUS HATRED

FOREWORD

Court of Human Rights described freedom of expression as “one of the essentialfoundations of a democratic society and one of the basic conditions for itsprogress and each individual’s self-fulfilment… freedom is applicable not onlyto ‘information’ or ‘ideas’ [that are deemed acceptable] but also to those thatoffend, shock or disturb; such are the demands of pluralism, tolerance andbroadmindedness without which there is no ‘democratic society’.”

FEAR OF DISSENTFreedom of expression is fundamental to the right to dissent. Where there isno dissent, the right to free speech is endangered. Where there is no dissent,democracy is stifled. Where there is no dissent, tyranny raises its head.

Yet, freedom of expression and dissent continue to be suppressed in avariety of ways, from the prosecution of writers, journalists and human rightsdefenders in Turkey, to political killings of left-wing activists in the Philippines.

In the US prison camp at Guantánamo Bay, the only form of protestarguably left to detainees is hunger strike. In 2006 some 200 detainees whoresorted to it were force fed by tubes inserted through the nose – aparticularly painful and humiliating method. When three men were reportedto have committed suicide, the US taskforce commander at Guantánamodescribed it as “asymmetrical warfare”.

National security has often been used as an excuse by governments tosuppress dissent. In recent years heightened fears about terrorism andinsecurity have reinforced repression – or the risk of it – in a variety of ways.

“Old fashioned” abuses of freedom of expression, assembly and associationhave gained a new lease of life in North Africa and the Middle East. In liberaldemocracies the ever-widening net of counter-terrorism laws and policiesposes a potential threat to free speech. In 2006, for example, the UK adoptedlegislation to create a vaguely defined crime of “encouraging terrorism”,incorporating the even more baffling notion of “glorifying terrorism”.

In the USA the authorities showed more interest in hunting down thesource of the leak behind the story in The Washington Post on CIA “blacksites”, than in investigating the policies that led to the establishment of thesesecret prisons in the first place in contravention of international and US laws.

The authoritarian drift in Russia has been devastating for journalists andhuman rights defenders. Having intimidated or taken over much of theRussian press, President Vladimir Putin turned his attention to Russian andforeign non-governmental organizations (NGOs) in 2006 with a controversiallaw to regulate their funding and activities. In a public relations exercise justprior to the meeting of the G8, he met with a group of international NGOs,including Amnesty International. Informed of the damaging impact of hisNGO law on civil society in Russia and urged to suspend it pending furtherconsultations on amendments, he responded: “We did not pass this law tohave it repealed.” Three months later the Russian Chechen FriendshipSociety, a human rights NGO working to expose violations in Chechnya, wasclosed down under the new law.

Unfortunately, Russia is not the only country seeking to silenceindependent voices on human rights. From Colombia to Cambodia, Cubato Uzbekistan, governments have introduced laws to restrict human rightsorganizations and the work of activists, branding them disloyal or


HEIGHTENED FEARSABOUT TERRORISMAND INSECURITY HAVE REINFORCEDREPRESSION

FOREWORD

subversive, prosecuting those who dare to expose human rightsviolations, and launching smear campaigns with the help of unscrupulousmedia in an effort to instil fear and de-legitimize the work of activists.

In an age of technology, the Internet has become the new frontier in thestruggle for the right to dissent. With the help of some of the world’s biggest ITcompanies, governments such as those in Belarus, China, Egypt, Iran, SaudiArabia and Tunisia are monitoring chat rooms, deleting blogs, restricting searchengines and blocking websites. People have been imprisoned in China, Egypt,Syria, Uzbekistan and Viet Nam for posting and sharing information online.

Everyone has the right to seek and receive information and to expresstheir peaceful beliefs without fear or interference. Amnesty International,with the support of the UK newspaper The Observer (which publishedAmnesty International’s first appeal in 1961), launched a campaign in 2006 toshow that human rights activists will not be silenced, online or offline, bygovernments or big business.

FREEDOM FOR WOMENThe pernicious relationship between discrimination and dissent is playingout most vividly in the arena of gender. Women activists have been arrestedfor demanding gender equality in Iran, murdered for promoting education ofgirls in Afghanistan, and subjected to sexual violence and vilification aroundthe world. Women working on issues of sexual orientation and reproductiverights have been especially targeted, marginalized and attacked.

Women human rights defenders are doubly endangered: as activists andas women – for their work as well as for their identity. They are attacked byboth state and society, not only because they expose human rights abuses,but also because they challenge patriarchal power structures and social andcultural conventions that subjugate women, condone discrimination andfacilitate gender violence.

Women’s human rights have suffered in recent years from the twin trendsof backlash and backtrack. The backlash on human rights in the context ofcounter-terrorism has affected women as well as men. And in anenvironment of fear and religious fundamentalism, governments havebacktracked on their promise to promote gender equality.

Violence against women – in all societies around the world – remains oneof the gravest and most common human rights abuses today.

It thrives because of impunity, apathy and inequality. One of the mostblatant examples of impunity is the conflict in Darfur, where incidents ofrape rose in 2006 as armed conflict increased and spread to neighbouringareas of Chad. One of the most insidious examples of apathy is Guatemala,where more than 2,200 women and girls have been murdered since 2001, butvery few cases have been investigated and even fewer prosecuted. There aremany examples of the impact of inequality, but possibly one of the saddest isthe high levels of maternal and infant mortality – for example in Peru – dueto discrimination in health services.

Billions of dollars are being spent to fight the “war on terror” – but whereis the political will or the resources to fight sexual terror against women?There was universal outrage against racial apartheid in South Africa – whereis the outrage against gender apartheid in some countries today?


IN AN AGE OFTECHNOLOGY, THE

INTERNET HASBECOME THE NEWFRONTIER IN THE

STRUGGLE FOR THERIGHT TO DISSENT

FOREWORD

Whether the perpetrator is a soldier or a community leader, whether theviolence is officially sanctioned by the authorities or condoned by cultureand custom, the state cannot shirk its responsibility to protect women.

The state has the obligation to safeguard a woman’s freedom of choice,not restrict it. To take an example, the veil and headscarf of Muslim womenhave become a bone of contention between different cultures, the visiblesymbol of oppression according to one side, and an essential attribute ofreligious freedom according to the other. It is wrong for women in SaudiArabia or Iran to be compelled to put on the veil. It is equally wrong forwomen or girls in Turkey or France to be forbidden by law to wear theheadscarf. And it is foolish of western leaders to claim that a piece of clothingis a major barrier to social harmony.

In the exercise of her right to freedom of expression and religion, awoman should be free to choose what she wants to wear. Governments andreligious leaders have a duty to create a safe environment in which everywoman can make that choice without the threat of violence or coercion.

The universality of human rights means that they apply equally to womenas well as to men. This universality of rights – universality both inunderstanding and in application – is the most powerful tool against genderviolence, intolerance, racism, xenophobia and terrorism.

FEAR OF TERRORISMIt is in the sphere of terrorism and counter-terrorism that fear’s most harmfulmanifestations flourish. Whether in Mumbai or Manhattan, people have theright to be secure and governments have the duty to provide that security.However, ill-conceived counter-terrorism strategies have done little toreduce the threat of violence or to ensure justice for victims of attacks, andmuch to damage human rights and the rule of law.

Thwarted in 2004 by the courts from pursuing its policy of detainingpeople indefinitely without charge or trial, the UK government has resortedincreasingly to deportation, or to “control orders” that allow the HomeSecretary effectively to place people under house arrest without criminalprosecution. Suspects are thus condemned without ever being convicted.The essence of the rule of law is subverted while its form is preserved.

Japan introduced a law in 2006 to fast-track deportation of anyonedeemed by the Minister of Justice to be a “possible terrorist”. People’s fatewill no longer be determined on the basis of what they have done but on theomniscient ability of governments to predict what they might do!

Unfettered discretionary executive power is being pursued relentlessly bythe US administration, which treats the world as one big battlefield for its “waron terror”: kidnapping, arresting, detaining or torturing suspects either directlyor with the help of countries as far apart as Pakistan and Gambia, Afghanistanand Jordan. In September 2006, President Bush finally admitted what AmnestyInternational has long known – that the CIA had been running secret detentioncentres in circumstances that amount to international crimes.

Nothing so aptly portrays the globalization of human rights violations asthe US government’s programme of “extraordinary renditions”. Investigationsby the Council of Europe, the European Parliament and a Public Enquiry inCanada, have provided compelling evidence confirming Amnesty


IT IS IN THE SPHERE OF TERRORISM ANDCOUNTER-TERRORISMTHAT FEAR’S MOSTHARMFULMANIFESTATIONSFLOURISH

FOREWORD

International’s earlier findings of the complicity, collusion or acquiescence ofa number of European and other governments – whether democratic likeCanada or autocratic like Pakistan. Over the past few years, hundreds ofpeople have been unlawfully transferred by the USA and its allies to countriessuch as Syria, Jordan and Egypt. In this shadowy system they risk enforceddisappearance, torture and other ill-treatment. Some have ended up inGuantánamo, US-run prisons in Afghanistan or CIA “black sites”.

Lawyers cannot petition the authorities, seek judicial review ordemand fair trial for those held in secret detention for the simple reasonthat no one knows where and by whom they are being held. Internationalmonitoring is impossible for the same reasons.

The US administration’s double speak has been breathtakinglyshameless. It has condemned Syria as part of the “axis of evil”, yet it hastransferred a Canadian national, Maher Arar, to the Syrian security forcesto be interrogated, knowing full well that he risked being tortured.Pakistan is another country that the US administration has courted andcounted as an ally in its “war on terror” – notwithstanding concerns aboutits human rights record.

Thankfully, there appears to be a growing realization in many countriesthat security at all costs is a dangerous and damaging strategy. Europeaninstitutions are becoming more rigorous in their demand foraccountability and courts less willing to give in to governments’ claims.The Public Enquiry in Canada called for an apology and compensation bythe US authorities for Maher Arar and for investigation into other similarcases. Reports by the Council of Europe and the European Parliament areleading to calls for greater scrutiny of security services. Arrest warrantshave been issued in Italy and Germany against CIA agents.

A clear momentum has been created in favour of transparency,accountability and an end to impunity.

But the USA has yet to surrender. President Bush persuaded a Congressin pre-election fever to adopt the Military Commissions Act, negating theimpact of the 2006 Supreme Court judgement in Hamdan v Rumsfeld, andmaking lawful that which world opinion found immoral. The New YorkTimes described it as “a tyrannical law that will be ranked with the lowpoints in American democracy”.

The US administration remains deaf to the worldwide calls for closingdown Guantánamo. It is unrepentant about the global web of abuse it hasspun in the name of counter-terrorism. It is oblivious to the distress ofthousands of detainees and their families, the damage to the rule ofinternational law and human rights, and the destruction of its own moralauthority, which has plummeted to an all-time low around the world –while the levels of insecurity remain as high as ever.

US Supreme Court Justice Brennan wrote in 1987: “After each perceived security crisis ended, the United States has remorsefully realized that the abrogation of civil liberties was unnecessary. But it hasproven unable to prevent itself from repeating the error when the next crisis came along.”

A new US Congress raises hopes that things may yet take a differentturn, and that Democrats and Republicans will come to see a bipartisan


A CLEAR MOMENTUMHAS BEEN CREATED IN

FAVOUR OFTRANSPARENCY,

ACCOUNTABILITY ANDAN END TO IMPUNITY

FOREWORD

interest in restoring respect for human rights at home and abroad,demanding accountability, setting up a commission of inquiry and eitherrepealing or changing the Military Commissions Act substantially in linewith international law.

FREEDOM FROM VIOLENCEWhen global values of human rights are swept aside with impunity, parochialinterests raise their head, often driven by sectarian, ethnic and religiousgroups, sometimes using violence. Although their practices are oftencontrary to human rights, in a number of countries they are gaining supportwith ordinary people because they are seen to be addressing the injusticesthat governments and the international community are ignoring.

Meanwhile governments are failing to provide the leadership to bringthese groups to account for their abuses, and instead appear to be feedingthe very factors that foster them.

In Afghanistan, the government and the international community havesquandered the opportunity to build an effective, functioning state based onhuman rights and the rule of law. Rampant insecurity, impunity and corruptand ineffective government institutions, combined with high unemploymentand poverty, have sapped public confidence, while thousands of civiliandeaths resulting from US-led military operations have fuelled resentment.The Taleban has capitalized on the political, economic and security vacuumto gain control over large parts of the south and east of the country.

A misguided military adventure in Iraq has taken a heavy toll on humanrights and humanitarian law, leaving the population embittered, armedgroups empowered and the world a much less secure place. The insurgencyhas morphed into a brutal and bloody sectarian conflict. The governmenthas shown little commitment to protect the human rights of all Iraqis. TheIraqi police forces, heavily infiltrated by sectarian militia, are feedingviolations rather than restraining them. The Iraqi justice system is woefullyinadequate, as former President Saddam Hussain’s flawed trial andgrotesque execution confirmed.

If there is to be any hope of a shift in the apocalyptic prognosis for Iraq,the Iraqi government and those who support it militarily must set someclear human rights benchmarks – to disarm the militia, reform the police,review the justice system, stop sectarian discrimination and ensure theequal rights of women.

In the Palestinian Occupied Territories the cumulative impact of measuresby the Israeli authorities, including increasingly severe restrictions onfreedom of movement, expansion of settlements and the building of the Wallinside the West Bank, has strangled the local economy. Ordinary Palestiniansare caught between interfactional fighting of Hamas and Fatah, and thereckless shelling of the Israeli army. With no justice and no end to occupationin sight, a predominantly young Palestinian population is being radicalized.No truce will survive and no political process will succeed in the Middle Eastif impunity is not addressed, and human rights and security of people are notprioritized.

In Lebanon, sectarian divisions have further deepened in the aftermath ofthe war between Israel and Hizbullah. The lack of accountability for current


GOVERNMENTS AREFAILING TO ... BRINGTHESE GROUPS TOACCOUNT FOR THEIRABUSES, AND INSTEADAPPEAR TO BE FEEDINGTHE FACTORS THATFOSTER THEM

FOREWORD

and past abuses – including during this recent war, and politicalassassinations and enforced disappearances during the civil war (1975-1990)– is a source of grievance that is being exploited by all sides. The governmentis under pressure to concede more space to Hizbullah. There is a real risk thatthe country could plunge into sectarian violence once again.

One commentator predicts a nightmare scenario of failing states from theHindu Kush to the Horn of Africa, with Pakistan, Afghanistan and Somalia asbookends, and Iraq, the Occupied Territories and Lebanon at the core of thisband of instability. Others speak of the revival of a Cold War mindset of “themand us” in which powerful states seek to fight their enemies through proxywars in someone else’s backyard. The prognosis for human rights is dire.

A FUTURE FREE OF FEAROne can get sucked into the fear syndrome or one can take a radicallydifferent approach: an approach based on sustainability rather than security.

The term sustainability may be more familiar to development economistsand environmentalists, but it is crucial too for human rights activists. Asustainable strategy promotes hope, human rights and democracy, while asecurity strategy addresses fears and dangers. Just as energy security is bestprovided through sustainable development, human security is best pursuedthrough institutions that promote respect for human rights.

Sustainability requires rejecting the Cold War tradition of each superpower sponsoring its own pool of dictatorships and abusive regimes. Itmeans promoting principled leadership and enlightened policies.

Sustainability requires strengthening the rule of law and human rights –nationally and internationally. Elections have drawn a lot of internationalattention, from Bolivia to Bangladesh, Chile to Liberia. But as the DemocraticRepublic of the Congo and Iraq have shown, creating the conditions in whichpeople can cast their ballots is not enough. A bigger challenge is to promotegood governance, including an effective legal and judicial structure, the ruleof law based on human rights, a free press and a vibrant civil society.

A properly functioning system of rule of law at the national level is theultimate safeguard for human rights. But such a system of law, if it is to betruly just, must embrace women and the poor. The majority of poor peopletoday live outside the protection of the law. Including them in a meaningfulway requires giving effect to economic and social rights in public policy andprogrammes. In too many countries women continue to be denied equalitybefore the law. Equal access of women to all human rights is not only aprecondition for sustaining human rights, but also for economic prosperityand social stability.

Sustainability requires revitalizing UN human rights reform. Humiliatedand sidelined by its most powerful members and ignored by governmentssuch as Sudan and Iran, the credibility of the UN Security Council has sufferedbadly. Yet when the UN fails, the authority of its powerful member states isalso eroded. It is in the USA’s own interest to discard the “pick and choose”approach to the UN and recognize the value of multilateralism as a crucialmeans of promoting greater stability and security through human rights.

The UN Human Rights Council appears to be displaying some worryingsigns of factionalism reminiscent of its predecessor institution. But it is not


SUSTAINABILITYREQUIRES

STRENGTHENING THERULE OF LAW ANDHUMAN RIGHTS –NATIONALLY AND

INTERNATIONALLY

FOREWORD

too late to change. Member countries can play a constructive role – andsome, including India and Mexico, are indeed doing so – to make the Councilmore willing to tackle human rights crises and less open to politicalselectivity and manipulation.

The new UN Secretary General too must assert himself to show leadershipas a champion of human rights. The UN’s responsibility for human rights is aunique one that no other entity can usurp. All organs and officials of the UNmust live up to it.

Sustainability in human rights terms means nurturing hope. From themany examples in 2006, we can draw lessons for the future.

The ending of the decade-long conflict in Nepal, with its attendant humanrights abuses, was a clear example of what can be achieved throughcollective effort. The UN and interested governments, working with nationalpolitical leaders and human rights activists in the country and abroad,responded to the powerful call from the people of Nepal.

International justice is critical for sustaining respect for human rights, andin 2006 Nigeria finally handed over former Liberian President Charles Taylorto the Special Court for Sierra Leone to be tried for war crimes and crimesagainst humanity. The International Criminal Court (ICC) began its firstprosecution against a warlord from the Democratic Republic of the Congo forrecruiting child solders. The Lord’s Resistance Army, a Ugandan rebel group,is next on the ICC’s list, as are perpetrators of the atrocities in Darfur. Inpressing for accountability of armed groups as well as government actors,the ICC is setting an important precedent at a time when armed groups areflexing their muscles with brutal consequences for human rights.

A massive campaign by civil society organizations moved the UN GeneralAssembly in 2006 to adopt a resolution to start work on an Arms TradeTreaty. Proliferation of arms is a major threat to human rights and thewillingness of governments to bring it under control is an important steptowards achieving “freedom from fear”.

These positive developments – and many more – have happenedbecause of the courage and commitment of civil society. Indeed, the singlemost significant sign of hope for transforming the human rights landscapeis the human rights movement itself – millions of defenders, activists andordinary people, including members of Amnesty International, who aredemanding change.

Marches, petitions, virals, blogs, t-shirts and armbands may not seemmuch by themselves, but by bringing people together they unleash an energyfor change that should not be underestimated. Darfur has become ahousehold word for international solidarity thanks to the efforts of civilsociety. The killings unfortunately have not stopped, but civil society will notallow world leaders to forget Darfur as long as its people are unsafe. Genderjustice has a long journey still to make, but the campaign by Iranian humanrights activist and Nobel Peace Prize winner Shirin Ebadi for equality ofwomen in Iran is lighting a flame that will not die down until the battle hasbeen won. The campaign for the abolition of the death penalty goes fromstrength to strength thanks to civil society.

People power will change the face of human rights in the 21st century.Hope is very much alive.


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REGIONAL OVERVIEWS/AFRICA


AFRICA The human rights situation in many parts ofAfrica remained precarious in 2006. Armedconflict, under-development, extremepoverty, widespread corruption, inequitabledistribution of resources, political repression,marginalization, ethnic and civil violence, andthe HIV/AIDS pandemic continued toundermine the enjoyment of human rightsacross the region.

Although armed conflicts generally were on the decrease, they still affected many countries. As a result, several million refugees and internally displacedpeople, including children and the elderly, remained without basic shelter,protection and care.

Most states suppressed dissent and the free expression of opinion. Somegovernments authorized or condonedextrajudicial executions, arbitrary arrests,torture and other ill-treatment, or harassment of opposition political activists, human rights defenders andjournalists. Across the region, suspects incriminal investigations continued to be at high risk of torture in part because of poor police training and supervision, as well as public pressure on police to tackle high rates of crime.

The enjoyment of economic, social andcultural rights such as the rights to food,shelter, health and education remained a mereillusion for the vast majority of people in

Africa. Corruption and under-investment insocial services contributed to entrenchedpoverty. ARMED CONFLICTSAt least a dozen countries in Africa wereaffected by armed conflict. Marginalization ofcertain communities, small arms proliferationand struggles for geo-political power andcontrol of natural resources were some of theunderlying causes of the conflicts.

Although there were numerous peace andinternational mediation processes, Burundi,Central African Republic (CAR), Chad, Côted’Ivoire, Democratic Republic of the Congo(DRC), Eritrea, Ethiopia, the Republic of Congo,Senegal, Sudan and Somalia were among thecountries still engaged in or affected byconflict. In all these countries, civilianscontinued to suffer human rights abuses, andthe most affected were women, children andthe elderly. The conflicts in CAR, Chad, Sudanand Somalia (with the involvement ofEthiopia), represented an escalation ofconflict in central and east Africa.

Even in countries where peace processeswere under way, such as in Côte d’Ivoire, theDRC and Sudan, civilians continued to faceattacks and were inadequately protected bytheir governments.

Conflict continued in the Darfur region ofSudan, despite the Darfur Peace Agreement.The Sudanese government failed to disarm thearmed militia known as the Janjawid, whichattacked civilians in Sudan and eastern Chad.Tens of thousands of Darfuris who escaped thekilling, rape and pillage were living in refugeecamps in CAR and Chad, unable to return totheir villages. At least 200,000 people had diedand 2.5 million internally displaced by the endof 2006.

REGIONALOVERVIEWS


Armed opposition groups in Chad, Côted’Ivoire and Sudan carried out human rightsabuses, and in CAR, Chad and Sudan theycontinued to launch attacks against theirrespective government forces using othercountries as bases.

Despite presidential and legislativeelections in the DRC in July and October, thepeace process and future stability of thecountry remained under serious threat,particularly because of the failure to reformthe new national army into a professional andapolitical force that respects human rights.The new army committed numerous serioushuman rights violations and the governmentfailed to exclude suspected perpetrators fromits ranks. Congolese armed groups, as well asforeign armed groups from Burundi, Rwandaand Uganda present in the DRC, alsothreatened the peace and committed humanrights abuses. Lack of security limitedhumanitarian access to many areas in the east.

Proliferation of small arms remained aserious problem, particularly in Burundi, theDRC, Somalia and Sudan, contributing to avicious cycle of violence, instability, poorhuman rights situations and humanitariancrises.

In Angola, the Memorandum ofUnderstanding for Peace and Reconciliation inCabinda was signed by the government and theCabindan Forum for Dialogue, formally endingthe armed conflict in Cabinda. However,sporadic attacks by both sides against civilianspersisted.

Despite intense diplomatic efforts, notablyby the UN and the African Union (AU), humanrights abuses continued to be reported in Côted’Ivoire. Government security forces and theForces Nouvelles (New Forces), a coalition ofarmed groups in control of the north sinceSeptember 2002, were implicated. Bothprotagonists repeatedly postponeddisarmament and demobilization, and thereintegration programme remaineddeadlocked because of disagreement over the timetable.

In Somalia, the militias of the Union ofIslamic Courts, which had conquered

Mogadishu in June, were defeated inDecember by an Ethiopian force supportingthe internationally recognized TransitionalFederal Government. Uncertainties remainedabout the deployment of an AU peace supportforce to protect this government, asauthorized by the UN Security Council.

The border dispute between Ethiopia andEritrea continued to be a source of tension.

ECONOMIC, SOCIAL AND CULTURAL RIGHTS The realization of economic, social andcultural rights remained illusory in virtually allcountries in Africa. Struggling economies,under-development, under-investment inbasic social services, corruption, andmarginalization of certain communities weresome of the factors behind the failure torealise these basic human rights. In countriessuch as Angola, Chad, the DRC, EquatorialGuinea, Nigeria, the Republic of Congo andSudan, the presence of oil and other mineralscontinued to blight rather than enhancepeople's lives because of conflicts, corruptionand power struggles.

Hundreds of thousands of people in many African countries were deliberatelyrendered homeless. By forcibly evictingpeople without due process of law, adequatecompensation or provision of alternativeshelter, governments violated people’sinternationally recognized human right toshelter and adequate housing.

Such evictions, which were oftenaccompanied by disproportionate use of forceand other abuses, were known to have takenplace in Angola, Equatorial Guinea, Kenya,Nigeria and Sudan. In one incident in August,bulldozers arrived unannounced in Dar al-Salam, a settlement for displaced people 43kilometres south of Khartoum, Sudan, andbegan demolishing the homes of some 12,000people, many of whom had fled drought,famine, the north-south civil war and, mostrecently, the conflict in Darfur. Some 50,000other people in Sudan continued to faceeviction as a result of the building of the Meroedam; in 2006 a total of 2,723 households in the



Amri area were given six days to evacuate theirhomes and reportedly given no shelter, food ormedicine.

The HIV/AIDS pandemic continued to posea threat to millions of Africans. According toUNAIDS (the Joint UN Programme onHIV/AIDS), the virus caused 2.1 million deathsin 2006 and 2.8 million people were newlyinfected, bringing to 24.7 million the totalnumber of people living with HIV/AIDS on thecontinent.

Women and girls in Africa remained 40 percent more likely to be infected with the virusthan men, and often carried the main burdenas carers. Violence against women and girls insome countries also increased their risk of HIVinfection.

National responses to HIV/AIDS continuedto be scaled up throughout the continent. Theroll-out of anti-retroviral treatmentcontinued, albeit unevenly. In June UNAIDSestimated that more than one million peopleon the continent were receiving life-savinganti-retroviral therapy – 23 per cent of thosewho required it.

In South Africa, the country with the largestnumber of people living with HIV/AIDS, thegovernment showed signs of greater opennessto the participation of civil societyorganizations in achieving a more effectiveresponse to the pandemic.

At the AU Special Summit on HIV/AIDS,Tuberculosis and Malaria in Abuja, Nigeria, inMay, African governments committedthemselves to “universal access to treatment,care and prevention services for all people by2010.” This call was reiterated, albeit with fewtangible commitments, at the UN GeneralAssembly High Level Review Meeting onHIV/AIDS (UNGASS Review) shortlyafterwards. UN member states committedthemselves to working towards achievinguniversal access to treatment, care andprevention by 2010. Countries throughout theregion were developing national targets andindicators for achieving this aim.

Tuberculosis and malaria also posed aserious threat in many areas. In 2006tuberculosis killed over 500,000 people across

the region and around 900,000 people inAfrica, most of them young children, died fromacute cases of malaria. REPRESSION OF DISSENTRepression of dissent continued in manycountries. The authorities in Eritrea, Ethiopia, Rwanda, Sudan, Uganda andZimbabwe were among those that used alicensing/accreditation system to restrict the work of journalists and consequentlyimpinged on the freedom of expression. Thepromulgation and use of anti-terror and publicorder laws to restrict dissent and the work ofhuman rights defenders continued in somestates, and human rights defenders wereparticularly vulnerable in Burundi, the DRC,Ethiopia, Rwanda, Somalia, Sudan andZimbabwe.

In Ethiopia, for example, opposition partyleaders, journalists and human rightsdefenders who were prisoners of consciencewere tried on capital charges such as treason,attempted genocide and armed conspiracy. InEritrea, members of minority evangelicalchurches were imprisoned because of theirfaith, and former government leaders,members of parliament and journalistscontinued to be held without trial, many ofthem feared dead.

DEATH PENALTYThe death penalty continued to be widelyapplied and prisoners remained undersentence of death in several countries in theregion, including around 600 people inRwanda. However, the Tanzanian authoritiescommuted all death sentences during 2006,and the ruling party in Rwanda recommendedabolition of capital punishment.

In the DRC military tribunals continued topass the death penalty after unfair trials,although there were no reports of stateexecutions. In Equatorial Guinea, one personwas publicly executed for murder.

IMPUNITY Police officers and other law enforcementpersonnel in many parts of the regioncontinued to commit human rights violations,



including unlawful killings, torture or other ill-treatment, with impunity. However, therewere important developments in the efforts toend impunity for war crimes and other seriouscrimes under international law.

Following the referral of the situation inDarfur by the UN Security Council in March2005, the Office of the Prosecutor of theInternational Criminal Court (ICC) visitedKhartoum in 2006.

Warrants of arrest issued in 2005 againstsenior members of the Ugandan armed politicalgroup, the Lord’s Resistance Army (LRA) –including Joseph Kony, Vincent Otti, OkotOdhiambo and Dominic Ongwen – remained inforce, but the accused were not apprehended.The LRA leaders argued that the warrantsshould be withdrawn before they wouldcommit to a peace agreement, but the warrantsremained in force at the end of the year.

In the DRC, Thomas Lubanga Dyilo, leaderof an Ituri armed group, the Union ofCongolese Patriots, was arrested and chargedwith war crimes – specifically, recruiting andusing in hostilities children aged under 15. Hewas subsequently transferred to the ICC in TheHague, the Netherlands.

In March, former Liberian President CharlesTaylor was handed over to Liberia by Nigeria,where he had been living. He was thentransferred to the Special Court for SierraLeone to face trial on charges of war crimesand crimes against humanity committedduring the armed conflict in Sierra Leone. Inaddition, three trials before the Special Courtcontinued of those bearing the greatestresponsibility for crimes against humanity,war crimes and other serious violations ofinternational law committed in the civil war inSierra Leone after 30 November 1996.

In Ethiopia, the 12-year trial of formerPresident Mengistu Hailemariam ended inDecember with his conviction for genocide,mass killings and other crimes. Along with 24other members of the Dergue militarygovernment (1974-1991), he was tried in hisabsence while in exile in Zimbabwe. ZimbabwePresident Robert Mugabe had refused toextradite him for trial.

In July 2006, the AU Assembly of Heads ofState and Government asked Senegal to tryHissène Habré, Chad’s former President, forcrimes against humanity he committed whilein power (1982-1990). He had been living inSenegal since he was ousted from office. In2005 a Belgian judge issued an internationalarrest warrant for torture and other crimescommitted during his rule. In November 2006Senegal’s Council of Ministers adopted a draftlaw allowing Hissène Habré to be tried.

Trials of prominent genocide suspectscontinued before the International CriminalTribunal for Rwanda (ICTR), which held 57detainees at the end of 2006. Ten trials wereongoing. The UN Security Council asked theICTR to complete all trials by the end of 2008.However, the ICTR failed to indict or prosecuteleaders of the former Rwandese Patriotic Frontwidely believed to have authorized, condonedor carried out war crimes and crimes againsthumanity in 1994.

In Rwanda, concerns remained about theimpartiality and fairness of gacaca tribunals (a community-based system of tribunalsestablished in Rwanda in 2002 to try peoplesuspected of crimes during the 1994 genocide).

VIOLENCE AGAINST WOMEN AND GIRLS Violence against women and girls remainedpervasive and only a few countries wereconsidering laws to address the problem.Parliaments in Kenya, Nigeria, South Africaand Zimbabwe continued to discuss draftlegislation on domestic violence and sexualoffences.

In South Africa and Swaziland in particular,the pervasiveness of gender-based violencecontinued to place women and girls at risk ofHIV/AIDS directly or through obstructing theiraccess to information, prevention andtreatment. Gender-based violence, as well asstigma and discrimination, also affectedaccess to treatment for those already livingwith HIV/AIDS.

The practice of female genital mutilationremained widespread in some countries,particularly Sierra Leone, Somalia and Sudan.



In the DRC, women and girls were raped bygovernment security forces and armed groupsand had little or no access to adequate medicaltreatment. In Darfur, rape of women byJanjawid militias continued to be systematic.The number of women attacked and rapedwhile searching for firewood around KalmaCamp near Nyala, South Darfur, increasedfrom about three or four a month to some 200a month between June and August.

In Nigeria there were frequent reports ofsexual violence, including rape, by stateofficials. Such abuses were committed withimpunity. In Côte d’Ivoire there werecontinuing reports of sexual violence againstwomen in the government-controlled areasand the region held by the Forces Nouvelles.

REGIONAL INSTITUTIONS ANDHUMAN RIGHTSAlthough the Constitutive Act of the AUunderscores the centrality of the promotionand protection of human rights throughout thecontinent, the AU fell short of its commitmentto human rights generally. The AU continuedto demonstrate a deep reluctance to publiclycriticize African leaders who failed to protecthuman rights, especially in Sudan andZimbabwe.

A combination of lack of political will andcapacity of the AU to halt continuing conflictsin places such as Darfur, and the apathy of aninternational community that had the capacitybut lacked the will to act, left millions ofcivilians at the mercy of belligerentgovernments and ruthless warlords.

Many of the institutions referred to underthe Constitutive Act of the AU became fullyoperational in 2006 but they made little or noimpact on people’s lives. However, theelection of 11 judges to the newly establishedAfrican Court on Human and Peoples’ Rightsenhanced the prospects of developing aculture that would respect the rule of law andhuman rights regionally. The Court held its firstmeeting in July and the judges began draftingthe Court’s rules of procedure. A draft legalinstrument relating to the establishment of amerged court comprising the African Court on

Human and Peoples’ Rights and the AfricanCourt of Justice was being negotiated at theend of the year.

The African Peer Review Mechanismcompleted the review of Ghana, Rwanda andSouth Africa but failed to make its findingspublic. The African Commission on Human andPeoples’ Rights, which remained the onlyfunctional regional human rights body,continued to be denied the much neededhuman, material and financial resources tofully respond to the many human rightsproblems in the region.

Overall, widespread and massivecorruption in Africa continued to contribute to a vicious cycle of extreme poverty,manifesting itself in violations ofinternationally recognized human rights,especially economic and social rights, weakinstitutions and leadership, andmarginalization of the most vulnerable sectors of the population, including womenand children.


REGIONAL OVERVIEWS/AMERICAS

The Americas remained an extraordinarilydiverse region, encompassing some of theworld’s most economically advantagedpopulations in North America as well as someof the world’s poorest countries in theCaribbean and Latin America. Common to thewhole region, however, were a range ofcomplex and pressing political, social andeconomic challenges that impinge on thefulfilment of fundamental human rights.

The USA, unrivalled in military andeconomic terms in the region and the world,continued to maintain a dual discourse onhuman rights as it pursued its “war on terror”.It claimed to be the leading force for thepromotion of human rights and the rule oflaw, while simultaneously pursuing policiesand practices that flouted some of the mostbasic principles of international law. In sodoing, it undermined not only long-termsecurity of which the rule of law is a centralpillar, but also its own credibility on theinternational stage.

Nowhere was the erosion of US credibility and influence more marked than in Latin America. Growing numbers of South American countries in particular have sought to dissociate themselves frompolitical, economic and security policiespromoted by the USA, and relations betweenthe US and several Latin Americangovernments have become increasinglyfractious. Political tensions and mutualcriticisms were sharpest between the USA and Venezuela.

A key feature of 2006 was the continuingstrengthening of democratic processes and theconsolidation of democratic institutions.Eleven countries held presidential elections,some combined with legislative and stateelections. The transition of power waspeaceful, despite legal challenges by somelosing candidates, such as in Mexico. Ingeneral, the elections were judged byobservers to have been fair.

Cuba, the only one-party state in the region,also underwent a transfer of power as FidelCastro’s brother Raúl was temporarilyappointed President.

The peaceful transfer of government powerin so many countries was a significantachievement in a region that has been plaguedby political instability and violent electoralcampaigns. Many of the new governmentswere elected on anti-poverty agendasimposed by electorates increasingly frustratedby the failure of prevailing economic policiesto reduce poverty. The consolidation ofdemocratic processes provided anunprecedented opportunity for the region’sgovernments to tackle persistent human rightsviolations and pervasive poverty.

Indeed, after decades of neglect of deep-rooted social and economic problems, therewere encouraging signs that somegovernments in Latin America in particularwere moving beyond a rhetorical commitmentto human rights towards the adoption andimplementation of social and economicpolicies that could begin to address theregion’s long-standing inequities.

Among the promises made by some newgovernments were reforms to address structuralflaws, such as inequitable land tenure,entrenched discrimination in the justice systemand lack of access to basic services, whichunderpin violations of human rights.

However, progress was slow and LatinAmerica remained one of the mosteconomically inequitable parts of the world.Poverty remained endemic and access to basicservices such as health and educationcontinued to be denied or limited for mostpeople. The poor rural populations inparticular were denied access to justice andbasic services – vast rural areas wereneglected by the state leaving large numbersof people isolated and insecure.

High expectations risk being dashed asdemocracy and good governance werethreatened by chronically weak institutionsand undermined by lack of independence of the judiciary, impunity and endemiccorruption.


AMERICAS


Civil society in the Americas continued to play an increasingly prominent role inchallenging governments’ lack ofaccountability and the lack of access to publicservices and to the justice system for theregion’s poor. Human rights defenders werekey in the struggle for political, economic andsocial rights. Their work contributed tohighlighting the social and economicinequalities in the region and they played acrucial role in legitimizing the struggle of themost vulnerable sectors of society, includingIndigenous peoples, women, and lesbian, gay,bisexual and transgender (LGBT) people.

Public opposition to governmentsfrequently led to massive and protractedsocial protests, which often met a repressiveresponse from security forces. For example,the political crisis in Oaxaca, Mexico, sparkedby a mass strike by teachers, resulted in hugeprotests against the state governor over manymonths. Despite the fact that only someprotesters were violent, the state authoritiesand their sympathizers reportedly respondedby targeting all individuals and organizationsperceived as sympathetic to the oppositionmovement.

INSECURITY AND CONFLICTHigh levels of violent crime and lack of publicsecurity continued to be major publicconcerns. Poverty, violence and theproliferation of small arms – daily realities formillions of people in the Americas – createdand sustained environments where humanrights abuses flourished.

Governments have traditionally resorted torepressive law enforcement strategies to dealwith the consequences of state neglect,discrimination and social exclusion. Suchpolicies have resulted in poor communitiessinking deeper into violence and insecurity,particularly in urban centres. In cities in Brazil,El Salvador, Guatemala, Haiti, Honduras andJamaica, youth and armed criminal gangs posed a serious threat. Several statesincreasingly resorted to military“containment” of neighbourhoods, leavingmany inhabitants exposed to the violence of

both the gangs that dominate the communitiesand repressive state forces.

One of the more visible consequences ofstates’ repressive security measures wasrampant violence in the region’s overcrowdedand out-of-control prisons. The phenomenonof prisons as “no go” areas to the securityforces spread in Central and South America. InBrazil, for example, a criminal gang in SãoPaulo’s prison system orchestratedsimultaneous riots in around 70 prisons in thestate. At the same time, the gangs’ leadersfrom within the detention system orderedcriminal attacks across the state, whichresulted in the killing of over 40 lawenforcement officers and widespread damage.Police killed over 100 suspects during theconfrontation, and many others died insuspected “death-squad”-style retaliations.

In Colombia, which has endured one of the world’s most intractable conflicts, thehumanitarian crisis continued. The securityforces, army-backed paramilitaries andguerrilla groups were responsible for manyhuman rights abuses, including war crimes andcrimes against humanity. Human rightsdefenders, trades unionists, and indigenousand community leaders were particularlyvulnerable.

In addition, the Colombia conflictcontinued to affect the rights of people livingnear the borders in neighbouring countries. InEcuador, Panama and Venezuela, ruralpopulations were particularly exposed tothreats from armed forces, both state and non-state, and the risk of forced recruitment intoarmed groups.

‘WAR ON TERROR’Further evidence emerged of a systematicpattern of abuse by the USA and its allies in thecontext of the “war on terror”, including secretdetention, enforced disappearance, prolongedincommunicado and arbitrary detention, andtorture or other cruel, inhuman or degradingtreatment. At the end of 2006, thousands ofdetainees continued to be held in US custodywithout charge or trial in Iraq, Afghanistan andGuantánamo Bay, Cuba.



Despite several adverse judicial rulings, theUS administration persisted in pursuingpolicies and practices inconsistent withhuman rights standards. The US Congress,despite some positive initiatives, gave itsstamp of approval to human rights violationscommitted by the USA in the “war on terror”and turned bad executive policy into baddomestic law.

In sharp contrast to positive developmentsin Latin America, there was a continued failureto hold senior US government officialsaccountable for torture and ill-treatment of“war on terror” detainees, despite evidencethat abuses had been systematic.

A shift in the balance of power in the USCongress as a result of the November mid-termelections raised the possibility of greatercongressional oversight and investigation ofexecutive actions, and of improved legislation.

DISCRIMINATION: STEPS FORWARD, STEPS BACKViolence against women continued to bewidespread throughout the Americas.Governments failed to uphold laws thatcriminalize violence against women in the home and the community, nor did they provide support and protection forvictims of violence. Lack of judges andprosecutors specialized in gender-basedviolence as well as a lack of gender-sensitive police units and adequate andsufficient shelters demonstrated afundamental lack of political will to end theendemic violence against women.

Despite national and internationalindignation, the pattern of killings of womencontinued in Colombia, El Salvador,Guatemala, Honduras and Mexico, amongother countries.

However, women’s rights, including their sexual and reproductive rights, were high on the agendas of political and civilsociety. In Chile, for example, the authoritiessuccessfully petitioned in the courts to allow the distribution without parentalconsent of the “morning-after pill” to girls over the age of 14. In Peru, the Constitutional

Tribunal ruled that the “morning-after pill”should be available to every woman. InColombia, abortion was decriminalized incases of rape in certain situations.

In contrast, the Constitutional Court inEcuador ruled that emergency contraceptionshould not be available, and the authorities inNicaragua repealed the law that had allowedabortion in certain cases of rape.

Violations of the rights of Indigenouspeoples, including violence against womenand girls, were reported throughout theregion. Indigenous peoples continued to faceentrenched racism and discriminatorytreatment. Denied adequate protection oftheir right to live on and use the lands andterritories vital to their cultural identity andtheir daily survival, Indigenous communitieswere often driven into extreme poverty andill-health.

During 2006 the trend of reassertion ofIndigenous identity continued to grow. In theAndean countries in particular, this trend wasreflected in the emergence of Indigenouspeoples as a political force at the nationallevel, as in Bolivia, and at a local level. Parallelto this, growing ethnic divisions becameapparent in Andean countries with the largestproportion of Indigenous people. In Bolivia,ethnic divisions were aggravated by demandsfor greater regional autonomy by the mainlynon-Indigenous departments of Santa Cruz,Tarija, Beni and Pando.

The LGBT community continued to sufferstigma, discrimination and abuse in manycountries in the Americas, although they alsogained visibility and some acceptability,particularly in major cities.

In Nicaragua, lesbian and gay relationshipsremained criminalized and in Caribbeancountries a number of “sodomy laws” were stillin force. However, there were positive movesin some countries to ensure equality beforethe law. Mexico City passed a landmark rulingrecognizing same-sex unions. The Congress inColombia discussed a bill that if approvedwould give same-sex couples the same socialsecurity rights as those enjoyed by couples ofthe opposite sex.



IMPUNITY ROLLED BACK Several countries in Latin America faced thepainful legacy of past human rights violations.The issues of truth, justice and reparationwere high on the agenda of civil society, thejudiciary and some governments, and actionwas taken against several former seniorofficials.

In Argentina, Miguel Etchecolatz, formerDirector of Investigations of the Buenos AiresProvince Police, was convicted of murder,torture and kidnappings during the period ofthe military government (1976-1983) andsentenced to life imprisonment in September.The three judges in the case ruled that he wasresponsible for crimes against humanity.

Former Peruvian President AlbertoFujimori was granted bail in May in Chilepending a decision by the Chilean SupremeCourt of Justice on whether to extradite him toPeru to face charges of corruption and humanrights violations. The Supreme Courtestablished that Alberto Fujimori was notallowed to leave the country until a decisionwas reached.

The prosecution in Mexico of former senior officials accused of crimes againsthumanity committed in the 1960s, 1970s and1980s continued to collapse. However, inNovember a federal court ordered the rearrest of former President Luis Echeverría to stand trial on the charge of genocide inconnection with the murder of students inTlatelolco Square in 1968.

In November, a Uruguayan judge orderedthe detention and trial of former PresidentJuan María Bordaberry (1971-1976) and formerMinister of Foreign Affairs Juan Carlos Blanco.They were charged in connection with thekillings of legislators Zelmar Michelini andHéctor Gutiérrez Ruiz, as well as RosarioBarredo and William Whitelaw, members ofthe Tupamaro guerrilla group Movement ofNational Liberation, in Argentina in 1976. Thejudicial decision was appealed.

The need for speedier justice was throwninto stark relief by the death on 10 December offormer Chilean ruler Augusto Pinochet before

he had faced trial for atrocities during his 17-year rule. Just weeks before his death he facednew charges in connection with 35 kidnappings,one homicide and 24 cases of torture. FormerParaguayan President Alfredo Stroessner diedin exile in Brazil without ever having beenbrought to trial for the widespread humanrights violations committed during his rulebetween 1954 and 1989.

Universal jurisdiction continued to play akey role in tackling the legacy of past humanrights violations in Latin America. A judge inSpain issued arrest warrants for Guatemala’sformer President General Efraín Ríos Monttand several former senior army officials, whofaced charges of genocide, torture, terrorismand illegal detention. However, formerGeneral Efraín Ríos Montt remained free afterthe Guatemalan authorities considered onlypart of the case presented by the SpanishNational Court. Two other former officialswere in custody and a third was a fugitive fromjustice.

REGIONAL DEVELOPMENTSThe Inter-American Commission on HumanRights and the Inter-American Court of HumanRights, the human rights mechanisms of theOrganization of American States (OAS), issueda number of significant decisions. Ifimplemented by states parties, these shouldnot only address particular cases of denials orviolations of human rights of individuals butalso set important precedents for systematicchange across the region.

No progress was made on negotiations for a free trade agreement for the Americas;such an agreement was viewed in manycountries with scepticism or rejection.However, progress was made on strengtheningtrading partnerships within Latin America.


REGIONAL OVERVIEWS/ASIA-PACIFIC



2006 was a year of dramatic events and much change in Asia and the Pacific. Political upheavals provided the context foraccounts of fear, deprivation anddiscrimination. These included political unrest in Timor-Leste, Tonga and the Solomon Islands, and the declaration of a state of emergency in the Philippines thatsparked fears of increased political killings. In Bangladesh, politically motivated violence marred the run-up to delayedelections, and in Myanmar the authoritiescontinued their policy of incarceration and repression of political opposition. SriLankan peace talks collapsed and a ceasefire barely held; thousands of killings and mass displacement occurred through the year and in November the ceasefire was declared “defunct” by the oppositionarmed group Liberation Tigers of Tamil Eelam (LTTE). Coups took place in Thailand and Fiji. Alongside the anxiety, suffering and despair was hope and opportunity inNepal where, after years of conflict andpolitical stalemate, people came together todemand peace, human rights and democratictransition. Their voices were heard and the opportunity for peaceful transitionappeared to have been seized when the King and political parties agreed a way forward that saw a comprehensive peaceagreement signed in November.

The Asia-Pacific region is home to six of the10 most populous states in the world, andalone they account for half the world’s people.Several events in 2006 reflected the region’sgrowing role on the world stage. China’s globalcommercial and political influence grew, andits preparations for the 2008 summer Olympicgames generated a climate of pride and somedebate. Viet Nam was set to become the WorldTrade Organization’s (WTO’s) 150th member inJanuary 2007 after its membership was

approved by the WTO’s General Council in late2006. A South Korean, Ban Ki-Moon, waschosen to be the next UN Secretary-General.

In terms of human rights developments,governments’ words and deeds were notalways well matched. Ten countries in theregion joined the new UN Human RightsCouncil and made admirable statements onhuman rights. The Association of SoutheastAsian Nations (ASEAN) took steps towards agreater role for human rights in its work.However, Asia and the Pacific remained alonein having no regional human rightsmechanism, and on the ground improvementsin human rights protections were patchy.

GLOBALIZATION: PROSPERITY,POVERTY AND MIGRATIONGlobalization continued to have a profoundimpact in the region. China and India inparticular notched up envied rates ofeconomic growth while strengthening theireconomic ties with each other. However, suchdevelopments did not bring benefits toeveryone. Some industrialization anddevelopment projects brought displacementand human rights abuses, and millions of themost disadvantaged people remained inpoverty as the benefits of development wereenjoyed disproportionately by those bettereducated, housed and skilled. According to theUN, more than 28 per cent of people in Indiaremained below the national poverty line. Thefigures were 50 per cent in Bangladesh, 40 percent in Mongolia and 33 per cent in Pakistan.

In particular, the rural-urban divide meantthat economic development had yet to have apositive effect on the lives of many ruralpopulations. In India, for example, overallunemployment increased, despite thebooming service sector, and desperation inrural areas was reflected in a disturbingly highnumber of suicides by farmers – thegovernment reported that 16,000 took placeannually between 2003 and 2006, and 100,000in the preceding 10 years.

China continued to witness vast numbers ofpeople moving out of poverty as well asshocking disparity between living standards in


ASIA-PACIFIC


rural and urban communities. Reportspublished in 2006 estimated that earnings in towns were almost four times higher than inrural areas. Life expectancy in urban Chinawas reportedly between 10 and 15 years longerthan that for a farmer, despite appalling healthand safety conditions for many industrialworkers in various sectors.

Economic development held great promisebut failed to improve the lives of the many whoare marginal or suffer discrimination, such aswomen and ethnic minorities, as underlyingstructures of inequality remained deeplyembedded. The processes of wealth creationbenefited limited numbers, as large swathes ofthe region’s population remained in povertywith little or no access to adequate healthcare, education or housing.

Although globalization and the freer flow ofgoods, services and finance across borderswas largely welcomed in the region, migrationwas often the only way for people to benefitfrom the new employment and earningopportunities but such movement remainedlimited and dangerous. Migrants were treatedbadly in many Asian and Pacific states, withgovernments failing to protect their rights.

Other dynamics affecting the movement ofpeople were conflicts and pervasive forms ofdiscrimination. In 2006, armed conflictsdisplaced at least 213,000 people in Sri Lankaand 16,000 in Myanmar’s Karen state. Some150,000 refugees remained on theThai/Myanmar border; 100,000 North Koreanswere reportedly in China, having fled hunger;and around 7,000 Lao Hmong refugeesremained in a camp in Thailand.

SECURITY CONCERNSThe “war on terror” continued to claim livesand to be associated with enforceddisappearances, particularly in Afghanistanand Pakistan.

In Afghanistan, the security situation in thesouth and south-east deteriorated rapidly. Thespread of the insurgency in the country,coupled with lawlessness, led to increasedsocial unrest. The escalating conflict resultedin the deaths and injuries of thousands of

civilians. Serious breaches of internationalhumanitarian law were committed by allparties to the conflict, including internationaland Afghan security forces, and the Taleban.The continuing inability of the internationalcommunity and the Afghan government toensure good governance and the rule of lawadded to the culture of impunity, furtherfuelling local resentments. Governmentadministrators, teachers and human rightsdefenders, many of them women, facedthreats and violent attacks, sometimes leadingto death, by the Taleban and local power-holders. Pervasive poverty, food shortagesand a lack of safe drinking water exacerbatedby drought added to the suffering of peopleand internal displacement.

In Thailand, violence continued in themainly Muslim southern provinces. Armedgroups bombed, beheaded or shot Muslim and Buddhist civilians, including monks and teachers, and members of the securityforces. Those who tried to take action on these and other abuses faced death threats and violent attacks, sometimes leading to death. Under the EmergencyDecree, scores of people were detainedarbitrarily without charge or trial, denied access to lawyers, and some weretortured or otherwise ill-treated duringinterrogation.

In Australia anti-terror legislation raisedmany concerns about the protection of human rights, and in India the debatecontinued about the introduction of a “war on terror” law.

A nuclear test by North Korea in Octoberheightened tension in north-east Asia andbeyond, prompting fears of an arms race in the region, while hunger continued to blight the lives of untold numbers in thecountry. There were also calls for changes toJapan’s anti-war constitutional provisions,while across Asia and beyond, the survivors of Japan’s system of military sexual slavery –before and during World War II – continuedtheir dignified call for justice, despite theirdwindling numbers and lack of fullreparations.



HUMAN RIGHTS: WORDS AND DEEDSTen states from the Asia-Pacific region became members of the new UN Human Rights Council – Bangladesh, China, India,Indonesia, Japan, Malaysia, Pakistan, thePhilippines, South Korea and Sri Lanka. Each promised to respect human rights, co-operate with UN human rights mechanismsand special procedures, create or maintainstrong national human rights frameworks, and ratify and uphold international humanrights standards. However, many of thesepledges had yet to bear fruit in practice by theend of 2006. Relatively few states in theregion, and only one of the new Human RightsCouncil members, had ratified the RomeStatute of the International Criminal Court.Applications by UN Special Rapporteurs tovisit several states in the region remainedpending; in some cases requests had beenpending for over a decade, such as that made in 1993 by the Special Rapporteur on torture to visit India.

The dire human rights situation in Myanmarwas placed on the agenda for the first time bythe UN Security Council in 2006, and the UNUnder-Secretary-General for Political Affairs,Ibrahim Gambari, visited the country in May.Meanwhile, Nobel Peace Prize winner andopposition leader Aung San Suu Kyi remainedunder house arrest in Myanmar, and there wascontinuing conflict, harassment of politicalactivists, use of forced labour and defiance bythe authorities of international criticism,including by ASEAN.

The Asia-Pacific region also lagged behindthe steady global march towards abolition ofthe death penalty and hosted shockingnumbers of executions, although someprogress was made. China, India, Japan,Malaysia, North Korea, Pakistan, Singapore,Thailand and Viet Nam featured among analarmingly long list of countries in the regionthat retained the death penalty despitecontinued campaigning for abolition fromwithin and beyond their borders. However, thePhilippines abolished capital punishment in2006 and South Korea spent another yearconsidering legislation to abolish the death

penalty while maintaining an unofficialmoratorium on its use.

In various parts of the region the space fordissent was limited during 2006, and there wasa continuing need to strengthen protectionsfor human rights activists. For example,political killings in the Philippines createdwidespread fear among political activists aswell as human rights defenders wanting tospeak out against unlawful killings and the lackof investigations into them.

Entrenched traditional practices thatcurtail the rights of women and often result inthem suffering violence and even deathremained widespread across the region butwere often marginalized in public debate andpolicy. Rape, forced marriage, “honour” crimesand the abuse of women and girls in conflictsall continued. In Papua New Guinea, forexample, sexual violence remained aneveryday experience for many women, andaccusations of sorcery resulted in the killing orabduction of women. Despite this, theauthorities did little to stop such crimes. InAfghanistan, early and forced marriage andtraditional practices such as exchange of girlsas a means of dispute settlement remained acontinuing threat to the well-being of girls and women.

However, the work of women activists inthe region did bear some fruit. In Pakistan, thecrimes of rape and sexual violence wereamended to ensure that a complaint of rapecan no longer be converted into a charge ofadultery or fornication. In India, a law onviolence against women was finallyintroduced.

The human rights of lesbian, gay, bisexualand transgender (LGBT) people continued tobe regarded as a sensitive subject in manyparts of the region. However, LGBT rightsactivism increased in several countries,including China, India and the Philippines. InIndia, a hundred public figures, includingwriters, academics and celebrities, signed anopen letter calling for the repeal of Article 377of the Penal Code which criminalizeshomosexuality; in Hong Kong, a young gay activist successfully challenged a law which



provides for a higher age of consent for same-sex couples than for heterosexual couples; andin the Philippines, activists lobbied hard forthe adoption of a proposed Anti-Discrimination Bill aimed at preventingdiscrimination against LGBT people.

Leadership on human rights issues emergedin different countries at different levels acrossthe region. At the state level, the Philippinesheeded calls to abolish the death penalty. At apopular level, the people of Nepal provided aninspiring demonstration of their strength inmoving towards peace and an end to theabuses linked to conflict. Human rightsdefenders, including women, environmental,indigenous and many other activists,continued to challenge powerful interests todefend basic rights. Collectively, the forces forhuman rights reform showed courage anddetermination in confronting resistance toprogress from within their own societies aswell as multiple forms of state repression.Ultimately, the Asia-Pacific region showedstrong demand and great potential forprogress across the full spectrum of humanrights, with the primary challenge one ofpolitical will by governments. The dynamicthat made states declare their human rightscredentials when contending for membershipof the UN Human Rights Council in 2006 shouldbuild the momentum towards delivering thefull range of economic, social and cultural aswell as civil and political rights.


REGIONAL OVERVIEWS/EUROPE-CENTRAL ASIA

EUROPE -CENTRALASIA Issues of statehood, security and migrationcontinued to be major preoccupations acrossthe region.

Europe’s newest state, Montenegro,emerged in June from the continuing break-up of the former Yugoslavia, but adecision on the final status of Kosovo, whichformally remained part of Serbia, waspostponed until early 2007. No significantprogress was made in resolving the status ofthe region’s internationally unrecognizedentities, situated within the borders ofAzerbaijan, Georgia and Moldova, butremaining outside these states’ de factocontrol. Cyprus continued to be a dividedisland. In Spain the armed Basque groupEuskadi Ta Askatasuna (ETA) declared a“permanent ceasefire” in March but dialogue with the government ended inDecember after an airport bomb killed twopeople. In Turkey, there was an overallincrease in 2006 in fighting between securityforces and the armed Kurdistan Workers Party (PKK), and a rise in bomb attacks oncivilians by other armed groups. Impunity as a result of conflicts across the regionpersisted.

Many countries remained a magnet forthose attempting to escape poverty, violenceor persecution. Changing migration patternsfrom Africa saw over 30,000 people arrive onthe Canary Islands, with an unknown numberof others feared lost on the journey in unsafeboats. However, European states continued todisregard the rights of refugees and migrants,adopting repressive approaches to irregularmigration that included forcible detention and expulsion without access to fair andindividualized asylum procedures. In thecontext of the “war on terror”, governmentsalso violated their international obligations by

returning people to countries despite the riskthat they faced serious human rights violationsincluding torture.

Two further countries – Bulgaria andRomania – were set to join the EuropeanUnion (EU) at the beginning of 2007. Whileenlargement continued to profile humanrights as a prime symbol of candidates’readiness to join, the EU as a beacon “union ofvalues” looked increasingly ambivalent.Further evidence emerged of the EU Council’sreluctance to confront the USA in its conductof the “war on terror” and its failure to“practice what you preach” in relation tomigration. An institutional minimalistapproach to human rights within the EU’sborders, which saw the establishment of aFundamental Human Rights Agency largelybarred from addressing human rights abusesby member states, added to the erosion ofcredibility domestically and globally on humanrights issues.

Racism and discrimination continuedacross the region. There was a failure ofleadership in many countries to convincinglychallenge racist and xenophobic ideas andideologies, to implement comprehensiveprogrammes to combat them, and to act withdue diligence to prevent, investigate andprosecute racially motivated attacks. In somecountries it was the authorities themselvesthat discriminated against minorities by failingto uphold their rights. Discrimination wasfrequently on grounds of identity and legalstatus – or lack of it – and led to barriers inaccess to a range of human rights, includingeconomic, social and cultural rights.

SECURITY AND HUMAN RIGHTSFurther evidence emerged of complicity byEurope’s governments in the US programme ofrenditions – an unlawful practice in whichnumerous men have been illegally detainedand secretly flown to countries where theyhave suffered additional crimes, includingtorture and enforced disappearance. Itbecame increasingly clear, including throughinquiries actively pursued by the Council ofEurope and the European Parliament, that



many European governments had adopted a“see no evil, hear no evil” approach when itcame to rendition flights using their territory.

Some were willing partners with the USCentral Intelligence Agency (CIA) in facilitatingabuses. Complicity by states such as Bosniaand Herzegovina, Germany, Italy, Macedonia,Sweden and the UK ranged from acceptanceand concealment of renditions, secretdetentions and torture or other ill-treatment(and use of information gained from suchtreatment) to direct involvement inabductions and illegal transfers. There wasevidence, furthermore, that security forces ofGermany, Turkey and the UK had takenadvantage of the situation by interrogatingindividuals who had been subjected torendition.

In other areas too, security drove theagenda over fundamental human rights – tothe detriment of both. There were graveconcerns that the governments of Kazakstan,Kyrgyzstan, Russia and Ukraine, in co-operating with Uzbekistan in the name ofregional security and the “war on terror”, wereviolating their obligations under human rightsand refugee law by returning people toUzbekistan despite the risk that they facedserious violations including torture.

The UK government continued toundermine the universal ban on torture bytrying to deport people they deemed to beterror suspects to countries with a history oftorture or other ill-treatment. The UKauthorities sought to rely on inherentlyunreliable and ineffective “diplomaticassurances” featured in memorandums ofunderstanding agreed with states that had awell-documented record of torture.

In Turkey, the new Law to Fight Terrorismcontained sweeping and draconian provisionsthat could in practice contraveneinternational human rights law and facilitateviolations. People charged under existing anti-terrorism legislation in Turkey continued to face unending trials, with some people still detained for more than a decade pending a final verdict in their case.

However, there were other indications –aside from the inquiries into renditions – of arefusal to tolerate such abuses. In a landmarkcase in Spain, the Supreme Court in Julyquashed a six-year prison sentence andordered the immediate release of a manpreviously held in US detention atGuantánamo Bay, Cuba, on the grounds thatevidence obtained while he was there wasinadmissible. The court ruled thatGuantánamo Bay constituted a legal limbowithout guarantees or control and thereforeall evidence or procedures originating from itshould be declared null and void.

In November, a UN human rights bodyconfirmed that the Swedish authorities hadbeen responsible for multiple human rightsviolations in connection with a summaryexpulsion to Egypt. The Swedish governmentreacted by reiterating that any such findingwas not legally binding, and continued torefuse to provide reparation, includingcompensation, to the victims. In December,Italian prosecutors asked a judge to indict 26CIA agents accused of kidnapping an Egyptiancleric in the Italian city of Milan andparticipating in his rendition to Egypt where he was allegedly tortured.

REFUGEES, ASYLUM-SEEKERS AND MIGRANTSThere remained a consistent pattern of human rights violations linked to theinterception, detention and expulsion bystates of foreign nationals, including thoseseeking international protection. One year on, there was still no outcome toinvestigations into the deaths in 2005 of 13migrants killed while trying to enter theSpanish enclaves of Ceuta and Melilla fromMorocco. Three other people died in similar incidents in July 2006.

Men, women and children continued to face obstacles in accessing asylumprocedures. Some in Greece, Italy, Malta and the UK were unlawfully detained andothers were denied necessary guidance and legal support. Many were unlawfullyexpelled before their claims could be



properly heard, including from Greece, Italy,Malta and Spain. Some were sent to countrieswhere they were at risk of human rightsviolations.

In response to shifting migration patterns,joint sea patrol missions by various EUcountries and co-ordinated by the EU externalborder control agency Frontex were set up,intended to intercept migrants’ boats at seaand return the migrants to their country oforigin. This raised serious concerns withrespect to fundamental rights, such as the rightto seek and enjoy asylum, the right to leaveone’s own country, and the principle of non-refoulement.

New legislation in some countries furtherrestricted the rights of asylum-seekers andmigrants. In Switzerland this included refusalof access to the asylum procedure for peoplewithout national identity documents. InFrance a new law tied residence permits formigrants to pre-existing work contracts,putting migrants at risk of exploitation in theworkplace.

RACISM AND DISCRIMINATIONAcross the region identity-baseddiscrimination was rife against Roma, whoremained largely excluded from public life andunable to enjoy full access to rights such ashousing, employment and health services. Insome countries the authorities failed to fullyintegrate Romani children into the educationsystem, tolerating or promoting the creationof special classes or schools, including thosewhere a reduced curriculum was taught. Romawere also among those subjected to hatecrimes by individuals, as were Jews andMuslims. In Russia, violent racism remainedwidespread.

Many people faced discrimination onaccount of their legal status. In Azerbaijanpeople internally displaced by the NagornyKarabakh conflict had restricted opportunitiesto exercise their economic and social rights,including by a cumbersome internalregistration process linking eligibility foremployment and social services to a fixedplace of residence. In Montenegro over 16,000

Roma and Serbs displaced from Kosovocontinued to be denied civil, political,economic and social rights because they wererefused civil registration. Similar problemsfaced thousands of people in Slovenia – allfrom other former Yugoslav republics – whohad been unlawfully “erased” from the registerof permanent residents. In Estonia, membersof the Russian-speaking minority faced limitedaccess to the labour market owing torestrictive linguistic and minority rights.

Authorities in Latvia, Poland and Russiacontinued to foster a climate of intoleranceagainst the lesbian, gay, bisexual andtransgender (LGBT) communities, obstructingpublic events organized by LGBT groups amidopenly homophobic language used by somehighly placed politicians.

IMPUNITY AND ACCOUNTABILITYAlthough some progress was made in tacklingimpunity for crimes committed on the territoryof the former Yugoslavia during the wars of the1990s, a lack of full co-operation with theInternational Criminal Tribunal for the formerYugoslavia together with insufficient efforts bydomestic courts meant that many perpetratorsof war crimes and crimes against humanitycontinued to evade justice.

Torture and other ill-treatment, often race-related and frequently used to extractconfessions, continued to be reported acrossthe region – routinely so in some countries.Victims described a catalogue of abuses,including mock executions; beatings with fists,plastic bottles full of water, books, truncheonsand poles; suffocation; deprivation of food,water and sleep; threats of rape; and electro-shocks to different parts of the body. Obstaclesto tackling impunity for such abuses includedpolice circumvention of safeguards, lack ofprompt access to a lawyer, victims’ fear ofreprisals, and lack of a properly resourced andindependent system for monitoring andinvestigating complaints. In Russia, Turkeyand Uzbekistan in particular, failures toconduct prompt, thorough and impartialinvestigations perpetuated an entrenchedculture of impunity. Such failures at domestic



level in some countries meant that peoplecontinued to seek redress at the EuropeanCourt of Human Rights, adding to itsoverburdened case load.

DEATH PENALTYSignificant progress continued to be madetowards abolition of the death penaltythroughout the region. In June, Moldovaabolished the death penalty in law, and inNovember Kyrgyzstan adopted a newConstitution which removed previousprovisions on the use of the death penalty.

When the Soviet Union collapsed, all 15newly independent states retained the deathpenalty. At the close of 2006, only two of themcontinued to apply the death penalty in lawand practice. These were Belarus andUzbekistan, both of which continued to cloakin secrecy the exact number of peoplesentenced to death and executed annually.Uzbekistan even insisted that no deathsentence had been passed for two years, eventhough credible non-governmentalorganizations in the country reported that atleast eight such sentences had been handeddown.

While Europe in general followed the globaltrend towards abolition, the President ofPoland sought to buck it by calling in July forthe reintroduction of capital punishment inPoland and throughout Europe. Another lesspositive note were conditions on death row inthe region, with some prisoners believed tohave been kept in very harsh conditions formany years. In addition, death row inmates incountries (and unrecognized entities) with amoratorium on executions continued to sufferuncertainty about their ultimate fate.

VIOLENCE AGAINST WOMENViolence in the home against women and girlsremained pervasive across the region for allages and social groups. It was manifestedthrough a range of verbal and psychologicalabuse, physical and sexual violence, economiccontrol and killings. Commonly, only a smallproportion of women reported this abuse,deterred among other things by fear of

reprisals from abusive partners; fear ofprosecution for other offences; self-blame;fear of bringing “shame” on their family;financial insecurity; lack of shelters or othereffective measures such as restraining ordersto ensure protection for them and theirchildren; and the widespread impunityenjoyed by perpetrators. Women alsofrequently lacked confidence that the relevantauthorities would regard the abuse as a crime,rather than a private matter, and deal with iteffectively as such. Failure to bridge thatconfidence gap in reporting not onlyhampered justice in individual cases but alsoimpeded efforts to tackle such abuses acrosssociety by hiding the full extent and nature ofthe problem.

While there were some positive moves on legislative protection in this area, othercrucial gaps remained. These included theabsence in some countries of laws specificallycriminalizing domestic violence and a failure to collect comprehensive statisticaldata. While the new domestic violence law in Georgia was welcome, the failure to approve a national action plan on domestic violence – as stipulated by the law – raised doubts about the authorities’commitment to eradicate domestic violence. In Switzerland, a new law permitted expulsion of an aggressor from the shared home if requested by thevictim of domestic violence. However, migrant women living in Switzerland for less than five years remained vulnerable to expulsion if they stopped cohabiting with the partner named on their residencepermit.

Trafficking of human beings, including ofwomen and girls for forced prostitution,continued to thrive on poverty, corruption,lack of education and social breakdown.Trafficking of human beings in and to Europewas widespread. Many states failed to ensurethat the focus of policy and action in this areawas on respect for and protection of the rightsof trafficked persons. However, a positivedevelopment towards that end included theratification in 2006 by three countries of the



Council of Europe Convention on Actionagainst Trafficking in Human Beings, which willenter into force when 10 countries becomeparties.

REPRESSION OF DISSENTIn many areas across the region, there wasshrinking space for independent voices andcivil society as freedom of expression andassociation remained under attack. Turkey’srestrictive law on “denigrating Turkishness”muzzled peaceful dissenting opinion, with asteady flow of prosecutions againstindividuals from across the political spectrum.

In Uzbekistan, in the wake of the 2005Andizhan clashes in which hundreds of peopledied, fewer and fewer independent ordissenting voices were able to find an outlet toexpress their opinion without fear of reprisal.Reprisals came in the form of harassment,intimidation and imprisonment. In Azerbaijan,the authorities encouraged a climate ofimpunity for physical attacks on independentjournalists, imprisoned others onquestionable charges, and harassedindependent media outlets through a range ofadministrative measures. The clampdown oncivil society continued in Belarus, with anincrease in the number of activists convictedas legal changes limiting freedom ofassociation came into effect. The outrightassault on any form of peaceful dissentintensified in Turkmenistan, where peoplewere dismissed from their jobs and barredfrom travelling abroad simply because theywere related to a dissident, and where theauthorities targeted human rights defenders,portraying their activities as “treason” and“espionage”.

Controversial new legislation in Russiaundermined rather than enabled civil societyby giving the authorities increased power ofscrutiny of funding and activities of Russianand foreign non-governmental organizations.The legislation introduced a regulatoryframework that could be arbitrarily applied,had key provisions which lacked a precise legaldefinition, and imposed sanctions that weredisproportionate. In Chechnya and the wider

North Caucasus region of Russia, peopleseeking justice faced intimidation and deaththreats, with the murder of leading activist andhuman rights journalist Anna Politkovskaya inOctober sending a chilling message about thedangers facing all those who dared to speakout as she had done.

In spite of threats, intimidation anddetention, however, human rights defendersacross the region remained resolute incontinuing their work, inspiring others to jointhem in aiming for lasting change and respectfor the human rights of all.


REGIONAL OVERVIEWS/MIDDLE EAST-NORTH AFRICA

Armed conflict and the legacy of formerconflicts overshadowed other developmentsin the Middle East and North Africa region in2006. Throughout the year, against thebackdrop of foreign military presence, Iraqcontinued its inexorable descent into civil waras long-standing political, ethnic and religiousfault lines were increasingly exposed amidunrelenting sectarian violence. By the end ofthe year, the country was enmeshed in killingsand other violence, primarily by Sunni andShi'a groups, that threatened the stability ofthe whole region.

The long struggle between Israelis andPalestinians in the Occupied Territoriescontinued to take a heavy toll in civilian livesdespite wide international recognition thatthe conflict was a major cause of politicalinstability in the region and beyond. The 40-year unresolved struggle entered a new phaseafter Hamas won January’s Palestinianelections, defeating the Fatah party led byPalestinian President Mahmoud Abbas.Frequent Israeli air and artillery attacksresulted in the deaths of more than 650Palestinians, mostly in the Gaza Strip andmostly in the second half of the year. Furtherdeaths of Palestinians, again mostly in theGaza Strip, resulted from internecine fightingbetween members of armed groups linked tothe rival Hamas and Fatah parties. Meanwhile,social and economic conditions forPalestinians living under Israeli occupationcontinued to go from bad to worse as Israelpushed forward its construction ofsettlements and the building of a 700-kilometre fence/wall in the West Bank,increased or tightened the blockades and

restrictions on Palestinian movements, andwithheld customs duties due to the PalestinianAuthority.

The uneasy relationship between Israel andArab countries exploded into open conflict inJuly, when an attack on Israeli soldiers bymembers of the armed wing of Hizbullahsparked off a 34-day war involving Israel andLebanon. Around 1,300 people were killedbefore an internationally negotiated ceasefiretook effect on 14 August. Civilians on both sidesbore the brunt of the conflict, particularly inLebanon, where some 1,200 people, includingmore than 300 children, were killed in Israeliair attacks and artillery bombardment. Muchof Lebanon’s infrastructure was destroyed ordamaged. After the fighting ended, civilians insouth Lebanon continued to be killed andmaimed by cluster bomblets, some four millionof which were fired into the area by Israeliforces in the last days of the war. Both Israeliforces and Hizbullah combatants showed awanton disregard for civilians and committedgross violations of human rights andinternational humanitarian law, including warcrimes.

Tensions between Iran and theinternational community continued to growover the Iranian government’s determinationto pursue its nuclear enrichment programme.In December the UN Security Council agreed aprogramme of sanctions against Iran.

IMPUNITY AND ACCOUNTABILITY The war between Hizbullah and Israel was awar fought without accountability. When thepeace came, neither side took any steps tohold to account those who had committed warcrimes and other grave abuses during theconflict, and there was virtually no pressurefrom the international community for them todo so. But this was not surprising. Rather, itreflected a wider pattern of impunity thatremained deeply entrenched throughout theMiddle East and North Africa region.

In many countries, security forces wereallowed virtual carte blanche to detain,intimidate and torture political opponents andcriminal suspects. By failing to hold them to


MIDDLEEAST-NORTHAFRICA


account, the governments to whom theseforces reported betrayed their ownwillingness to condone or acquiesce in suchabuses. In Egypt, Jordan, Syria, Tunisia andYemen, political and terrorism suspects weretried before special and military courts. Inmany cases they were convicted on the basisof contested confessions by judges who rarelyshowed any inclination to investigateallegations that defendants had been torturedin pre-trial detention. Such courts wereintended to provide a veneer of legitimacy, butthe abusive systems of which they formed apart – based on prolonged incommunicadodetention, torture or other ill-treatment andthe extraction of confessions – werefundamentally rotten. They deliveredconvictions, long sentences and even, in somecases, the death penalty, but they did notdeliver justice.

Impunity was also the watchword inAlgeria, which through the 1990s experiencedan internal conflict estimated to have claimedas many as 200,000 lives. Many were killed byarmed groups or by government securityforces, while thousands of others weretortured in custody or became victims ofenforced disappearances after arrest. In mostcases, the individual perpetrators remainedunknown and in 2006 there was furtherevidence that the Algerian authoritiesintended to keep it that way. PresidentBouteflika’s government enacted amnestymeasures to confer legal immunity onmembers of armed groups and the securityforces responsible for serious abuses, and ontheir political masters. At the same time, it was made a crime to accuse the securityforces of violating human rights, raising theprospect that victims and survivors of suchviolations could be imprisoned for demandingjustice.

In neighbouring Morocco, the governmentcontinued to address directly some of thewrongs of the past. The Human Rights AdvisoryBoard was charged by King Mohamed VI withfollowing up on the groundbreaking workundertaken previously by the Equity andReconciliation Commission, which had

investigated enforced disappearances andother grave human rights violationscommitted between 1956 and 1999. The Boardbegan to inform some families of the results ofthe investigation but progress wasdisappointingly slow even though the processaimed only to obtain and disseminate thetruth, not to bring accountability and justice.

In Iraq, former President Saddam Hussainand seven others were tried for human rightsviolations in connection with the killings of 148people from the town of al-Dujail following anassassination attempt on Saddam Hussain in 1982. The trial was billed as an exercise inaccountability, and so it should have been. Inpractice, however, the trial was unfair andundermined by political interference. Itsoutcome was a foregone conclusion, with thetribunal’s appeal chamber acting as little morethan a rubber stamp body, and SaddamHussain was sentenced to death and inDecember executed. The trial had representedan opportunity to turn the page in Iraq andestablish accountability through justice andwithout recourse to the death penalty. It wasan opportunity missed.

TERROR AND TORTURETorture and other ill-treatment continued tobe widespread in several countries in theregion, including Algeria, Egypt, Iraq, Iran andJordan. Such abuses were also reported inKuwait, Libya, Morocco, Saudi Arabia, Syria,Tunisia and Yemen.

The USA and some of its European alliesremained keen to collaborate with theAlgerian authorities in the “war on terror”,despite Algeria’s shameful amnesty measuresand human rights record. The UK governmentstrove unsuccessfully to obtain a“memorandum of understanding” such as ithad previously agreed with Lebanon, Libya andJordan, whereby untried terrorism suspectscould be returned forcibly from the UK despitethe risk that they would be tortured. Suchagreements, based not on law but on mere“diplomatic assurances” that a returnee would not be tortured or executed, were



symptomatic of the willingness of the USA andsome European countries to engage actively ineroding key human rights safeguards that theyhad previously helped to develop and to whichthey had long proclaimed allegiance.

The main symbols of this corrosive patternwere the US detention camp at GuantánamoBay, Cuba, the majority of whose inmates came from countries in the Middle East andNorth Africa region, and the secret renditionsof suspected terrorists by the US government,in which a range of Middle Eastern and NorthAfrican governments were complicit. Little by little, information continued to emergeabout this murky multilateral conspiracy ofsecret detention and interrogation of terrorist suspects and their unlawful transferfrom one country to another, pointing to theclose involvement of Egyptian, Jordanian and Syrian security and intelligence agenciesamong others with the US Central IntelligenceAgency (CIA). Three Yemeni nationals, whowere released more than a year after theywere returned to Yemen from US custody,reported that they had been held for longperiods at unknown locations as suspects in the US “war on terror”. Other such suspects were repatriated to Kuwait, Libya,Morocco, Saudi Arabia, Yemen and otherstates after years spent at Guantánamo Bay.Some were subsequently released but others were charged with terrorism-relatedoffences in their home countries.

In Iraq, the US-led Multinational Forcecontinued to hold thousands of detaineeswithout charge or trial, although batches ofdetainees were released periodically duringthe year. After the scandal of torture and otherabuses at Abu Ghraib in 2004, greatest concernfocused on the plight of those detained byIraqi police and other security forces, someunits of which were largely drawn fromsupporters of Shi'a armed groups. There werecontinuing reports of torture and other ill-treatment of detainees held by some of theseforces, and the Iraqi authorities showed littleappetite to investigate or take action againstthose who abused prisoners.

WOMEN’S RIGHTSWomen remained in a subordinate position –legally, politically and in practice – across theregion as a deep-seated culture of genderdiscrimination continued to hold sway.However, some advances were achieved thatoffered encouragement to a growing women’srights movement.

In Kuwait, women participated for the first time in national elections and inBahrain 18 women candidates stood inelections for the House of Representatives,although only one was successful. TheMoroccan government announced that itwould withdraw its reservations to the UNConvention on the Elimination of All Forms ofDiscrimination against Women (CEDAW) and took steps to strengthen legislation on domestic violence, and Oman acceded to CEDAW. In Saudi Arabia, there was some movement towards establishing aspecialized court to deal with cases ofdomestic violence, but women continued toface pervasive forms of discrimination,including severe restrictions on their freedomof movement.

These and other developments representeda step forward but only a small and haltingone, underlining just how much more needs tobe done to give real substance to the notion ofwomen’s rights. “Honour killings” persisted inJordan, the Palestinian Authority, Iraq, Syriaand other states in which the perpetratorsbenefited from laws that belittled their crimes.Throughout the region women wereinadequately protected against other violencewithin the family. There were also worryingreports of trafficking of women in Oman, Qatarand other states.

In Iran, the all-male Council of Guardiansruled ineligible at least 12 women who wished to stand as candidates in elections for the important Assembly of Experts.Demonstrators who called for an end to legaldiscrimination against women were violentlydispersed by the security forces. Despite this,the country’s resilient women’s rights activistswere anything but deterred; they launched a



campaign to collect a million signaturesnationally in support of their demand for anend to legal discrimination.

DISCRIMINATIONDiscrimination on the basis of religion,ethnicity, sexual orientation and other groundswas prevalent in a number of countries in theregion, while the religious sectarianism of theIraq conflict raised tensions between Sunnisand Shi'as. In Iran, members of the Arab,Azerbaijani, Kurdish and Baluchi minoritieswere increasingly restive in the face ofcontinuing discrimination and repression, whilemembers of religious minorities – Baha'is,Nematollahi Sufis and Christians – weredetained or harassed on account of their faith.Baha'is were also subject to discrimination inEgypt, where they were required to presentthemselves as members of other faiths in orderto obtain official documents such as identitycards and birth certificates. In Syria,discrimination continued against the Kurdishminority, with thousands of Syrian Kurdseffectively made stateless and so denied equalaccess to basic social and economic rights,while in Qatar the cases of some 2,000 peopledeprived of their nationality in previous yearsremained unresolved.

The Israeli authorities imposed furtherdiscriminatory measures against Palestiniansliving under Israeli military occupation,including by reinforcing the system ofsegregated roads and checkpoints establishedon behalf of Israeli settlers residing in theOccupied Territories.

REFUGEES, ASYLUM-SEEKERS AND MIGRANTSUnsurprisingly, the conflict in Iraq and the warbetween Hizbullah and Israeli forces causedwidespread internal displacement and largeoutflows of refugees into neighbouringcountries. In both Israel and Lebanon, most ofthose displaced returned to their villages andneighbourhoods once the fighting stopped,although many Lebanese people did so only tofind that their homes had been destroyed andtheir fields and orchards contaminated by

unexploded cluster bomblets. Some 200,000other Lebanese people were still displaced atthe end of the year. Syria, together withJordan, absorbed most of the refugees whofled the violence in Iraq; estimates suggestedthat more than half a million Iraqis had takenrefuge in Syria by the end of 2006. In Lebanon,around 300,000 Palestinian refugees, in mostcases refugees from events surrounding thecreation of the state of Israel and the Arab-Israeli war of 1948, maintained a precariousexistence, tolerated but far from fullyaccepted by Lebanese authorities whocontinued to deny or limit their access tocertain basic rights.

In North Africa, refugees and migrants fromcountries to the south, many of them seekingentry to European Union states, were liable todetention and summary expulsion by securityforces in Morocco, Algeria and Libya. Therewere three further deaths of migrants at thehands of security forces at the border fencebetween Morocco and the Spanish enclave ofMelilla. Even recognized refugees were sweptup and expelled by police in Morocco andallegedly abused and robbed in the process. InLibya, the authorities announced that they hadincreased expulsions of migrants tenfoldcompared to 2004.

In the Gulf and elsewhere, migrant workershad their rights abused amid a mix ofinadequate legal protection, exploitativeemployers and government complacency.However, in Kuwait, where there werecomplaints about the treatment of South Asianand Filipino nationals, new legislation wasintroduced to afford some protection tomigrant domestic workers, and in the UAE thegovernment announced new measures toimprove living and working conditions formigrant workers. In Oman, the right of workersto form trade unions was set out in law for thefirst time, although domestic workers wereexcluded.

DEATH PENALTYThis ultimate form of cruel, inhuman anddegrading punishment was used extensivelythroughout much of the region, although



Algeria, Morocco and Tunisia continued torefrain from carrying out executions. In Iran,at least 177 people were executed, includingone minor and three others whose crimes werecommitted when they were minors, and therewere at least 39 executions in Saudi Arabia,mostly of foreign nationals. Bahrain carriedout three executions, the first since 1996. Heretoo, those executed were foreigners. Theexecution of Saddam Hussain at the very endof the year was particularly significant andcontroversial, due to its timing, its especiallygrotesque and degrading manner, and thewidespread sense within the region andbeyond that it represented no more than“victor’s justice” and an act of vengeance,rather than true justice or accountability.

DISSENTThe limits of dissent remained tightly drawn in most of the region by governmentsintolerant of opposition and by other forces anxious to control debate. In mostcountries, the media operated within strictconstraints and under threat of criminalprosecution should they cause insult oroffence to government leaders or officials.Journalists were prosecuted under defamation laws in Algeria, Egypt andMorocco, while in Iran, newspapers continued to be closed down and journalistsdetained and abused. State controls alsoextended to use of the Internet. In Bahrain, thegovernment banned several sites; the Syrianauthorities blocked access to sites providingnews and comment on Syria; and bloggers whocriticized the authorities were detained inEgypt and Iran.

The publication in Denmark of cartoonsoffensive to many Muslims sparked violentreactions, and in Jordan, Lebanon and Yemeneditors and journalists were prosecuted forrepublishing them. Subsequently, Iran’sPresident caused similar offence by publiclyquestioning the Holocaust. However, theIranian authorities promptly closed Irannewspaper after it published a cartoon foundto be offensive to the country’s Azerbaijaniminority.

Human rights defenders continued to speakup for tolerance in the face of intolerance, andfor freedom of expression and the right todissent, despite harassment and intimidation,the threat of arrest and prosecutions. They didso at particular risk to themselves in Iran,Syria, Tunisia and Western Sahara, but alsofaced threats and intimidation in othercountries, including Algeria and Lebanon.


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AFGHANISTANAFGHANISTANHead of state and government: Hamid KarzaiDeath penalty: retentionistInternational Criminal Court: ratified

The government and its international partners wereunable to ensure security and a climate of politicaluncertainty grew in the course of the year. Armedconflict, marked by aerial bombardments and suicidebombings, escalated in southern parts of the country.At least 1,000 civilians were killed. Poor governance,the power of regional commanders and the impact ofnarcotics undermined the rule of law and humanrights. Government security bodies committed humanrights violations with impunity. There was little reformof judicial, law enforcement and security agencies.Women continued to face violence. Human rightsdefenders, including women, were targeted and killed.It became increasingly dangerous to speak out againsthuman rights abuses and for justice.

BackgroundIn February, the Afghanistan Compact was adoptedoutlining reforms and priorities for the next five years.Through the Compact, the Afghan government and itsinternational partners agreed new financial andinstitutional support and oversight mechanisms. Keyareas of the Afghanistan Compact are security,governance, rule of law and human rights, as well aseconomic and social development.

Lack of good governance and the rule of lawcontributed to the climate of impunity. Governmentofficials and local power-holders were not heldaccountable for their actions and there was little or noaccess to justice.

Escalating conflict caused widespread social unrest.Violations of international humanitarian and humanrights law were committed with impunity by all partiesto the conflict, including international and Afghansecurity forces and the Taleban.

Human rights defenders, many of them women,faced harassment, intimidation and in at least one casemurder, as they sought to protect human rights. Itbecame more dangerous to speak out. Schools wereburned down and teachers were attacked and killed bythose opposed to the government and the education ofgirls.

Conflict, drought and floods in different parts of thecountry caused forced displacement throughout theyear, while neighbouring Iran and Pakistan sought toreduce the number of Afghan asylum-seekers. Thenumber of Afghans returning from these countriesdecreased.

ConflictThe conflict in the south and east grew in intensity andhad a detrimental effect on governance in other parts

of the country. Thousands of Afghans were forced toflee their homes because of conflict and drought.

The NATO-led International Security AssistanceForce (ISAF) widened its area of operation to the southof Afghanistan, focusing on stabilization and security.The US-led Operation Enduring Freedom (OEF)continued to carry out operations purportedly tocounter terrorism.

Human rights bodies and the UN expressed graveconcern at the conduct of Afghan and internationalforces. The UN in Afghanistan routinely condemned thekilling of civilians by the Taleban and repeatedly calledon the Afghan and US authorities to ensure the safety ofcivilians while battling the insurgents.

US forces continued to deny detainees at Bagramsome of their basic rights. Although there appeared to befewer allegations of gross abuses, lack of informationabout detainees and denial of access to families werecontinuing concerns. ISAF handed detainees into thecustody of Afghan authorities; there was insufficientmonitoring of how these detainees were subsequentlytreated. Aerial bombardments during OEF and ISAFoperations were, on occasion, disproportionate.

In July the UN Secretary-General’s SpecialRepresentative to Afghanistan expressed concernabout the deteriorating security situation in the southand called for more development work as well asfurther military and diplomatic intervention to curb thegrowing violence.b During a joint military operation on 21 and 22 Mayby the government and OEF forces in Panjwayi,Kandahar, 16 civilians, including children and theelderly, were reportedly killed in Azizi village.b Tensions over the presence of international troopswere shown by violent protests after a fatal trafficaccident in Kabul involving a US military vehicle on 29 May. In ensuing riots, at least eight people werekilled and 100 injured. Shops were looted and policevehicles, government buildings in the city and officesbelonging to international non-governmentalorganizations (NGOs) were damaged.b In July, areas near to Tarin Kowt, Uruzgan, werebombed by US-led coalition forces, reportedly resultingin the death of at least 60 civilians. According to theAfghanistan Independent Human Rights Commission inKandahar, at least 22 civilians were killed in twoseparate houses in Ghachi Zari. President Karzaiordered an inquiry into the bombing in Uruzgan.b On 24 October, Zangawat village in the Panjwayidistrict was bombed in an ISAF operation in which atleast 70 civilians were reportedly killed, includingchildren. b In late May, more than 3,000 villagers fromPanjwayi and 200 from Zhari Dasht, Kandahar, weredisplaced following fighting between US and Afghanforces and the Taleban. They reportedly fled toKandahar.b Between July and October, it was estimated thatapproximately 15,000 people had been forciblydisplaced by conflict, including hundreds displaced byaerial bombardments in Kandahar, Uruzgan andHelmand provinces.


AFG

Resurgence of the TalebanBenefiting from a climate of lawlessness, notably inthe south, the Taleban enjoyed a significantresurgence. Their forces were responsible forbreaches of international humanitarian law byundertaking indiscriminate and disproportionateacts of violence; by killing those not involved incombat; and by ill-treating and torturing those overwhom they had effective control. For example, in thecontext of quasi-judicial processes, at least 11 peoplewere killed. The true number may have been farhigher.b On 28 August, a suicide blast attributed to theTaleban in a market in Lashkar Gah, Helmand, killed 17people, many of them civilians.b At least 19 individuals, including 13 civilians, werekilled and another 20 injured on 26 September when asuicide bomber attacked a security post near a mosquein Lashkar Gah. Civilians had gathered outside themosque to sign up for the Haj, or pilgrimage to Mecca.

Weak governmentThe reach of the central government was restricted.Parallel systems of governance and dispute resolutionprevailed.

Insecurity undermined the rule of law and created aclimate of impunity. Governors in some provincesacted independently of central government andviolated human rights with impunity. Despite theappointment of Supreme Court judges and other high-ranking officials, reform and rebuilding of the judicialsector remained sluggish. The Afghan security forces,particularly the police and representatives of theNational Security Directorate (NSD), were accused ofillegal detentions and torture and other ill-treatment.

The legal status of international forces appeared toput them beyond the reach of Afghan law, and theirfailure to provide effective redress for violationsundermined the rule of law.

Corruption and involvement in the drugs trade furtherundermined the delivery of justice by the government.Private jails continued to be administered by regionalcommanders. In November, the Attorney-Generaldeclared a “jihad” (holy war) against corruption.

In early March, government officials, backed byinternational forces, brought to a close a prisonuprising in which at least five people died. Detaineesassociated with the Taleban in Pol-e Charkhi prison hadprotested against a new uniform regime and had takencontrol of part of the prison.b In July, the government reportedly announcedplans to re-establish the Department for the Promotionof Virtue and Prevention of Vice, a government bodythat committed numerous human rights violations,notably against women, during the rule of the Taleban.Assurances were given that the department would notbe given the same duties as before.

Detention by international forcesUS forces continued to hold around 500 detainees inBagram airbase who were accused of links with theTaleban and al-Qa’ida.

b In January, a military court in Bagram found a USmilitary official guilty of mistreating detainees andsentenced him to four months’ detention. He wasfound to have punched detainees in the chest, armsand shoulders at a base in Uruzgan province in July2005.

Around 35 Afghans were released from US custodyat Guantánamo Bay and returned to Afghanistan.Refurbishment of Pol-e Charkhi high security prisoncontinued in advance of the expected transfer in 2007of the remaining Afghan detainees at GuantánamoBay.

Rights of women and human rights defendersThe situation for human rights defenders deteriorated.Members of the Afghanistan Independent HumanRights Commission and representatives of nationalhuman rights organizations faced threats.

Legal reforms designed to protect women were notimplemented and women continued to be detained forbreaching social mores. There was a rise in cases of“honour” killings of women and self-immolation bywomen.b On 25 September, Safiye Amajan, head of theKandahar regional Department of Women’s Affairs(DoWA) was shot dead by gunmen on a motorcycle.Individuals associated with Hezb-e Eslami werearrested in connection with her death. Other DoWAheads in other provinces also faced threats andintimidation.

Transitional justiceThe government took a few steps to support theTransitional Justice Action Plan, adopted in late 2005. A mechanism for vetting political appointments wasestablished, and in December the President officiallylaunched the action plan. However, efforts failed tobring to justice those accused of human rightsviolations. b Asadullah Sarwari, a former government ministerand former head of the intelligence service, wassentenced to death on 23 February for war crimescommitted between 1978 and 1992, under communistrule. His trial was grossly unfair. For most of his 13 yearsin custody Asadullah Sarwari did not have access to alawyer.

Freedom of expressionFreedom of expression was reasonably well respected,although there were attempts to limit it.

The NSD sought to ban open discussion of thesecurity situation and the Speaker of Parliamentproposed limiting parliamentarians’ freedom to speakto the press.b Abdul Rahman was arrested in February andthreatened with the death penalty for converting fromIslam to Christianity more than 15 years previously,while working in Peshawar, Pakistan. In March, underheavy pressure from foreign governments, the courtreturned his case to prosecutors, citing “investigativegaps” and he was released from prison. He fled to Italyand was granted asylum.


ALB

AI country reports/visitsReports• Afghanistan: UN Security Council mission must

ensure international commitment to human rights islong term (AI Index: ASA 11/018/2006)

• Afghanistan: Open letter to His ExcellencySibghatullah Mojaddedi on the occasion of the 15 November 2006 visit to the Meshrano Jirga bymilitary and civil leaders of the InternationalSecurity Assistance Force (ISAF) (AI Index: ASA11/019/2006)

• Afghanistan: NATO must ensure justice for victims ofcivilian deaths and torture (AI Index: ASA11/021/2006)

ALBANIAREPUBLIC OF ALBANIAHead of state: Alfred MoisiuHead of government: Sali BerishaDeath penalty: abolitionistInternational Criminal Court: ratified

Violence against women was common and fewperpetrators were brought to justice. Women andchildren were trafficked for forced prostitution andother forms of exploitation. Detainees frequentlyalleged ill-treatment by police officers during, or inthe hours following, arrest. Investigations andprosecutions related to such allegations were rare,although in some cases police officers weredisciplined. Conditions of detention, especially pre-trial detention, were harsh.

Background In September the European Parliament ratified aStabilisation and Association Agreement between theEuropean Union (EU) and Albania, a significant step inthe process of Albania’s accession to the EU. InNovember the Albanian parliament approvedratification of Protocol 13 to the European Conventionon Human Rights, thereby abolishing the death penaltyin all circumstances. Public debates about corruptionand incompetence within the ranks of judges andprosecutors were frequent but highly politicized; publicconfidence in the judiciary remained low. Certainlegislative reforms were delayed because of politicaldisputes related to forthcoming local elections, whichled to the boycott of some parliamentary sessions byopposition deputies.

Violence against womenDomestic violence was not specifically prohibited in theCriminal Code, although it was generally recognized that

such violence, particularly against women and children,was widespread. In its report, issued in November, theOrganization for Security and Co-operation in Europe(OSCE) noted that “domestic violence is under-reported,under-investigated, under-prosecuted and under-sentenced”, and that “the overwhelming majority ofperpetrators are granted impunity”. There were signs,however, that official and general public awareness ofthis issue had increased. In July the Director General ofthe State Police directed the police to implementrecommendations made by AI in its report on domesticviolence issued in March. He ordered police to respondpromptly to all reports of domestic violence, todocument complaints made by victims and order theirexamination by forensic doctors, and to liaise with localnon-governmental organizations (NGOs) offering legalassistance and shelter to victims of domestic violence.

In December parliament adopted a law “On measuresagainst violence in family relations” drafted by a groupof domestic NGOs. This law aimed both to prevent suchviolence and to introduce procedures to give victims ofdomestic violence effective protection. The law was notdue to come into force until mid-2007.b Between mid-July and the beginning of August, thewife and daughter of NT reported him three times toBerat police because of his alleged violence towardsthem and to three younger children. However, apartfrom briefly detaining NT, the police apparently took noeffective action. On 12 October, he was again detainedby police after his alleged further violence, but escapedfrom the police station the same day.

Trafficking Despite increased, and to some extent successful,measures to counter trafficking, Albania continued tobe a source country for the trafficking of women, oftenminors, for sexual exploitation. Children, many of themRoma, continued to be trafficked to be exploited asbeggars, for cheap labour, crime or for adoption.According to official statistics, in the first six months ofthe year, 119 criminal proceedings were registered withthe Serious Crimes Prosecutor's Office relating tocharges of trafficking women for prostitution, and fiveto charges of trafficking children.

In February Albania and Greece signed anagreement, subsequently ratified by parliament,dealing with the protection, repatriation andrehabilitation of trafficked children. In July regionalanti-trafficking committees were established in Albaniato identify and overcome problems in implementingthe national anti-trafficking strategy. b In January, a man was arrested in Saranda on acharge of trafficking two 12-year-old boys to Greece asdrug couriers. The children had reportedly beenarrested by Greek police two months earlier whilecrossing the border with a bag of cannabis. b In April, three men were jointly convicted by theSerious Crimes Court of trafficking six babies toGreece between 1997 and 2003. They receivedsentences of up to 21 years’ imprisonment.

There were also reports of trials and convictions ofdefendants on charges of having trafficked women


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abroad for sexual exploitation. Those convictedreceived sentences of up to 15 years’ imprisonment.However, witness protection was weak andprosecutors complained that prosecutions often failedbecause at trial the victims of trafficking tended towithdraw their testimony under pressure fromtraffickers or their own families.

Police ill-treatmentDetainees frequently alleged that they had been ill-treated by police during arrest or during questioningfollowing arrest. In some cases minors who had beenquestioned by police without a parent, lawyer orpsychologist present complained of physical andpsychological ill-treatment. At initial remand hearingsprosecutors and judges rarely initiated investigationswhen a defendant complained of ill-treatment or boreclear marks of injury.

In July the European Committee for the Prevention ofTorture (CPT) published its reports on visits to Albaniain 2003 and 2005. The CPT reported that during bothvisits most of the detainees interviewed alleged thatthey had been beaten by police, often duringquestioning. In some cases the alleged beatingsamounted to torture. In a number of cases a medicalexamination of the complainant found injuriesconsistent with these allegations. A report by the OSCEpublished in November, Analysis of the Criminal JusticeSystem in Albania, reached similar conclusions. b In March, Dorian Leci was allegedly hit on the headwith a pistol butt, kicked and beaten by police officersduring his arrest in Tirana. He filed a criminal complaintagainst a police officer, alleging the use of force, abuseof office and torture. The prosecutor decided not toopen an investigation into this complaint andreportedly did not inform Dorian Leci of this decision,as required by law.b In June, Amarildo Përfundi, aged 17, committedsuicide at home a few days after Korça police officersquestioned him for six hours. The Ombudsperson laterconcluded that police officers had psychologically andphysically ill-treated Amarildo Përfundi and hadquestioned him without a parent, psychologist or alawyer being present – in violation of the law. Korçapolice denied that police officers had ill-treated theboy. A criminal investigation was started against apolice officer but had not been completed by the end ofthe year.

The Ministry of the Interior was reported as statingthat during 2006 more than 40 police officers accusedof ill-treating people, taking bribes or other misconductin relation to the treatment of suspects at policestations had been punished administratively andreferred to prosecutors' offices for investigation.However, few were brought to trial, and it appearedthat none had been prosecuted under Article 86 of theCriminal Code dealing with "torture and any otherdegrading or inhuman treatment". Trial proceedingsbefore Tirana District Court against two police officerson lesser charges of "arbitrary acts" – generallypunished by non-custodial sentences – had not beenconcluded by the end of 2006.

Conditions of detentionDespite an EU-supported programme of prison reformand some improvements to detention conditions, thesewere still generally very poor and characterized byovercrowding, poor hygiene and sanitation, andinadequate diet and health care. Contrary to Albanianlaw and international standards, minors were stillsometimes held together with adult detainees, andremand and convicted prisoners shared cells. Mentallyill prisoners were often held in prisons instead of beingsent for medical treatment in specialized institutions inaccordance with court decisions.

Detainees held in remand cells in police stationssuffered particularly harsh conditions, and there werefrequent complaints. Conditions were particularlypoor, largely due to overcrowding, in Durrës, Elbasanand Korça police stations.

AI country reports/visitsReport• Albania: Violence against women in the family – “It’s

not her shame” (AI Index: EUR 11/002/2006)VisitAI delegates visited Albania in March.

ALGERIAPEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIAHead of state: Abdelaziz BouteflikaHead of government: Abdelaziz Belkhadem (replacedAhmed Ouyahia in May)Death penalty: abolitionist in practiceInternational Criminal Court: signed

The government introduced new amnesty lawsentrenching impunity for gross human rights abusesin a stated effort to bring closure to the internalconflict of the 1990s, and criminalizing criticism ofpast violations by government forces. It made noprogress in investigating cases of enforceddisappearance and other serious human rightsabuses committed during the 1990s or in clarifyingthe fate of the victims of enforced disappearance.Some 2,200 people who had been imprisoned ordetained on terrorism-related charges were releasedunder the amnesty laws and members of armedgroups who surrendered were offered exemptionfrom prosecution. However, fighting between armedgroups and security forces continued, claiming over300 lives, including more than 70 civilians. Therewere persistent reports of torture and ill-treatment ofsuspects detained by the authorities and accused ofterrorism-related activities and there were concerns


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over the fairness of trials in terrorism-related andpolitically motivated cases. Journalists, tradeunionists and human rights defenders were subjectto harassment and prison sentences.

BackgroundAlgeria continued to be affected by the legacy of thelong and bloody internal conflict of the 1990s in whichas many as 200,000 people are believed to have beenkilled as a result of attacks and abuses by both armedgroups and government security forces. Thegovernment branded its policy of “nationalreconciliation” as the definitive solution toovercoming this brutal legacy. It introduced blanketamnesty measures and exemptions from prosecutionfor those responsible for past abuses, compensationpayments for some categories of victims, socialbenefits for former armed group members and theirfamilies, and measures aimed at reintegrating peoplewho had been ostracized due to their suspectedsupport for the Islamic Salvation Front (Frontislamique du salut, FIS). The FIS, whose electionsuccess in 1992 had sparked the army’s interventionand the ensuing internal conflict, remained bannedand excluded from the political process although someof its former leaders actively supported thegovernment’s “reconciliation” plan.

Algeria was an important ally in the US-led “war onterror”. Violence by residual armed groups persisted,often in connection with criminal activities such assmuggling, protection rackets and money-laundering.The government continued its armed campaign againstthese groups, which it claimed were aligned with al-Qa’ida. Despite the persistent risk of torture interrorism-related cases, Algerians were deported fromseveral countries where governments alleged theywere a risk to national security. Some countriesapparently received assurances from the Algerianauthorities that returnees would not be tortured or ill-treated, but Algeria refused independent monitoringof detainees who had been returned from othercountries.

Raised oil and gas prices led to high revenues whichallowed the government to repay some two thirds of itsforeign debt. International financial institutionswarned that urgent reforms were needed to diversifygrowth and create employment. Violent protests oversocial and economic conditions remained rife amidwidespread allegations of corruption.

ImpunityThere was no progress towards investigating thenumerous gross abuses, including torture, killings,abductions and enforced disappearances, committedby armed groups and state security forces during theconflict of the 1990s. The government continued to failto co-operate effectively with relevant UN humanrights bodies and mechanisms in addressing the humanrights legacy of the conflict.

Impunity was entrenched further by amnesty lawsissued under presidential decrees in February, whichwere said by the government to implement the Charter

for Peace and National Reconciliation, a frameworkdocument adopted by national referendum in 2005.Human rights groups and associations of victims stagedpublic demonstrations to protest against the newlegislation, describing it as unconstitutional.

The amnesty laws declared that any complaintagainst the security forces and those who acted inconjunction with them would be inadmissible,effectively granting them blanket immunity for humanrights violations committed during the years of internalconflict. Moreover, the laws threatened withimprisonment those who speak out about abuses by thesecurity forces. During the 1990s, security forces andstate-armed militias carried out widespread tortureand thousands of extrajudicial executions andenforced disappearances, all crimes underinternational law. The amnesty laws contraveneAlgeria’s international obligation to investigate thesecrimes and hold the perpetrators to account, therebydenying victims and their families an effective remedyfor the wrongs to which they were subjected.

The amnesty laws also enlarged the scope of earliermeasures granting exemption from prosecution tomembers of armed groups who surrendered to theauthorities within a six-month period, in a stated effortto end fighting by armed groups. The law providedinsufficient safeguards to ensure that those who hadcommitted serious crimes, for example killings ofcivilians, would be prosecuted. According to officialstatements, up to 300 armed group members surrenderedbefore the deadline expired, but it was not known howmany of them were exempted from prosecution and bywhat process. The authorities announced that thosegiving themselves up in future would benefit from similarmeasures beyond expiry of the deadline.

The laws also provided for the release under anamnesty of those detained or imprisoned for allegedinvolvement in terrorist activities except for collectivekillings, rape and bomb attacks. According to officialstatements, some 2,200 people who had been chargedwith or convicted of involvement in terrorist activitieswere freed from detention in March and in thefollowing months, but the names of those released andthe process for determining eligibility were notpublished. Several people charged with involvement ininternational terrorism were initially released,although they were not entitled under the terms of thelaw. Some of them were later rearrested and detained.Other detainees who would have been eligible forrelease were still in detention at the end of the year.b In August the UN Human Rights Committee ruledthat Malik Medjnoun, who had been detained withouttrial for nearly seven years, should be triedimmediately or released, and that human rightsviolations he had allegedly suffered in detention shouldbe investigated. However, the government was notknown to have taken any action in response to thisdecision and Malik Medjnoun remained detainedwithout trial at the end of the year. In 2000, he wascharged with participation in the 1998 killing of LounesMatoub, a prominent singer, a crime which has not yetbeen fully, impartially and independently investigated.


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In 1999 and 2000 Malik Medjnoun was held inunacknowledged and secret detention for sevenmonths during which he was reportedly tortured.

Political killingsMore than 300 people were reported to have beenkilled by either armed groups or government securityforces during the year, including over 70 civilians.

Armed groups continued to carry out attacks onmilitary and, to a lesser extent, civilian targets. Militaryforces carried out search operations and attacks inareas where armed group violence persisted, killingalleged armed group members. There were concernsthat some of these killings might have beenextrajudicial executions and that some of those killedwere women and children related to armed groupmembers, but details were difficult to obtain.

Violations in counter-terrorismTorture continued to be used with impunity. There werepersistent reports of torture and other ill-treatment inthe custody of the Department for Information andSecurity (Département du renseignement et de lasécurité, DRS), a military intelligence agency whichcarries out terrorism-related arrests and investigations.Detainees held in DRS custody said they were beaten,tortured with electric shocks, suspended from theceiling, and forced to swallow large amounts of dirtywater, urine or chemicals. They were held by the DRS insecret locations for up to several months, during whichthey were denied contact with the outside world, inviolation of the law. Reports of torture and ill-treatmentwere not known to have been investigated, despite newprovisions criminalizing torture introduced in 2004. Atleast three people convicted of belonging to a terroristgroup were sentenced to death in their absence.b Hadj Djilali Bouazza, an Algerian national residentin Belgium, was arrested in March, some 10 days afterarriving on a visit to Algeria. He was detained in DRScustody for three months during which he was notpermitted contact with the outside world andreportedly abused by being stamped on, blindfoldedand beaten on the side of his head, causing temporarydeafness in one ear. An independent medicalexamination requested by his lawyer did not takeplace. He remained in prison awaiting trial for allegedterrorist activities in Algeria and abroad.b Ahmed Chergui was arrested in Boumerdesprovince, east of Algiers, at the end of June. He was heldby gendarmerie officers for three days, during whichtime he was reportedly stripped and threatened with adog. He was then transferred to DRS custody andallegedly subjected to further torture, including severebeatings on his legs. Despite extensive bruising to histhighs, a medical certificate reportedly stated that hehad no traces of injuries. He was charged withterrorism-related activities and remained in detentionawaiting trial.

Enforced disappearancesNo steps were taken to clarify the fate of thousands ofvictims of enforced disappearance between 1993 and

2002. Dozens of court cases brought by their familieshad not led to full judicial investigations or prosecutionof the alleged perpetrators. The laws on “nationalreconciliation” barred courts from investigatingcomplaints against those responsible.b In March the UN Human Rights Committee issuedits first rulings on cases of enforced disappearance inAlgeria. The Committee found that the state hadviolated several provisions of the InternationalCovenant on Civil and Political Rights in failing toprotect the rights and life of Salah Saker and RiadBoucherf who had disappeared in 1994 and 1995respectively. The Committee also recognized that thetreatment by the authorities of their relatives, whoremained without news of their fate or whereabouts,amounted to ill-treatment.

The laws on “national reconciliation” includedprovisions to compensate families of victims ofenforced disappearance, but no payments had beenmade by the end of the year. In the absence of anyinvestigations or judicial proceedings, many familiesrejected the compensation offer, fearing that thepayments were intended to silence their calls for truthand justice.

Several dozen families of victims of enforceddisappearance who had appealed to the authorities forhelp in previous years were summoned by securityforces and given written notification of the death oftheir loved ones, a prerequisite for any compensationclaims. The documents, however, refuted the families’claims that their loved ones had been arrested bysecurity forces, stating instead that they had beenkilled by unidentified men or while participating in anarmed group.

Families of victims of enforced disappearance wereintimidated and some were prosecuted in connectionwith documentation they had produced and theircampaigning activities on behalf of victims of enforceddisappearance in Algeria or because of their peacefulprotests against the government’s nationalreconciliation policies.

Intimidation of human rights defenders and journalistsThere were continuing restrictions on freedom ofexpression and assembly, and several independentorganizations, including organizations of families ofvictims of enforced disappearance, continued to bedenied legal status. Some of the restrictions werelinked to the state of emergency, imposed in 1992,which remained in force.

The amnesty laws introduced in Februarycriminalized free speech about the conduct of thesecurity forces. Under these new laws, anyoneexposing human rights violations or wishing togenerate debate about them could face prosecutionand up to five years’ imprisonment, or 10 years in thecase of a second offence. By the end of the year, thelaws were not known to have been applied, but victimsof human rights abuses and their families, human rightsdefenders, journalists and trade unionists faced a rangeof other forms of harassment and intimidation,


ANG

including the threat of court action for exercising rightsguaranteed under international law.

Algerian media reported that some 20 journalistswere prosecuted for defamation after complaints bypublic officials. Some 15 prison terms of up to one yearwere imposed, but most journalists remained at libertypending appeals.

In July, President Bouteflika decreed a pardon for alljournalists convicted in connection with lawsrestricting free speech. Dozens of journalists sentencedto prison sentences and fines benefited from themeasure. This followed a similar announcement in Maywhich had, in practice, benefited very few of the 200 orso journalists it was officially aimed at. This wasbecause it covered only journalists whose sentenceshad been confirmed, and most of those prosecutedwere at liberty awaiting the outcome of appeals.b Trumped-up charges were brought against lawyersHassiba Boumerdesi and Amine Sidhoum in Septemberin an apparent attempt to intimidate them and deterthem from carrying out human rights work. Theyremained at liberty pending trial for violating lawsgoverning the organization and security of prisons.

Refugees and migrantsIrregular migrants were at risk of detention andcollective expulsion. There were also reports of ill-treatment of irregular migrants by Algerian borderpolice. Thousands of irregular migrants, includingpossible asylum-seekers, were deported to countries insub-Saharan Africa without being able to make asylumapplications or to appeal against deportation orders.

AI country reports/visitsReports• Algeria: Unrestrained powers – Torture by Algeria’s

Military Security (AI Index: MDE 28/004/2006)• Algeria: New amnesty law will ensure atrocities go

unpunished (AI Index: MDE 28/005/2006)• Algeria: Torture in the “war on terror” – a

memorandum to the Algerian President (AI Index:MDE 28/008/2006)

VisitAI informed the government in May that it wished tovisit Algeria, but was denied access to the country.

ANGOLAREPUBLIC OF ANGOLAHead of state: José Eduardo dos SantosHead of government: Fernando da Piedade Dias dosSantosDeath penalty: abolitionist for all crimesInternational Criminal Court: signed

Forced evictions continued and hundreds of familieswere left without shelter. There were reports ofhuman rights violations by police, including unlawfulkillings and torture. Little progress was madetowards eradicating impunity. One police officer wasprosecuted and 10 others dismissed for variousoffences. In Cabinda, human rights violationscontinued despite the signing of a peace agreementwith a separatist movement. Human rightsdefenders and political activists were harassed andsome were briefly detained, while a human rightsorganization was banned.

BackgroundIn February, a cholera epidemic broke out and spread toall provinces. By the end of the year more than 2,000people had died from the disease.

Elections planned for late 2006 were postponed tolate 2007. However, voters’ registration only started inNovember and only in a few areas. Opposition leadersand others expressed concern at the number of smallarms, including AK-47 rifles, held by civilians (estimatedat between 1.5 and four million) and called fordisarmament ahead of the election.

In February the National Assembly approved a newPress Law, which prohibits media censorship andguarantees access to information. The new lawabolished the article which prevented journalists fromdefending themselves in court in cases of defamation ofthe President of the Republic.

In August Angola ratified the United NationsConvention against Corruption.

Forced evictionsThe Council of Ministers approved two of the fourregulations for the implementation of the land lawsapproved in 2004.

Although on a smaller scale than the previous year,forced evictions occurred in several neighbourhoods inLuanda. Between January and June, there were severalforced evictions in Cidadania and Cambamba I and IIneighbourhoods. In some cases, the police, municipalfiscal agents and private security personnel usedexcessive force, including firing live ammunition,against residents who resisted the evictions. Therewere no investigations into the forced evictions or theexcessive use of force by police.

In March, the UN Special Rapporteur on the right toadequate housing expressed concern about thepersistent practice of forced evictions in Angola. He


ANG

called on the government to comply with its humanrights obligations and to address promptly violations ofhuman rights.

In March at least 330 families from theneighbourhoods of Cambamba I, Cambamba II andBanga Wé, were forcibly evicted by police and privatesecurity guards who used excessive force.b National police officers, private security guardsand people in civilian clothes demolished 200 houses inCambamba II on 13 March. They were reinforced byabout 100 heavily armed riot police officers who shotinto the air and on the ground. They also beat andkicked residents, mainly women, children and theelderly who stood in front of their houses and refusedto move. A pregnant woman was beaten and started tobleed. A boy of about four was hit by a bullet in theknee. Nine people, including a 14-year-old boy and fourwomen – Eunice Domingos, Amélia José Faustino, AidaCardoso and Isabel Miguel Francisco – were arrested,apparently for resisting the evictions. They were allreleased without charge by the end of the followingday.b Also on 13 March, police and private security guardsused excessive force when forcibly evicting families inthe Cambamba I neighbourhood, where theydemolished 130 houses. Police and security guardspushed to the ground and beat those who resisted theevictions. A security guard reportedly shot around thefeet of a youth as he was fleeing. Then he and severalpolice officers surrounded the youth, beat him with ahose and kicked him. Several people were arrested andbriefly detained, including two members of the non-governmental organization (NGO) SOS-Habitat and fourwomen, one of whom was pregnant and three who hadyoung children with them. Several days later the policereturned to Cambamba I and demolished the sheltersthat families had rebuilt.

There were several forced evictions in May in theCidadania neighbourhood of Luanda.b On 5 May, police officers and municipal fiscalagents demolished a number of houses in Cidadania.Two men, Rafael Morais, a member of SOS-Habitat, andJoão Manuel Gomes, a resident, were arrested. Theywere handcuffed together and kept in the sun for overfour hours, before being released uncharged. A policeofficer beat João Manuel Gomes with a hose and RafaelMorais was kept without his shoes or shirt.

Policing and human rightsHuman rights violations committed by policecontinued, including the unlawful killing, torture andill-treatment of detainees. Disciplinary measures weretaken against some police officers accused ofcommitting human rights violations during the year.The measures, which included dismissal from the policeforce, were publicized. However, only one policeofficer was prosecuted during 2006, despite astatement by a police spokesperson that the dismissalswould not preclude criminal or civil proceedings.b In May police shot two young street vendors inLuanda, killing one. The police alleged that theysuspected the two of possessing stolen mobile phones,

and that one youth fled when they tried to search hisbag. He was captured and was then deliberately shotand killed by a police officer. The second youth wasshot when the police tried to disperse a group of peoplewho had gathered and were protesting against theshooting. The police officer responsible for the deathwas reportedly dismissed from the police force in June.However, he had not faced criminal charges by the endof the year.b In May police officers were reported to havetortured four detainees for several days in the SixthPolice Station in Luanda. The four were Mateus InácioMartins, Faustino Penhafu, Zeferino Muipile and SantosJoão Francisco. The officers were among a group of 10officers reportedly dismissed from the police force inJune for various offences, including bribery, tortureand unlawful killing.b In August the Benguela Provincial Court in Lobitocity convicted a police officer of the murder ofAntoninho Tchiswugo in January 2005, and sentencedhim to 17 years’ imprisonment.

Human rights defendersHuman rights defenders remained at risk ofpersecution. In September, members of the ProvincialCriminal Investigative Police (DPIC) arbitrarily arrestedhuman rights defender Raul Danda at the airport inCabinda city. He was unlawfully detained at the DPICheadquarters for more than the 48 hours allowed bylaw. He was charged with instigating, inciting andcondoning crimes against the security of the state, andtransferred to the Cabinda Civil Prison. He was releasedfour weeks later pending trial, but his trial had notstarted by the end of the year. Raul Danda is a memberof the human rights organization Mpalabanda –Cabinda Civic Association, which was banned by theCabinda Provincial Court in July for allegedinvolvement in political activities. An appeal againstthe ban had not been heard by the end of the year.

CabindaIn August the government and the Cabindan Forum forDialogue (Forum Cabindés para o Diálogo, FCD) signeda peace agreement to end the armed conflict in theprovince. The agreement provided for thedemilitarization of combatants of the armed Front forthe Liberation of the Cabinda Enclave (Frente deLibertação do Enclave de Cabinda, FLEC) and theirintegration in the Angolan Armed Forces (ForçasArmadas Angolanas, FAA) and government. It alsoprovided for an amnesty for crimes against the securityof the state committed in the context of the armedconflict, which was subsequently approved by theNational Assembly. However, FLEC and otherorganizations rejected the agreement, saying that it hadbeen signed by a former President of the FCD who hadbeen expelled from the organization in April and thathe did not represent their views. Following the signingof the peace agreement there were unconfirmedreports of fighting between FAA and FLEC combatants.

There were no known investigations into numerousreports of human rights violations by the police and the


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FAA in Cabinda, including extrajudicial executions,torture, rape and arbitrary detentions.b In January Francisco Banheva was beaten bysoldiers who found him and his wife working their fieldsin the Mbata-Missinga area of Ncutu commune,disobeying a FAA order specifying the days that peoplein the area could tend their fields. He reportedly died asa result of the beating the next day.

In June, the new Catholic bishop, whoseappointment in February 2005 from outside theprovince had provoked violent protests, took office.Following the swearing-in ceremony, police reportedlyarrested 28 members of Mpalabanda who were meetingto discuss the establishment of good relations with thenew bishop. They were released without charge laterthat day.

AI country reports/visitsReports• Angola: Call on Government to end forced evictions

and excessive use of force immediately (AI Index:AFR 12/004/2006)

• Angola: Human rights organization banned (AI Index:AFR 12/006/2006)

• Angola: A step towards ending police impunity (AIIndex: AFR 12/007/2006)

ARGENTINAARGENTINE REPUBLICHead of state and government: Néstor KirchnerDeath penalty: abolitionist for ordinary crimesInternational Criminal Court: ratified

There were reports of attacks and threats toindividuals involved in trials of former members ofthe security forces. Some trials for human rightsviolations were concluded. Prison conditions did notimprove. Indigenous communities’ economic socialand cultural rights continued to be violated.

JusticeSeveral former members of the security forces accusedof committing human rights abuses during the militarygovernments (1976-83) went on trial. Judges,prosecution witnesses, non-governmentalorganizations and relatives of former victims involvedin the trials were attacked and threatened in the lastfour months of the year. The trials followed a ruling bythe Supreme Court in 2005 that the Laws of Final Stopand Due Obedience were unconstitutional.

In September the Senate passed a bill implementingthe Rome Statute of the International Criminal Court.

The bill was approved by the Chamber of Deputies in December.

Miguel Etchecolatz, former Director ofInvestigations of the Buenos Aires Province Police,was convicted of murder, torture and kidnappingsduring the military government and sentenced to lifeimprisonment in September. The three judges in thecase ruled that he was responsible for crimes againsthumanity committed within the framework ofgenocide. Jorge Julio López, a main witness andcomplainant in the trial, went missing in September.There were fears that he may have been a victim ofenforced disappearance.

Land issues and Indigenous people Indigenous communities in Chaco and Salta Provinces,including the Toba, Wichi and Mocovi groups, stagedhunger strikes, established roadside camps andsubmitted petitions to the authorities. Their petitionsincluded requests for a reasonable budget for theIndigenous Institute of Chaco, provisions for housingand health and a halt to the irregular sale anddistribution of state-owned land to lumber companiesand soybean producers. b In August members of the Wichi community in theGeneral Mosconi area, Salta Province, established aroadside camp beside National highway No. 34 to callfor the return of communal land. The land had beenexploited by private companies and the local watercompany had cut off the water supply to thecommunities.

Prison conditionsConditions of detention continued to be harsh in mostprisons and detention centres and detainees were ill-treated. Detainees were reportedly seriously injured infires in prisons and police stations, allegedly because oflack of help.b In March, Walter Daniel Lescano died as a result ofburns acquired during a fire in the punishment cellwhere he was held in the men’s prison in Santiago delEstero, Santiago del Estero Province. He hadcomplained of ill-treatment by prison guards. Aninvestigation was reportedly initiated into thecircumstances surrounding the fire.b In January, three detainees – Sergio DanielRomero, 16-year-old Matías Martínez and 17-year-oldRicardo Edgar Pared – died and one, Hugo ArielEscobar, suffered serious burns in a fire at the 7thPolice Station in Corrientes, Corrientes Province. Thefour detainees had been handcuffed to the cell barsafter being beaten by members of the police. Aninvestigation was reportedly initiated.

AI country reports/visitsStatements• Argentina: Possible “disappearance”/Fear for safety

– Jorge Julio López (AI Index: AMR 13/004/2006)• Argentina: Human rights cases endangered by new

wave of threats (AI Index: AMR 13/005/2006)


ARM

ARMENIAREPUBLIC OF ARMENIAHead of state: Robert KocharianHead of government: Andranik MarkarianDeath penalty: abolitionist for all crimesInternational Criminal Court: signed

Conscientious objectors continued to be imprisoned.There were reports of intimidation of independentjournalists. The Ombudsperson was removed fromher post in January by a presidential decree that shealleged was unconstitutional.

Conscientious objectorsArmenia did not release conscientious objectors tomilitary service, in defiance of its obligations andcommitments undertaken when acceding to theCouncil of Europe to respect the right to freedom ofthought, conscience and religion, and despite theintroduction of an alternative civilian service tomilitary service in national legislation in July 2004.Conscientious objectors continued to complain that inboth its legislative framework and implementation,Armenia’s alternative service was under thesupervision and control of the military and so did notconstitute a real civilian alternative to military service.As of November there were reportedly 48 Jehovah’sWitnesses and one Molokan (a member of a Russianreligious minority) in detention for draft evasion.Forty-four of the Jehovah’s Witnesses had been triedand sentenced to terms ranging from 18 to 48 months’imprisonment. The remaining four were charged andawaiting trial.

In January an amendment to the criminal code wasadopted making conscripts who refuse to performalternative service liable to imprisonment. In May, 19men, all Jehovah’s Witnesses, filed an appeal with theEuropean Court of Human Rights to preventretrospective prosecution for their abandonment ofthe alternative service in 2004. Fifteen of the 19applicants had been arrested in August 2005 andsentenced to between two and three and a half years’imprisonment under existing articles of the criminalcode dealing with desertion from military servicerather than refusal to perform alternative service.Although their convictions were later overturned andall were subsequently released, the courts refused toformally acquit the men. The case was dropped inNovember when all 19 were acquitted and all chargesagainst them dropped.b In October a decision of the Court of Appealgranted a prosecutor’s request for a stricter sentence tobe handed down to Jehovah’s Witness Hayk Avetisian.His sentence was increased from 24 to 30 months.

Freedom of expressionHuman rights activists and the Ombudsperson’s Officeexpressed concern over incidents of intimidation and

harassment against independent journalists, includingtwo assaults, death threats and the stoning of personalproperty.b On 6 September, Hovannes Galajian of the Iravunknewspaper was beaten by two unidentified menoutside his home. The attack followed the publicationof a number of articles criticizing prominent officials.b In July the network of independent journalistsHetq Online received threats of reprisals, includingdeath threats, if its journalists continued to publisharticles concerning the illegal acquisition of land forredevelopment.

Ombudsperson removed from officeOmbudsperson Larisa Alaverdian was removed fromher post in January by presidential decree and herduties entrusted to an interim three-membercommission. She alleged that her removal andreplacement were unconstitutional because apresidential prerogative either to dismiss theOmbudsperson or to replace that post by another bodywas not provided for in Armenian law. She and otherhuman rights activists alleged that her removal hadbeen prompted by her criticism of government policiesand practices. A new Ombudsperson was elected by theNational Assembly in February.

Human rights lawyer released on bailLawyer Vahe Grigorian, known for his advocacy workfor families resisting forced eviction for government-led redevelopment programmes in central Yerevan,was released on bail in February. He had been heldsince October 2005 on charges of fraud which healleged were unfounded and politically motivated. Thecharges against him were not dropped and the case wasstill pending at the end of the year.

AI country reports/visitsReports• Europe and Central Asia: Summary of Amnesty

International’s concerns in the region, January-June2006 (AI Index: EUR 01/017/2006)

• Commonwealth of Independent States: Positivetrend on the abolition of the death penalty but moreneeds to be done (AI Index: EUR 04/003/2006)

VisitAI delegates visited Armenia in April.


AUS

AUSTRALIAAUSTRALIAHead of state: Queen Elizabeth II, represented byMichael JefferyHead of government: John HowardDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Violence against women and low rates ofprosecution, and in remote communities a lack ofsupport services for Indigenous women were seriousconcerns. New counter-terrorism measures posed athreat to human rights. Harsh new legislationagainst asylum-seekers was rejected. Hundreds ofrefugees remained in limbo under the TemporaryProtection Visas system.

Indigenous peopleIn May, a report by the Crown Prosecutor for CentralAustralia exposed numerous cases of sexual abuse andviolence against women and children in remoteIndigenous communities. The report revealed a lack ofsupport services available for Indigenous women inremote communities and a lack of appropriate actionby the authorities.

During a visit to Australia in August, the UN SpecialRapporteur on adequate housing expressed concern atpoor housing conditions in Indigenous communities.

In September an inquest found that a police officerwas responsible for the death in custody of MulrunjiDomadgee, an Indigenous man from Palm Island, in 2004.

Violence against womenThe UN Committee on the Elimination ofDiscrimination against Women expressed concernabout the high level of violence against women, andthe low rates of prosecution and convictions in sexualassault cases. The Committee was also concernedabout the continued violence and discriminationfaced by women in Indigenous, refugee and migrantcommunities. There were concerns about the lack ofappropriate action against the trafficking of womeninto Australia.

Human rights and securityJoseph “Jack” Thomas, who was charged with aterrorism-related offence, was subjected to thecountry’s first Control Order, resulting in restrictionson his movement and his freedom to associate andcommunicate with others.

The Attorney General rejected recommendations bythe Security Legislation Review Committee, includingthose to remove from the Attorney General the powerto proscribe organizations as “terrorist” and to makethis a judicial process.

Australian citizen David Hicks entered his fifth yearin detention at Guantánamo Bay. The Australian

government continued to support trial by the USMilitary Commission, which fell below internationalstandards.

Refugees and asylum-seekersForty-three asylum-seekers from the Indonesianprovince of Papua were recognized as refugees afterarriving in Australia by boat in January. Under newlegislation proposed by the government, all asylum-seekers without documentation arriving by sea wouldbe processed in other locations in the Pacific Ocean,and those granted refugee status would be settledoutside Australia. The bill was withdrawn by the PrimeMinister due to lack of support.

In October, an inquiry by the Human Rights and EqualOpportunity Commission found that the Department ofImmigration had not provided adequate care to an Iraqiwoman after she had been held in an all-malecompound in an immigration detention centre.

Approximately 1,100 refugees remained on three-year Temporary Protection Visas. In November the HighCourt ruled that refugees granted these visas were notentitled to further protection if, after three years, theywere unable to prove the continued need forprotection and if the government considered theircountry of origin to be safe.

AI country reports/visitsStatements• Australia: One step forward, two steps back —

Amnesty International calls for an immediate halt toproposed legislation to punish asylum seekers arriving by boat (AI Index: ASA 12/002/2006)

• Australia: “First things first” — Amnesty InternationalSeeks Australia-Indonesia Declaration on Respectfor Human Rights (AI Index: ASA 12/003/2006)

• Australia: Open letter to Prime Minister John Howardcalling for David Hicks to be brought home (AI Index:ASA 12/006/2006)


AUS

AUSTRIAREPUBLIC OF AUSTRIAHead of state: Heinz FischerHead of government: Wolfgang SchüsselDeath penalty: abolitionist for all crimes.International Criminal Court: ratified

Police officers were found guilty of crimes thateffectively amount to torture. Austria does notspecify the crime of torture. New legal provisionsallowing forced feeding of certain groups of peoplecame into force.

Torture and ill-treatmentb In August, four police officers were found guilty ofbeating and threatening Bakary J, a Gambian national,with a mock execution. In April, police officers droveBakary J, whose deportation had been stopped, to anempty warehouse in Vienna where he was handcuffed,kicked, beaten and threatened with a mock execution.The officers later took him to a hospital and told staffthat he had been injured while attempting to escape,and he was eventually returned to a detention centre.Neither the police officers nor medical staff at thehospital reported the events, and criminalinvestigations were not initiated until Bakary J’s wifemade a complaint. According to medicaldocumentation, Bakary J’s skull was fractured inseveral places and he had several bruises.

At the end of August the Higher Criminal Court inVienna ruled that the police officers had inflicted orabetted Bakary J’s injuries. They were given suspendedsentences of eight and six months’ imprisonment fortormenting Bakary J and for neglect, respectively. Thejudge defined the incident as a “lapse”, and as amitigating factor referred to the stressful conditionsunder which deportation occurs. In December thedisciplinary commission of the Vienna Police sentencedthe officers to fines of between one and five months’salary.

Aliens Police Actb At the end of August, Geoffrey A, a Nigeriannational, went on hunger strike while in detentionawaiting deportation. Under provisions in the AliensPolice Act, which came into force in January, he wastransferred to prison, where he was not given anymedical attention. He was released after 41 days onhunger strike in a very weakened state. No one wasnotified of his release, and on his way home hecollapsed and was taken to an intensive care unit of aVienna hospital.

Geoffrey A was detained under provisions of theAliens Police Act. Inherent inconsistencies in the lawmean that, rather then being released on grounds of ill-health – as was formerly the practice – people awaitingdeportation who are on hunger strike can continue tobe kept in detention in order to be force-fed, while, in

recognition of medical ethics, doctors are not legallyobliged to force-feed the detainee. The result inpractice is that hunger strikers can be detained untilthey die or, as in the case of Geoffrey A, after sufferingserious damage to their health, they are releasedwithout effective medical supervision.

AZERBAIJANREPUBLIC OF AZERBAIJANHead of state: Ilham AliyevHead of government: Artur RasizadeDeath penalty: abolitionist for all crimesInternational Criminal Court: not ratified

Rights to freedoms of expression and assembly wererestricted. Police routinely used force to dispersedemonstrations. Opposition journalists wereattacked, imprisoned or fined on criminaldefamation or dubious drugs-related charges.Opposition politicians were denied rights to dueprocess and reportedly in some cases medical careand access to legal counsel of their own choosing. Ajournalist was extradited to Turkey despite being atrisk of torture or other ill-treatment. People internallydisplaced by the conflict in Nagorny Karabakh in1991-94 had restricted opportunities to exercise theireconomic and social rights.

Freedom of expression under attackRights to freedoms of expression and assembly wereroutinely restricted. Police dispersed authorized andunauthorized meetings, reportedly with excessive forceon occasion.b Two serious assaults on opposition journalistsFikret Hüseynli and Baxaddin Xaziyev, attacked inMarch and May respectively by unidentified assailants,were unsolved at the end of 2006.b Two further assaults by unidentified men tookplace in late December. Ali Orucov, press secretary ofthe opposition Azerbaijan National IndependenceParty, suffered bruising and a fractured finger. NicatHüseynov, a journalist with the Azadl¹q newspaper, washospitalized with head and internal injuries and a stabwound after being attacked in the street in broaddaylight.b No progress was made in investigating the murderin 2005 of newspaper editor Elmar Hüseynov, widelybelieved to have been killed because of his criticism ofpolitical corruption.b Criminal defamation proceedings were broughtagainst several individuals and newspapers. Theyresulted in the imprisonment of two journalists, who


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were pardoned and released in October, and a numberof suspended sentences and heavy fines, in one caseleading to the closure of independent newspaperRealny Azerbaydzhan.b Well-known satirist and government critic SakitZahidov of the Azadl¹q newspaper was arrested oncharges of drug-dealing in June. He claimed drugs hadbeen forcibly planted on him after he was abducted andthen arrested by plain clothes policemen. After noevidence of drug-dealing was presented at his trial, thecharge was reduced to use of illegal drugs. However, aurine test at the time of arrest reportedly showed noevidence of drug usage, and doctors called as witnessesadmitted that their diagnosis of Sakit Zahidov as a drugaddict was based on 30 minutes’ visual observationonly. He was sentenced to three years’ imprisonment.His appeal was rejected in December; reportedly nonew evidence or witnesses were presented at thehearing.b On 24 November the Azadl¹q and Bizim Yolnewspapers, the Institute for Reporter Freedom andSafety (a media freedom non-governmentalorganization with close links to Azadl¹q), theindependent journalists’ association Yeni Nesil and theTuran news agency were forcibly removed by policefrom their premises in Baku following a legal ruling theyclaimed was unfounded and politically motivated. Alsoon 24 November the National Radio and TelevisionCouncil decided not to extend the broadcasting licenceof the ANS television company, widely regarded as themost independent in the country. The cessation of ANSbroadcasting further ended the retransmissions on ANSfrequencies of international radio stations such as theBBC, Radio Liberty and the Voice of America. Followinginternational and national appeals, on 12 DecemberANS was reinstated temporarily pending completion ofa tender for its frequencies scheduled for January 2007.

Unfair trial concernsb Three leaders of the Yeni Fikir youth movementarrested in 2005 on charges of plotting a coup d’étatwere imprisoned in July after an unfair trial. At the trial,only witnesses for the prosecution gave evidence andno jury was appointed, in contravention of Azerbaijanilaw. Allegations of torture in the case of one of theaccused, Ruslan Baôirli, were not investigated, andmedical care was reportedly denied to another, SaidNuri.b Opposition party activist Qadir Müsayev wasimprisoned in May for seven years following convictionon charges of drug dealing. Reports suggested thecharges were fabricated because of his refusal to signfraudulent election result protocols when serving as apolling station official.b Former Minister for Economic DevelopmentFarhad Aliyev and his brother Rafiq (no relation toPresident Aliyev), arrested in October 2005 on chargesof plotting to violently overthrow the government,were allegedly denied due process in pre-trialdetention. According to reports, their right to legalcounsel of their choosing was consistently denied fromthe time of their arrest, and Farhad Aliyev was not

allowed access to appropriate medical care. Nohearings have been heard in the brothers’ case, and notrial date set. Their property has been expropriated andfamily members allegedly intimidated.

Risk of tortureOn 13 October, Kurdish journalist Elif Pelit wasextradited to Turkey, where she was detained oncharges of membership of the Kurdish Workers’ Party(PKK). In 1999 she had been granted asylum, andsubsequently citizenship, in Germany. She was firstarrested in Azerbaijan on 4 November 2004, forcrossing the border illegally from Iraq while onassignment for Mesopotamia, a Kurdish news agencylinked to the PKK. Fined and released in March 2005,she was immediately rearrested under Turkey’sextradition order, and her extradition was confirmedby the Supreme Court in October 2005.

Restricted rights for the displacedPeople internally displaced by the conflict in NagornyKarabakh continued to have their freedom ofmovement restricted by a cumbersome internalregistration process linking eligibility for employmentand social services to a fixed place of residence.Although there was progress in moving the displacedout of temporary shelters and providing housing, manynew purpose-built settlements were located in remoteand economically depressed areas. People re-housedin these settlements faced a lack of jobs and access tobasic services such as education and health care.




VisitsAI delegates visited Azerbaijan in April and July.


BAH

BAHAMASCOMMONWEALTH OF THE BAHAMASHead of state: Queen Elizabeth II, represented by ArthurHanna (replaced Paul Adderley in February)Head of government: Perry Gladstone ChristieDeath penalty: retentionistInternational Criminal Court: signed

Death sentences continued to be handed down bythe courts. Asylum-seekers and migrants, themajority of whom were black Haitians, weredeported. Some were reportedly ill-treated. Reportsof abuses by members of the security forces,including excessive use of force, continued.

Death penaltyIn March, the UK-based Judicial Committee of the PrivyCouncil, the highest court of appeal for the Bahamas,abolished the mandatory death sentence for murder.Following this ruling, the Attorney General announcedthat re-sentencing hearings would be held for allinmates currently on death row.

Several new death sentences were issued after thedecision. At least two people were sentenced to deathin 2006 and 26 remained on death row. No executionstook place.

Abuses by the security forcesThere were reports of abuses, including excessive useof force, by members of the security forces.b Neil Brown was reportedly shot dead whilehandcuffed as he was being transported back to Fox HillPrison in January. He had been recaptured following aprison escape in which a prison guard was killed. Aprison officer was subsequently found guilty of hismurder by a coroner’s jury, but the verdict was deferredpending a constitutional review; the officer remainedon duty at the end of the year.b On 27 March, Deron Bethel, aged 20, was fatallyshot three times outside his home by a police officerwho claimed he mistook him for a criminal suspect.Investigations were ongoing at the end of the year.

Asylum-seekers and migrantsImmigrants, the vast majority from Haiti, continued tobe deported in large numbers. Some were reportedlyill-treated. On 8 April, 187 Haitians, includingchildren, on the island of Eleuthera were rounded upand detained. It was later found that 166 of them hadlegal documents and 27 also had permanentresidence.

Corporal punishmentIn October Alutus Newbold was sentenced to 16 years’imprisonment and eight strokes of the rod for an attackon an 83-year-old woman in her home in 2004. Theruling sparked a debate about the continued use ofcorporal punishment.

AI country reports/visitsReports• Bahamas: Privy Council abolishes mandatory death

sentence (AI Index: AMR 14/001/2006)• Bahamas: Flogging — Alutus Newbold (AI Index: AMR

14/005/2006)

BAHRAINKINGDOM OF BAHRAINHead of state: King Hamad bin ‘Issa Al KhalifaHead of government: Shaikh Khalifa bin Salman AlKhalifaDeath penalty: retentionistInternational Criminal Court: signed

The authorities imposed restrictions on freedom ofexpression. A group of detainees complained ofphysical abuse during their detention. The Kingratified a law imposing the death penalty. Threepeople were executed for murder.

BackgroundIn September Bahrain acceded to the InternationalCovenant on Civil and Political Rights. Elections to anew 40-seat House of Representatives took place inNovember. Although political parties were officiallybanned in Bahrain, the al-Wefaq National IslamicSociety, the main Shi’a Muslim opposition which hadboycotted the previous parliamentary elections in2002, won 17 seats, and two Sunni Muslim groups, theal-Menbar National Islamic Society and the al-AsalaIslamic Society, won a total of 12 seats. Pro-governmentcandidates won 10 seats. Latifa al-Ga’ood was the onlyone of 18 women candidates to be elected.

Guantánamo Bay detaineesA Bahraini national, Salah al-Balooshi, who had beendetained by the US authorities at Guantánamo Bay,Cuba, was returned to Bahrain in October and released.Two other Bahraini nationals, ‘Issa ‘Abdullah al-Murbati and Juma’a Mohammed al-Dossari, continuedto be held at Guantánamo Bay throughout 2006.

New counter-terrorism lawIn August the King, Shaikh Hamad bin ‘Issa Al Khalifa,ratified a new counter-terrorism law which had beenapproved by both the elected House of Representativesand the appointed Shura (Consultative) Council in July.The new law extended the use of the death penalty andprior to its introduction was criticized by both the UN


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Committee against Torture and the Special Rapporteuron the promotion and protection of human rights whilecountering terrorism, who expressed concern that itcould be used to penalize the peaceful exercise ofhuman rights.

Freedom of expression and associationIn July the House of Representatives approvedamendments to Decree no. 18 of 1973 on PublicMeetings, Processions and Gatherings, and referred itto the Shura Council. Certain provisions of the decree,as well as some of the proposed amendments, imposedserious restrictions on the rights to freedom ofexpression and of assembly. For example, thedefinition of “public gathering” was very broad, andeven meetings held in private and involving a smallnumber of people were subject to prior officialnotification. Article 10(a) prohibited political rallies andmeetings for non-citizens, while Article 10(b) banneddemonstrations for election purposes. The King ratifiedthe new law in July after its approval by the ShuraCouncil.

In October the High Criminal Court ordered a ban onthe publishing of any information relating to a reportissued in September by Salah al-Bandar, a UK nationaland adviser to the Bahraini government. The reportalleged that officials had planned to manipulate theoutcome of the November parliamentary elections atthe expense of the majority Shi’a Muslim population.He was deported to the UK the same month and latercharged with “illegally seizing government documentsand stealing two cheques”. He denied the charges.

In October the Minister of Information issued anorder banning seven internet websites on the basis ofArticles 19 and 20 of the Press and Publications Law of2002. The reasons for the ban were not clear but werebelieved to be connected with the report published bySalah al-Bandar. A number of other websites were alsobanned during the year.

Human rights activistsDuring the year several human rights activists werereportedly subjected to harassment in the form ofanonymous threatening telephone calls telling them tocease their human rights activities. For example,human rights activists received calls warning them tostop referring to Salah al-Bandar’s report in their work.

Abuses of detaineesb In August, 19 detainees, most of whom were beingheld at the Dry-Dock prison on the Island of Muharraq,were beaten by riot police after a court session,apparently after they announced their intention to goon a hunger strike. They were protesting against theirdetention without bail and repeated postponements ofthe court sessions. The 19 detainees were arrestedallegedly for holding an illegal gathering andsabotaging property in the town of Sanabis. After theyappeared before the High Criminal Court, they werereportedly taken outside the prison grounds, theirhands tied behind their backs, and forced to lie face-down in the heat of the sun for more than two hours,

during which time they were allegedly beaten withsticks and kicked. The men were released in Septemberafter a pardon from the King. However, no investigationinto their alleged ill-treatment was known to have beencarried out.

Death penaltyIn November the King ratified the death sentencesagainst three people. Mohammad Hanif AttaMohammad, a Pakistani national, had been found guiltyof the murder in August 2003 of Ibrahim al-Asmawi, aBahraini national. He was sentenced to death by theHigh Criminal Court and the sentence was upheld onappeal. In a separate case two Bangladeshi nationals,Jasmine Anwar Hussain, a female domestic worker, andMohammad Hilaluddin, were sentenced to death inNovember 2004. Their death sentences were upheld onappeal in December 2005. All three were executed byfiring squad in December 2006. These were the firstexecutions to be carried out in Bahrain since 1996.

BANGLADESHPEOPLE’S REPUBLIC OF BANGLADESHHead of state: Iajuddin AhmedHead of government: Iajuddin Ahmed (replaced BegumKhaleda Zia in October)Death penalty: retentionistInternational Criminal Court: signed

Human rights abuses by gangs linked to politicalparties continued in the context of widespreadpolitical violence. Police used excessive force againstprotesters seeking improved economic conditions,and against opposition rallies. Mass arbitrary arrestsof political activists took place. Scores of people werekilled in bomb attacks or in violent clashes betweenthe opposition and ruling party supporters. Womencontinued to face violence, including acid attacks.Death sentences were handed down and oneexecution was carried out.

BackgroundEscalating tension between the ruling coalition partiesand the opposition alliance led to several violentclashes leaving scores of people dead and hundredsmore injured.

In waves of mass protests, opposition parties led bythe Awami League called for the resignation of the ChiefElection Commissioner, claiming that he was asupporter of the ruling Bangladesh Nationalist Party.


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They objected to the composition of the ElectionCommission and declared the compilation of the voterslist to be biased and flawed.

The government relinquished office in late Octoberas scheduled. Following mass violent clashes betweenthe outgoing ruling party members and theiropposition, the designated Chief Adviser for thecaretaker government turned down the post. PresidentIajuddin Ahmed appointed himself as the Chief Adviseramid unresolved controversy that his decision was inbreach of the Constitution.

There were waves of strikes and massdemonstrations by garment factory workers, farmersand primary school teachers seeking improvedeconomic conditions.

Cycle of violence and abusesBomb blasts occurred but apparently on a much lowerscale than in previous years. Targets were mainlyopposition party members and court premises.b On 31 October, a bomb attack took place in Rajshahiaimed at several opposition parties, including GonoForum. They claimed it was carried out by theBangladesh Islamichatra Shibir cadres, the youth wing ofthe Jamaat-e-Islami party. On 15 November, eight peoplewere reportedly wounded when a series of small bombsexploded near the offices of the Awami League. No onewas known to have been brought to justice.

By the end of the year no one had been brought tojustice for the August 2004 grenade attacks against theAwami League leader Sheikh Hasina.Electoral violenceScores of people died in clashes between the ruling andopposition parties in the run-up to the generalelections. No one was known to have been brought tojustice.b According to the human rights group Odhikar, atleast 50 people were killed and more than 250 injuredbetween 27 October and 5 November in violence thaterupted between the two main parties over oppositiondemands which included the resignation of the ChiefElection Commissioner.

Police brutalityPolice repeatedly attacked opposition rallies, targetedleading activists and subjected them to severe beatings.b Senior Awami League leader Saber HossainChowdhury suffered head injuries when he wasseverely beaten on 6 September by more than 12 policeofficers.b Asaduzzaman Noor, an opposition member ofparliament, was beaten by police on 12 September andtaken to hospital with severe back injuries. None of thepolice officers involved was brought to justice.

Police continued to use excessive force including liveammunition against demonstrators, causing dozens ofdeaths and injuries to hundreds more.b At least 17 people were killed in protests relating toelectricity shortages in the northern town of Kansat inApril after police fired live ammunition, rubber bulletsand tear gas to dispel the crowds. No independentinvestigation was initiated into the killings.

b At least five people were killed and more than 100injured in Phulbari on 26 August when police and theparamilitary force Bangladesh Rifles (BDR) fired liveammunition into a crowd protesting against theestablishment of an open-pit coalmine by the Britishfirm Asia Energy Corporation. The governmenteventually agreed to some of their demands, givingassurances that no one would be forcibly evicted orlose their livelihoods because of the mine.

Mass arbitrary arrestsThousands of people were arrested ahead of plannedrallies by opposition parties, and thousands more weredetained on suspicion of involvement in criminalactivity. The families of detainees were not informed oftheir arrest and were forced to search for them in policestations. Many were held without charge or trial forweeks while others were released on bail after a fewdays.

Violence against womenReports of women beaten to death or strangled for notmeeting their husbands’ dowry demands continued.Women were subjected to acid attacks. Domesticworkers were ill-treated or killed if they failed to workexcessive hours.b According to reports compiled by the BangladeshInstitute of Labour Studies, at least 169 female domesticworkers were killed between 2000 and 2005 in Dhakaalone. Another 122 were critically injured and 52 wereraped. A significant proportion of the victims werereportedly children.

Death penaltyAt least 130 people were sentenced to death and oneman was executed.

AI country reports/visitsReports• Bangladesh: Briefing to political parties for a human

rights agenda (AI Index: ASA 13/012/2006)• Bangladesh: Handover to caretaker government

marked by violence (AI Index: ASA 13/014/2006)


BEL

BELARUSREPUBLIC OF BELARUSHead of state: Alyaksandr LukashenkaHead of government: Sergei SidorskyDeath penalty: retentionistInternational Criminal Court: not ratified

The clampdown on civil society continued. Thenumber of convictions of civil society activistsincreased as legal changes limiting freedom ofassociation introduced at the end of 2005 came intoeffect. Opposition activists were subjected toharassment and arbitrarily detained. Massdetentions of peaceful demonstrators took placeafter presidential elections in March. Thegovernment did not adequately protect womenagainst violence in the home. Use of the deathpenalty continued. No progress was made ininvestigations into four cases of enforceddisappearance.

BackgroundViolations of the rights to freedom of expression andassembly were repeatedly condemned by theinternational community. The Election ObservationMission of the Organization for Security and Co-operation in Europe criticized the conduct of thepresidential elections on 19 March. It found that“arbitrary use of state power and widespreaddetentions showed a disregard for the basic rights offreedom of assembly, association and expression”. Inconclusions passed on 10 April, the Council of theEuropean Union (EU) criticized the elections andcondemned the violence used by the Belarusianauthorities against demonstrators and the arrests ofdemonstrators and members of the opposition. The EUinstituted restrictive measures against 31 officialsresponsible for violations of international electoralstandards and for the crackdown on civil society anddemocratic opposition. The list of officials againstwhom such restrictive measures would be applied wasadded to subsequently. On 18 May the EU froze theassets of President Lukashenka and 35 other officials.

Clampdown on freedom of associationNon-governmental organizations continued to facestringent controls and checks on their activities. Anumber of civil society activists were detained orcharged under Article 193 of the Criminal Code whichwas amended in November 2005 to include a prisonsentence of up to three years for “organizing andrunning an unregistered organization that infringes therights of citizens”.b Four members of the non-governmentalorganization Initiative Partnership, which was planningto monitor the presidential elections, were arrested attheir offices on 21 February by officers from theCommittee for State Security (KGB). The KGB initially

claimed that Mikalay Astreyka, Enira Branizkaya,Alyaksandr Shalayka, and Tsimafey Dranchuk wereorganizing fraudulent exit polls and planning a violentuprising. In August the four were convicted of“organizing and running an unregistered organizationthat infringes the rights of citizens”. Mikalay Astreykawas sentenced to two years’ imprisonment, TsimafeyDranchuk to one year, and Enira Branizkaya andAlyaksandr Shalayka to six months each. All four werereleased before the end of 2006.b At the end of December 2005 the SupremeEconomic Court renewed its investigation into allegedtax evasion by the Belarusian Helsinki Committee, theonly remaining national human rights organizationstill operating in the country. On 1 March, TatianaProtko, the chair, was accused of not paying tax on agrant provided by an EU programme. A 1994memorandum, agreed by the Belarusian authoritiesand the EU, granted tax exemption for thisprogramme. Two court decisions in 2004 hadconfirmed that the organization’s activities werelawful. As a result of the renewed investigation, theorganization faced a potential fine of US$70,000 fortax evasion, and possible closure. On 23 June, theMinistry of Justice lodged a separate claim with theSupreme Court for the closure of the organization onthe grounds that it had violated tax laws. This casewas continuing at the end of the year. On 1 Novemberthe Belarusian Economic Court decided to confiscateproperty worth US$118,300 towards payment of thetax that it ruled was owing. The property was removedon 5 December. On 19 December the propertydepartment of the presidential administrationinformed the organization that they must vacate theiroffice premises by 20 January 2007. Without a legallyregistered address the organization would cease to belegal.

Detentions of peaceful demonstratorsLarge numbers of peaceful demonstrators weredetained and beaten by riot police and anti-terroristforces during demonstrations following the Marchelections. According to the human rights group Vyasna,a total of 686 people were detained during the period19-25 March. Most of those detained were charged withadministrative offences, such as participation inunsanctioned meetings or hooliganism, which carrysentences of 10 to 15 days’ detention.b On 27 April, five leading members of the Belarusianopposition were tried and convicted under Article 167of the Administrative Code, of “organizing anunsanctioned meeting”. The charges related to apeaceful march to commemorate the 20th anniversaryof the Chernobyl nuclear disaster on 26 April. Themarchers had received permission to march toBangalore Square in Minsk where speeches were totake place. However, Alyaksandr Milinkevichreportedly addressed the crowd before the marchbegan. He and two others — Vintsuk Vyachorka andAlyaksandr Bukhvostov — were sentenced to 15 days’imprisonment. Zmitser Dashkevich and Sergei Kalyakinwere sentenced to 14 days.


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Harassment of opposition activistsOpposition activists were harassed and intimidated andincreasingly sentenced for criminal offences in anattempt to discredit them.b On 10 May, Artur Finkevich, a member of theMalady Front youth political movement, was sentencedto two years’ corrective labour by the court ofPershamajski district for writing political graffiti. ArturFinkevich was charged under Article 339, Part 2 of theCriminal Code with “malicious hooliganism”. In thepast, youth opposition activists were sentenced underthe Administrative Code to short-term sentences forgraffiti writing. There was concern that the authoritiesmay have used the Criminal Code for political reasonsto deter other activists.

Prisoners of conscienceEleven prisoners of conscience were held during the year.b On 13 July, Alyaksandr Kazulin, presidentialcandidate in the March elections, was sentenced to fiveand a half years’ imprisonment for “hooliganism” and“organizing group activities that breach public order oractively participating in similar activities”. There wasconcern that these charges were part of an ongoing,systematic campaign of harassment, intimidation andobstruction by the Belarusian authorities againstAlyaksandr Kazulin.b In April Mikhail Marinich, a prominent oppositionactivist and presidential candidate in 2001, wasreleased early for health reasons. He had beenconvicted in December 2004 of fabricated charges of“embezzlement by means of abuse of his officialposition executed on a large scale” and sentenced tofive years’ imprisonment later reduced to three and a half.b Valerii Levonevskii was released on 15 May, havingserved the full two years of his sentence. ValeriiLevonevskii and Alexander Vasiliev, the president andvice-president respectively of the national strikecommittee of market traders, had been sentenced totwo years in prison in September 2004 for publiclyinsulting President Lukashenka in a satirical leaflet.Alexander Vasiliev had been released from prison on 7 July 2005 under an amnesty announced by thePresident to commemorate the end of the SecondWorld War.

Violence against womenDespite some progress, measures to protect womenfrom violence in the family remained inadequate.There was a lack of mandatory government trainingprogrammes for police, judges and medical staff. Keyagencies such as law enforcement officers and thecourts failed to record cases of domestic violence in asystematic manner.

There were no accurate statistics on the numbers ofvictims of domestic violence, but in 2005, 166 peoplewere murdered in the home, and 2,736 women werevictims of crimes in the home. The lack of publicawareness and support meant many women wereunable to escape violent situations.

Death penaltyAccording to press reports nine death sentences werepassed during 2006. There was no official informationon the number of executions carried out and deathsentences imposed.

UpdateNo progress was made in establishing the fate of fourpeople who may have been the victims of enforceddisappearance in 1999 and 2000 and who were widelybelieved to have been killed by state agents.




• Belarus: Domestic Violence – more than a privatescandal (AI Index: EUR 49/014/2006)

VisitAI delegates visited Belarus in February.

BELGIUMKINGDOM OF BELGIUMHead of state: King Albert IIHead of government: Guy VerhofstadtDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Poor conditions in immigration centres and police ill-treatment of migrants and asylum-seekerscontinued. Migrant minors were held in closeddetention centres for illegal immigrants and failedasylum-seekers. Irregular migrants occupied publicbuildings and went on hunger strike to supportdemands for legislative reforms. The murder of awoman and child in Antwerp and other incidentsreflected the persistence of racist violence.Overcrowding and sub-standard prison conditionsprompted strikes by staff. New evidence indicatedthat secret US flights may have landed on Belgianterritory. Belgium became the first country to bancluster bombs.

Asylum and immigrationNew asylum laws in July required new asylum petitions,including appeals, to be processed within 12 months.The asylum procedure was reformed to grant subsidiary


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protection for those not covered by the 1951 UN RefugeeConvention but who risk serious rights violations if theyreturn to their country of origin. However, the newlegislation did not address the situation of irregularmigrants. The number of asylum applicationscontinued to decline.

Throughout 2006 a number of churches and publicbuildings were occupied by irregular migrants andfailed asylum-seekers demanding regularization oftheir situation, an end to expulsions and the shuttingdown of closed detention centres. The governmentregularized the status of many of the migrants whooccupied the church of Saint Boniface in Brussels inFebruary and March. In May, there were hunger strikesin four asylum reception centres.

Migrant children continued to be detained in closeddetention centres in violation of international law.Police ill-treatmentPolice officers allegedly ill-treated individuals beingforcibly deported.b On 1 August a third attempt was made to expelHawa Diallo, a failed asylum-seeker from the Republicof Guinea, but was aborted after passengersdisembarked in protest at her treatment. The eveningbefore, she had been separated from her 19-month-oldbaby until the time of the flight. The five police officersaccompanying her were reported to have assaulted andracially insulted her. Following the failed deportation,she was freed under orders to leave Belgium within fivedays. From hiding, she lodged a complaint of ill-treatment with the Permanent Commission for Controlof Police Services.b In a landmark ruling on 12 October the EuropeanCourt of Human Rights found that Belgium was inviolation of the prohibition of inhuman treatment andright to respect of private and family life guaranteedunder the European Convention on Human Rights. In2002 an unaccompanied five-year-old asylum-seekerhad been detained and subsequently deportedunaccompanied back to the Democratic Republic of theCongo, her country of origin, where there was no familymember to meet her.

Racism and discriminationUnder a March directive, the police started to recordcrimes motivated by racism. The Centre for EqualOpportunities said it received 1,000 complaints ofracism a year, noting that many attacks were neverreported.b In April, Daniel Féret, president of the NationalFront party, was convicted of inciting racial hatred andsentenced to 10 years’ exclusion from political officeand 250 hours of community service. He had distributedelection materials likening immigrants to criminals,savages and terrorists. The National Front’s websitemanager was also convicted and fined. The court didnot order dissolution of the party for lack of evidencelinking it to the offending texts. The Court of Appealconfirmed the conviction in October.b On 11 May an 18-year-old resident of Antwerp shotand killed a pregnant black woman and the white childin her care, and seriously wounded a Turkish woman.

He openly stated that he had targeted foreigners.Preliminary investigations were concluding at the endof 2006, but the trial date had not yet been fixed.

‘War on terror’In March press reports alleged there had been at leasttwo secret flights by the US Central Intelligence Agency(CIA) that landed briefly at Deurne airport in Antwerpin July 2002. It was not known whether the planes weretransporting detainees. An investigation by theEuropean Parliament found that, of 1,080 stopovers bysuspected CIA flights in Europe, four concernedBelgium. A Belgian Senate committee in July foundthere was insufficient supervision of operations byforeign intelligence services on Belgian territory,making it impossible to ascertain the destination andpurpose of such flights.

Prison conditionsPrisoner numbers reached a new high. One third ofprisoners were on remand. Specialized centres forminors were overcrowded, and juvenile offenders weresometimes held in mainstream prisons. A law on youthassistance passed in May included plans to construct aspecial prison for 200 juvenile offenders.

In April the European Committee for the Preventionof Torture reported allegations of ill-treatment inpolice custody. The Committee condemnedovercrowding at the psychiatric unit in Namur prison,cage-like cells at the law courts in Liège, and poorconditions for people refused admission to the countryat the detention centre at Brussels airport.

In April there was a strike at Forest prison inBrussels. The GCPS (public services trade union)attacked prison overcrowding, poor conditions,buildings it considered breached health, hygiene andsafety requirements, and the “wholly insufficient” six-week basic training for staff. In August staff at theprison in Termonde went on strike in protest atovercrowding and understaffing following the escapeof 28 prisoners. In September they renewed strikeaction, claiming that promised improvements had notmaterialized.

Arms controlBelgium became the first country to ban cluster bombswhen Parliament adopted a law banning theirproduction, stockpiling, transportation and trade on 8June. In 1995, Belgium was the first country to prohibitanti-personnel landmines.

AI country reports/visitsReport• Europe and Central Asia: Summary of Amnesty

International concerns in the region, January-June2006 (AI Index: EUR 01/017/2006)


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BOLIVIAREPUBLIC OF BOLIVIAHead of state and government: Evo Morales Ayma(replaced Eduardo Rodríguez Veltzé in January)Death penalty: abolitionist for ordinary crimesInternational Criminal Court: ratified

Peasants were killed during a joint security forceoperation to eradicate coca crops. There weredemonstrations calling for the right to land. Deathswere reported during violent clashes betweenminers. Prison conditions were poor.

BackgroundPresident-elect Evo Morales Ayma, the leader of theMovement to Socialism party (Movimiento alSocialismo, MAS), took office in January. A NationalDevelopment Plan to improve access to fundamentalrights such as health, education and justice and to enddiscrimination was announced. However, noinformation was forthcoming on its implementation.

A programme of reforms was initiated, including theformation of the Constituent Assembly which wasinaugurated in August to rewrite the Constitution. Adecree was passed in May to nationalize oil and gas andrenegotiate contracts with foreign investors andcompanies, to raise taxes and to set terms for theacquisition of shares by the State. A programme of landreform was launched in June which included thedistribution of state-owned land to peasants andIndigenous people.

In November, following demonstrations byIndigenous groups calling for further reforms, a law foragrarian reform was passed by Congress and signed bythe President. Under the new law, unproductive privateland could be expropriated by the government forredistribution to peasants. This reform was opposed bylandowners in the Departments of Santa Cruz, Beni andPando which, along with the Department of Tarija,sought autonomy during the year.

In December, civilian groups, members of Indigenousnon-governmental organizations, political groups,journalists and community leaders, clashed in SantaCruz Department in the context of the localconsultation for regional autonomy. Premises of theMAS and offices of Indigenous community centres wereset on fire, and members of Indigenous groups had theirhouses ransacked. Investigative journalists wereattacked in the streets of Santa Cruz city and radiostations were forced to stop transmission due toharassment.

Bolivia ratified the Optional Protocol to the UNConvention against Torture in May, the AdditionalProtocol to the American Convention on Human Rightsin the Area of Economic, Social, and Cultural Rights,known as the “Protocol of San Salvador” in July, and theInter-American Convention to Prevent and PunishTorture in November.

ChildrenIn July a study by the UN Development Programme andUNICEF reported that over 230 babies in Bolivia diedper day through lack of proper care, six out of 10children and minors lacked basic needs and five out of10 lived below the poverty line. The report called onBolivia to recognize the role played by children in thecountry’s development and to implement health,education and other programmes to tackle the lack ofprotection for children and to defend their rights.

Eradication of coca leaf cropsIn September two peasants were killed and onewounded during the eradication of coca leaf cropsaround the Carrasco National Park in the region ofYungas de Vandiola, Department of Cochabamba, by apatrol of the Joint Task Forces made up of members ofthe police and army.

Miners conflictIn October, at least nine miners were killed and dozensinjured in clashes between state-employed miners andmembers of an independent co-operative in the miningtown of Huanuni, La Paz Department. The confrontation,in which dynamite and firearms were allegedly used, wassparked by a dispute over the access rights to workingareas in the tin mine. An investigation was launched.

Prison conditionsThere were reports of poor prison conditions. InPalmasola prison in the city of Santa Cruz, five inmateswere killed in April, allegedly as a result of a fightbetween rival gangs of prisoners who were attemptingto impose their rule inside the prison.

In November, inmates in 19 prisons around thecountry started a hunger strike demanding prompttrials and better prison conditions.

ImpunityIn December, the Attorney General’s Office chargedformer President Gonzalo Sánchez de Lozada and twoformer ministers with the killing of at least 60 peopleduring demonstrations in October 2003. The authoritieswere seeking Gonzalo Sánchez de Lozada’s extraditionfrom the USA to try him for the killings.

Intergovernmental organizationsIn November, after a visit to Bolivia, the Inter-AmericanCommission on Human Rights highlighted the lack ofaccess to justice, particularly in rural areas, and the lackof co-operation by the security and armed forces inproviding relevant information to the judicial authorities.It expressed concern about poor conditions and the highlevel of overcrowding in prisons and the fact that over 70 per cent of prisoners had not been sentenced. It alsonoted that minors were held with adult prisoners.

AI country reports/visitsStatement• Bolivia: Open letter to the President of the Republic

of Bolivia, Evo Morales Ayma (AI Index: AMR18/001/2006)


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BOSNIA ANDHERZEGOVINABOSNIA AND HERZEGOVINAHead of state: rotating presidency – Ûeljko Kom®i»,Neboj®a Radmanovi», Haris Silajdûi»Head of government: Adnan Terzi»President of the Federation of Bosnia andHerzegovina: Niko Lozan½i»President of the Republika Srpska: Milan Jeli» (replacedDragan ¼avi» in November)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

Many perpetrators of war crimes and crimes againsthumanity during the 1992-95 war continued toevade justice, and thousands of enforceddisappearances remained unresolved. Lack of full co-operation with the International Criminal Tribunalfor the former Yugoslavia (Tribunal) by the RepublikaSrpska (RS) was an obstacle to justice. Progress wasmade in the domestic prosecution of war crimes,including in proceedings at the War Crimes Chamberin Sarajevo, although efforts to bring perpetrators tojustice were insufficient. Minorities faceddiscrimination, including in employment and inaccess to education. Approximately 3,600 refugeesand internally displaced people had returned to theirhomes by October.

BackgroundBosnia and Herzegovina (BiH) remained divided in twosemi-autonomous entities, the RS and the Federation ofBosnia and Herzegovina (FBiH), with a special statusgranted to the Br½ko District.

The international community continued to exertsignificant influence over the country’s politicalprocess, in particular through a High Representativewith executive powers nominated by the PeaceImplementation Council (PIC), an intergovernmentalbody monitoring the implementation of the DaytonPeace Agreement. In June the PIC began preparing theclosure in June 2007 of the Office of the HighRepresentative (OHR). The engagement of theinternational community was expected to continuethrough a strengthened European Union (EU) SpecialRepresentative. Approximately 6,000 troops of theEU-led peacekeeping force EUFOR remained. EUFOR’smandate was extended by the UN Security Council inNovember for a further year.

General elections in October, the first to be fullyadministered by local authorities, showed that theelectorate remained divided along ethnic lines.Widespread nationalist rhetoric included calls for a referendum on independence for the RS. A new government had not been formed by the end of 2006.

International prosecutions for war crimesThe Tribunal continued to try alleged perpetrators ofserious violations of international humanitarian law.Former Serbian President Slobodan Milo®evi» died atthe Tribunal Detention Unit following a heart attack on11 March. He had been on trial before the Tribunal forwar crimes and crimes against humanity in BiH, Croatiaand Kosovo, and for genocide in BiH.b In March, Enver Hadûihasanovi» and Amir Kubura,former Army of Bosnia and Herzegovina (ABiH)commanders, were sentenced to five and two and a halfyears’ imprisonment, respectively. They wereconvicted of failing to prevent or punish crimes againstnon-Bosniaks by volunteer foreign fighters, EnverHadûihasanovi» for crimes including murder and crueltreatment, and Amir Kubura for the plunder of villages.b In May, Ivica Raji», a former commander of theCroatian Defence Council (HVO), the Bosnian Croatarmed forces, was sentenced to 12 years’ imprisonmentfor his involvement in the attack on the village of StupniDo. The Tribunal found that forces under his commandwilfully killed at least 37 people. He had admittedcharges of wilful killing, inhuman treatment,appropriation of property, and extensive, unlawful andwanton destruction not justified by military necessity.b In June, Dragan Zelenovi», former sub-commanderof the RS military police and paramilitary leader inFo½a, was transferred to the Tribunal’s custody. He hadbeen arrested in the Russian Federation in 2005. Hefaced charges of torture and rape as war crimes andcrimes against humanity against the non-Serbpopulation in Fo½a, for allegedly raping, sexuallyassaulting and participating in the gang rape ofdetained women.b Also in June Naser Ori», former commander of theSrebrenica Armed Forces Staff, was convicted of failingto prevent murders and the cruel treatment of BosnianSerb prisoners in 1992 and 1993. He was sentenced totwo years’ imprisonment.b In September, Mom½ilo Kraji®nik, who held high-ranking positions in the Bosnian Serb leadershipbetween 1991 and 1995, was sentenced to 27 years’imprisonment for the persecution, extermination,murder, deportation and forced transfer of non-Serbs.He was acquitted of genocide and complicity ingenocide charges.

Co-operation between the RS and the Tribunalremained inadequate and no progress was made by theRS in locating former Bosnian Serb leader RadovanKaradûi», indicted by the Tribunal on charges includinggenocide and still at large. In December, in her addressto the UN Security Council, the Tribunal Prosecutornoted that central institutions were not workingefficiently and that the RS authorities, despite somerecent improvements, had not shown a robustwillingness to arrest Radovan Karadûi» and StojanÛupljanin, the fugitives most likely to be in BiH.

Under a “completion strategy” laid down by the UNSecurity Council, the Tribunal was expected toconclude all cases in 2010. As a result of the tightdeadlines imposed by the strategy, the Tribunalcontinued to refer cases involving lower level


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perpetrators to national jurisdictions in the formerYugoslavia. In 2006 cases involving seven suspectswere transferred to BiH.

Domestic prosecutions for war crimesThe War Crimes Chamber within the BiH State Court, setup to try particularly sensitive cases or cases referredby the Tribunal, issued its first convictions.b In April, former member of Bosnian Serb forcesNeðo Samardûi» was convicted of unlawfulimprisonment, rape, and aiding and abetting sexualslavery of non-Serb victims in the Fo½a area. He wassentenced to 13 years and four months’ imprisonment.In September the verdict was quashed and a re-trialbefore an appellate panel in December raised theprison sentence to 24 years.b In May, Dragoje Paunovi», a former localcommander of Bosnian Serb forces, was sentenced to20 years’ imprisonment for crimes against humanity in1992. He was convicted of persecuting Bosniak civilians,for his command and individual responsibility forkillings and other inhuman acts. The verdict wasconfirmed on appeal in November.b In July former RS police officer Boban ©im®i» wasconvicted of assisting members of the Bosnian SerbArmy (VRS) in enforced disappearances and rapes ofnon-Serbs in 1992. He was sentenced to five years’imprisonment.b Marko Samardûija, a former VRS commander, wasconvicted of crimes against humanity, including for hisrole in the killing of at least 144 Bosniak detained men,and sentenced to 26 years’ imprisonment inNovember.b Also in November, the War Crimes Chamberrendered its first judgement in a case transferred by theTribunal. Radovan Stankovi» was convicted of crimesagainst humanity against the non-Serb population inthe Fo½a area. A former VRS member, he was found tohave participated in the rape of women detained byBosnian Serb forces and sentenced to 16 years’imprisonment.b In December, Nikola Andrun, a former HVOmember, was sentenced to 13 years’ imprisonment forwar crimes committed in his capacity as DeputyCommander of the Gabela detention camp, includingthe torture and intimidation of non-Croat detainees.

Some war crimes trials of low-level perpetratorswere also held in local courts, including in the RS, whichcontinued to have difficulties in dealing with thesecases because of a lack of staff and effective witnessprotection programmes.

Enforced disappearances unresolvedAccording to estimates of the InternationalCommission on Missing Persons (ICMP), approximately13,000 people who went missing during the war werestill unaccounted for. Many of them were victims ofenforced disappearances, whose perpetrators enjoyedimpunity.

Progress was slow in transferring competencies fromthe missing persons commissions of the FBiH and RS tothe national Missing Persons Institute. The Institute’s

directors were appointed in March, and Steering andSupervisory Board members in December.

Approximately 2,500 sets of human remains wereexhumed from various locations in BiH.b In August the exhumation of a mass grave inKamenica, near Zvornik, uncovered 1,009 incompleteand 144 complete skeletons. The site is believed tocontain the remains of victims killed by Bosnian Serbforces in Srebrenica in 1995, and was reportedly thebiggest mass grave excavated since the end of the war.b In January the OHR ordered the RS authorities toimplement a 2001 decision by the BiH Human RightsChamber to form a commission to investigate theenforced disappearance of Avdo Pali». The ABiH war-time commander in the UN “safe haven” of Ûepa, AvdoPali» was last seen negotiating the surrender of Ûepato the VRS in 1995 and was later reportedly detainedby Bosnian Serb forces. His fate and whereaboutshave remained unknown. A Commission wasappointed, and in April presented a report to the OHR,claiming to contain information on the location of hisremains. However, this information provedinsufficient for an exhumation and no progress wasmade in the case. The Commission was reportedlyreactivated in December.

Right to returnOf an estimated 2.2 million people displaced duringthe conflict, more than a million refugees andinternally displaced persons (IDPs) were estimated tohave returned to their homes. Progress on returnswas limited. UNHCR, the UN refugee agency,registered approximately 3,600 returns betweenJanuary and October. Of these, some 3,000 returnedto areas where they were part of a minoritycommunity.

Violence towards and harassment of returnees andmembers of minorities by private individuals werereported.b In February, a Bosnian Croat 78-year-old returneewas beaten to death in Bugojno. Three men wereconvicted of the murder.b In May an elderly returnee was murdered in herhome on the outskirts of Sanski Most. A suspect wasreportedly arrested by local police.

The lack of jobs was a major obstacle to sustainablereturns. Generally scarce employment opportunitiesreflected the weak economy and difficulties oftransition and post-war reconstruction. In addition,returnees faced discrimination on ethnic grounds.

‘War on terror’Six men of Algerian origin, unlawfully transferred in2002 by the FBiH authorities to US custody, remainedin detention in Guantánamo Bay, Cuba. In April,following a complaint by the wife of one of thedetainees, Hadj Boudellaa, the Human RightsCommission within the BiH Constitutional Courtconcluded that the BiH authorities had failed toimplement a 2002 decision of the BiH Human RightsChamber in the case. They had failed to use diplomaticchannels to protect the rights of the detainee, provide


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him with consular support, and take all necessarysteps to ensure he would not be subjected to the deathpenalty, including by asking the US government forguarantees to that effect.

In June, the Rapporteur appointed by the Committeeon Legal Affairs and Human Rights of the ParliamentaryAssembly of the Council of Europe to investigatealleged secret detentions and unlawful inter-statetransfers of detainees, reported that the six men were“a well documented example of the abduction ofEuropean citizens and residents by the Americanauthorities with the active collusion of the authoritiesof a Council of Europe member state”. The report calledfor a credible diplomatic intervention by the BiHauthorities with the US government to secure the rapidrepatriation of the detainees.

Accountability of peacekeepersIn January, Italian members of EUFOR, during anoperation to arrest war crimes suspect DragomirAbazovi», shot dead his wife, and seriously woundedhim and their 11-year-old son. Reportedly, a EUFORinternal investigation found the troops had acted inself-defence and cleared them of any wrongdoing. Aninvestigation by the East Sarajevo District Prosecutorreportedly found indications that the EUFOR troopsfired first. The outcomes of both investigations wereforwarded to the competent Prosecutor in Italy.

Exclusion from educationPrimary school attendance rates for Romani childrenwere low, and extreme poverty remained one of themain causes of the exclusion of Roma from education.Romani language, culture and traditions were notincluded in a systematic way in school curricula.Insufficient progress was made in the implementationof the 2004 Action Plan on the Educational Needs ofRoma and Members of Other National Minorities. ACouncil for National Minorities of Bosnia andHerzegovina, tasked with overseeing itsimplementation, was formally created in April, but wasnot operational by the end of 2006.

Violence against womenIn June the UN Committee on the Elimination ofDiscrimination against Women expressed concern thatBiH remained a country of origin, transit anddestination in the trafficking in women, and thatvictims of sexual violence during the 1992-1995 warsuffered additional disadvantages as both female headsof households and IDPs.

AI country reports/visitsReports• Partners in crime: Europe’s role in US renditions

(AI Index: EUR 01/008/2006)• Europe and Central Asia: Summary of Amnesty


• False starts: The exclusion of Romani children fromprimary education in Bosnia and Herzegovina,Croatia and Slovenia (AI Index: EUR 05/002/2006)

• Appeal to the United Nations Security Council toensure that the International Criminal Tribunal forthe former Yugoslavia fulfils its mandate (AI Index:EUR 05/006/2006)

• Bosnia and Herzegovina: Behind closed gates –ethnic discrimination in employment (AI Index: EUR63/001/2006)

VisitsAn AI delegate visited BiH in January and March.

BRAZILFEDERATIVE REPUBLIC OF BRAZILHead of state and government: Luiz Inácio Lula da SilvaDeath penalty: abolitionist for ordinary crimesInternational Criminal Court: ratified

Problems within the public security, prison andjudicial systems, including systematic human rightsviolations, contributed to persistently high levels ofcriminal violence. The poorest communities bore thebrunt of the tens of thousands of gun-related deaths.Well over 1,000 people were killed in confrontationswith the police in incidents classified as “resistancefollowed by death”, many in situations suggestingexcessive use of force or extrajudicial executions.Torture continued to be widespread and systematic.Access to land continued to be a focus of humanrights violations, including forced evictions andviolent attacks on rural land activists, anti-damcampaigners, urban squatter movements andIndigenous peoples. Many people continued to workin conditions equivalent to slave or indenturedlabour. Human rights defenders continued to besubjected to threats and attacks.

BackgroundPresident Luiz Inácio Lula da Silva was re-elected for asecond (and final) term. His first term was marked byextensive allegations of political corruption across thepolitical spectrum.

Investigations into corruption highlighted direct andindirect links to the erosion of human rights protection.There were extensive reports of misappropriation ofpublic funds at all levels of the executive andlegislature, which undermined the authorities’ capacityto guarantee fundamental human rights through socialservices and increased the loss of public faith in stateinstitutions. In particular, there were a number of highprofile cases of alleged corruption in Congress. Theinvolvement of state officials in criminal activityresulted in human rights violations and an apparent


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increase in organized crime across the country. Lawenforcement officials were reportedly involved in thedrugs trade, selling guns, and smuggling arms, mobilephones and drugs to members of criminal gangs indetention.

President Lula’s first term was also marked bytargeted social investment coupled with tight fiscalpolicy. Central to the government’s social policy wasthe family grant (bolsa família), under which around 11 million poor families received grants when they sentchildren to primary school. This combined policy waswelcomed in some sectors for bringing economicstability while reportedly achieving some reductions insocial inequality. However, other sectors, includingsocial movements, expressed concern at the budgetrestraints applied to social investment in other areas,namely public security, land reform and indigenousrights, in order to sustain debt payments and thebudget surplus.

While the introduction of legislation to criminalizedomestic violence and the further development ofprogrammes to combat torture and protect humanrights defenders were welcomed, there was a clearreluctance to address a number of issues. Of greatestconcern was the area of public security where therewas a continued lack of effective political attention.None of the presidential candidates and few candidatesfor state governor offered genuine long-term solutionsto address the tens of thousands of homicidescommitted across the country each year. Faced withever higher levels of violence, state and federal leaderscontinued to seek political advantage by offeringreactive and short-term solutions.

Ratification of the Optional Protocol to the UNConvention against Torture was passed by Congress,although reforms to bring Brazil’s legislation in linewith the Rome Statute of the International CriminalCourt were persistently blocked.

Criminal justice systemThe criminal justice system continued to deteriorate inthe face of long-term negligence by the federal andstate governments. Promised reforms were notimplemented, resulting in unprepared and under-funded police, judicial and prison systems being forcedto deal inadequately with extreme levels of criminalviolence. This contributed to systematic human rightsviolations by law enforcement officials, includingexcessive use of force, extrajudicial executions, tortureand ill-treatment as well as widespread corruption.

Attempts by certain state authorities to define publicsecurity problems as a war saw the increasing adoptionof military tactics by state police forces. The poorestcommunities, enjoying least protection from the state,were doubly victimized, suffering the highestconcentrations of violent crime and the repressive anddiscriminatory methods used by the police to combat it.

Human rights violations by police and armyPolice officers killed well over 1,000 people. Thesekillings were rarely investigated fully, as they wereregistered as “resistance followed by death”, often

pre-empting any thorough investigation. According toofficial figures, in the first nine months of 2006 Rio deJaneiro police killed 807 people, a slight increase on theprevious year, while in São Paulo 528 people were killedby police, more than the total for the whole of 2005.Police and prison guards were themselves vulnerableto attack and many were killed.

In May the state of São Paulo was shaken by violenceby criminals and police. Between 12 and 20 May,members of the First Command of the Capital (PrimeiroComando da Capital, PCC), a criminal gang born in thestate’s prison system, took to the streets in a massivedisplay of organized violence. Allegedly protestingagainst prison conditions and the transfer of theirleaders to a high security prison, they killed over 40 lawenforcement officers, burned more than 80 buses,attacked police stations, banks and a metro station,and co-ordinated revolts and hostage-taking in aroundhalf of the state’s prisons. In response, police reportedthat they had killed over 100 “suspects”.

In several incidents in poor communities across thestate of São Paulo, people were killed by masked men insituations suggesting extrajudicial executions or“death-squad” style revenge killings. State authoritiesonly provided details of those killed by the policefollowing a threat of legal action by the PublicProsecutor’s office. At the height of the violence, 117people died in firearms-related incidents in a singleday. The PCC launched further attacks, killing a numberof prison guards in July. Federal and state governmentresponses to the violence were widely criticized in themedia, by public security experts, by police officers andby human rights activists for seeking to take politicaladvantage ahead of elections rather than finding aresolution to the violence.

The state authorities in Rio de Janeiro adoptedincreasingly militarized tactics in their attempts tocombat drug gangs which held sway over most of thecity’s shanty towns. An armoured troop carrier,colloquially called the “caveirão”, was used to policethe poorest parts of the city. There were reports ofbystanders being killed by military police officersshooting indiscriminately from “caveirões”. In Marchthe army deployed troops and tanks on the streets ofRio de Janeiro’s shanty towns in an effort to track downstolen guns. Although federal prosecutors challengedthe legality of the operation, neither the state norfederal governments questioned the army’s decision totake to the streets. However, residents complained ofarbitrary, violent and discriminatory treatment bysoldiers who were neither trained nor mandated tocarry out such operations.

In December Rio de Janeiro state and municipalauthorities announced they were investigating reportsthat up to 92 favelas (shanty towns) had come under thecontrol of paramilitary-style militias. According toreports the militias were made up of active and formerpolice officers working with the support of localpoliticians and community leaders. Militias werereportedly providing “security” for these communities.However, residents reported the extensive use ofviolence and the extortion of protection money. Some


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communities claimed they had suffered violentretaliation from drug factions when members of themilitias withdrew from their communities.

There were reports of “death squad”-style killings inthe north-eastern states of Bahia, Pernambuco andSergipe. Two men previously accused of involvementwith the “death squad” known as “the Mission” duringthe 1990s were appointed as Secretary of PublicSecurity and head of the Military Police in the state ofSergipe. Members of the state human rights commissionexpressed concern at the return of the “death squad”following reports of several killings and enforceddisappearances. In one incident in April witnessed byover 50 people, three teenage boys were taken away bymembers of the elite unit of the military police in thecommunity of Mosqueiro. One of the boys was allegedlytortured until he fainted and later regainedconsciousness in a wood. The other two boysreportedly disappeared and by the end of the year notrace of them had been found.b In April, members of the military police in Recife,Pernambuco state, reportedly detained a group of 14teenagers who were at the carnival. The policereportedly tortured them, took them to a bridge overthe Capibaribe river and forced them to jump in. Thebodies of two of the boys, aged 15 and 17, were foundtwo days later. An investigation was initiated and fivepolice officers were charged with homicide and torture,but in June one of the boys testifying against the policewas shot dead.

Detention systemThe detention system strained under the pressure of anever-increasing prison population and inadequatefinancial and political investment. There were regularreports of torture and ill-treatment being used forcontrol, punishment and corruption by police officers,prison guards and other detainees. Detention centressuffered from extreme overcrowding and poor sanitaryconditions, while prison staff were unsupported andunder-trained. There were numerous riots andcountless cases of prisoner-on-prisoner violence asmany prisons fell under the control of criminal gangs.Belated attempts to break up the gangs saw the furtheruse of “super-max” style prisons, under theDifferentiated Disciplinary System (Regime DisciplinarDiferenciado, RDD), previously criticized by both theNational Council on Criminal and Penal Policy of theMinistry of Justice and the National Bar Association ascontravening human rights protections set out both inthe Constitution and under international law.

The breakdown of the prison system was exemplifiedin São Paulo state by the conditions in the Araraquaraprison after riots in May. For several months 1,600prisoners, including sick and injured, were kept in ayard with space for 160 people while the prisonunderwent reconstruction.

There were persistent reports of violations againstwomen in detention. AI witnessed conditions in theColônia Penal Feminina, a women’s prison in Recife,which were extremely poor, with women sleeping onthe floor and in shower units, limited health facilities

and reports of violent treatment by guards. New-bornbabies were kept in cells with women, some of whomwere reportedly ill, with limited health or safetyfacilities.

ImpunityThe extreme slowness and ineffectiveness of thejudicial system reinforced impunity for human rightsviolations. In February the São Paulo State SupremeCourt absolved Colonel Ubiratan Guimarães for his rolein the 1992 Carandiru prison massacre in which 111prisoners were killed. By the end of 2006, no otherpolice officer had stood trial for their part in themassacre.

One important victory against the general tide ofimpunity was the conviction in March of one of the fivemilitary police officers accused of killing 29 residents inthe Baixada Fluminense district of Rio de Janeiro in 2005.

Land and housingAccess to land and housing was a focal point forextensive human rights violations. According to thePastoral Land Commission, 25 land activists were killedbetween January and October, including 16 in the stateof Pará. Millions of people suffered extreme social andeconomic deprivation as a result of being deprived ofaccess to land and housing both in urban and ruralareas.

Those fighting for the right to land, includingIndigenous peoples, land activists and urban squattergroups, suffered forced evictions, threats and violentattacks. Some were killed. Those seeking access to landwere often denied access to justice. In some casesjudicial rulings were reported to have beendiscriminatory, and in others people faced allegedlypolitically motivated criminal charges.b In August the Pará state court, a regional court,issued orders threatening a total of 4,000 families withforced evictions, with no alternative provision. Anumber of the settlements facing eviction were on landthat was eligible for expropriation under legislation foragricultural reform as the farms upon which they weresituated had been deemed “unproductive” or wereillegally located or were found to be using slave orindentured labour. In September, lawyers for thePastoral Land Commission managed to have someevictions suspended, but many families remainedunder threat.

There were continued reports of attempts toundermine the work of social activists in the state ofPernambuco, and efforts to criminalize their leaders. InMay an association representing military police officersadvertised on hoardings throughout Recife accusingmembers of the landless workers’ movement of beinglawless and out of control. Ten members of the landlessworkers’ movement were arrested on what werereported to be politically motivated charges.b Two separate arrest warrants were issued againstJaime Amorim, a leader of the landless worker’smovement. The first was for allegedly leading anoccupation onto land that a federal government bodyhad ruled should be appropriated. The second followed


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public disturbances outside the US Consulate duringPresident Bush’s visit to Brazil in November 2005. JaimeAmorim was charged several days after the event withdisobedience, incitement to a crime and disrespectingauthority. He was detained while attending the funeralsof two landless activists killed in August. Both arrestwarrants were overturned and he was provisionallyreleased.

In the state of Espírito Santo, the Tupiniquim andGuarani Indigenous peoples suffered threats andattacks, as a result of their long-standing campaign fortheir hereditary lands. The disputed lands werecontested by Aracruz Celulose S/A, a leading producerof eucalyptus pulp. Although the federal government’sIndigenous Office had recognized the land asappropriate for demarcation, the decision to proceedwith the process was stalled.b In January, members of the federal police violentlyevicted Tupiniquim and Guarani peoples fromsettlements built on disputed land. Thirteen Indigenouspeople were injured and two villages were burnt down,following attacks with helicopters, dogs, rubber bulletsand tear gas. According to reports, Aracruz Celulose S/Agave logistical support to the federal police during theeviction.b In September, federal prosecutors initiated asuccessful civil case against Aracruz Celulose S/A forpromoting a discrimination campaign against theTupiniquim and Guarani peoples.

Slave labourAdvances were made in the fight against slave labour.According to the International Labour Organization,18,000 people had been released since 1995 from debtbondage by members of the federal government’smobile unit. However, the problem was far fromeradicated. According to the Pastoral LandCommission, around 8,000 people a year were forcedinto situations equivalent to slave or indenturedlabour. Promised reforms to the Constitution to allowfor the confiscation of land where slave labour wasused remained pending in Congress.

Human rights defendersHuman rights defenders continued to sufferdiscrimination, threats and attacks. Many human rightsgroups suffered a backlash in the wake of the violentattacks by the PCC in São Paulo.

Efforts by the government to put in place its nationalhuman rights defenders programme led to initialtraining sessions for state police officers in the state ofPará and preparation for similar training in the states ofPernambuco and Espírito Santo. However, it wasreported that the project suffered from seriousshortfalls. Members of civil society participating in theproject expressed several concerns, most notably thelack of a properly resourced national body to overseethe programme and the continued reluctance of thefederal police to provide protection.

The persistent failure of the authorities to bringthose responsible for the killings of human rightsdefenders to justice continued to place them at risk.

b Vicente Cañas Costa, a Spanish Jesuit working indefence of Indigenous peoples, was murdered in 1987in the state of Mato Grosso. Nineteen years later, two ofthe men suspected of his murder were brought to trial.While human rights groups welcomed the court’srecognition that Vicente Cañas Costa had indeed beenmurdered, failures in the initial investigationreportedly contributed to both men being acquitted.

AI country reports/visitsReport• Brazil: “We have come to take your souls” – the

caveirão and policing in Rio de Janeiro (AI Index:AMR 19/007/2006)

VisitAI delegates visited Brazil in May/June.

BULGARIAREPUBLIC OF BULGARIAHead of state: Georgi ParvanovHead of government: Sergey StanishevDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Police reportedly targeted people for ill-treatmentand excessive force on the basis of their ethnicidentity or sexual orientation. The human rights ofminorities were not adequately protected,particularly the housing rights of Romanicommunities threatened with unlawful and summaryeviction from their homes. People with mentaldisabilities faced harsh living conditions andinappropriate care and treatment.

BackgroundPresident Georgi Parvanov, head of the BulgarianSocialist Party, was returned to power in presidentialelections in November.

In March, the Council of Europe Commissioner forHuman Rights recommended that the governmentimplement reforms of the justice system; make furtherefforts to eliminate corruption; strengthen the status,selection, training and pay of judges; adopt new Codesof Administrative and Civil Procedure as a priority; andallow detained suspects unrestricted access to legalcounsel. Concerns remained about the inappropriateuse of firearms by law enforcement officials.

In May, the European Commission recommendedthat January 2007 be maintained as the date ofBulgaria’s accession to the European Union (EU) only ifserious deficits were remedied. In September it allowed


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accession to go ahead, despite continuing concernsabout corruption, on condition that the requiredchanges to the Civil Procedure Code, judicial systemand Constitution were adopted.

In March parliament amended the Constitution toincorporate the Ombudsperson institution. A newprovision also allowed the institution to initiate casesbefore the Constitutional Court if it considers a lawconcerning citizens’ rights and freedoms to beunconstitutional.

Bulgaria signed the Council of Europe Convention onAction against Trafficking in Human Beings inNovember.

Ill-treatment and excessive use of forceRepresentatives of the European Committee for thePrevention of Torture, on a visit to Bulgaria inSeptember, examined the treatment of detainees in thecustody of regular and border police; conditions ininvestigation detention facilities; regimes for prisonersserving life sentences and foreign prisoners; andimplementation of legal safeguards on compulsoryplacements to psychiatric institutions under the Health Act.

Reports of police ill-treatment continued, particularlyagainst members of the Romani community and on thebasis of people’s sexual orientation.b In January the Sofia Military Court ordered furtherinvestigation in the case of Angel Dimitrov, who diedduring a police operation in Blagoevgrad in November2005, after his family opposed a request by the SofiaDistrict Military Prosecutor for criminal proceedings tobe halted. The police had used excessive force whilearresting Angel Dimitrov, in violation of domestic andinternational law, the Ombudsperson reported inMarch.b In February the European Court of Human Rightsfound that Bulgaria had violated Zahari Stefanov’srights to life and to be free from torture and arbitrarydetention (Ognyanova and Choban v Bulgaria). In 1993the 23-year-old, of Romani origin, died in Kazanlukpolice station. An official inquiry at the time concludedthat he had jumped of his own accord out of a third-floor room where he was being questioned, and that allhis injuries were caused by the fall.b In October, police reportedly used excessive forcein quelling fighting involving 400 Roma in Pazardzhik.Officers were accused by Romani people and theregional governor of exceeding their powers byentering homes and damaging property.b In May the Commission for Protection againstDiscrimination initiated an investigation in the case ofthree police officers who allegedly ill-treated a gay manin October 2005 because of his sexual orientation andethnic origin. The Commission concluded that duringhis illegal 12-hour detention, the man was denied foodand access to his relatives and medical assistance.

Racism and discriminationIn February, non-governmental organizations (NGOs)and private individuals filed a civil lawsuit in Sofia CityCourt against Volen Siderov, leader of the Attack

(Ataka) party. They alleged that he incited others,through television broadcasts, publications and publicstatements, to harass and discriminate against peoplefrom ethnic, religious and sexual minorities.

In November, the NGO International HelsinkiFederation for Human Rights reported a rise in anti-minority rhetoric and discrimination.The Romani communityIn March the Council of Europe Commissioner forHuman Rights recommended the governmentimplement its national plan of 2003-2004 forintegrating Roma and establishing a co-ordinatedpolicy for all minorities.

Also in March the government approved a nationalprogramme for improving Romani housing conditions,but discrimination in housing persisted.

In July, as Bulgaria assumed the presidency of theDecade of Roma Inclusion, a regionalintergovernmental initiative to reduce social andeconomic exclusion and disparities, legal challengeswere initiated by Romani communities over instancesof discrimination. The cases concerned threats todemolish houses and the refusal by Sofia Municipalityto provide public transport in Sofia’s largest Romasettlement in the Fakulteta District.

Plans to forcibly evict inhabitants of a number ofRomani neighbourhoods in Sofia were suspendedafter protests by members of the EuropeanParliament. Some of Sofia’s district governmentscontinued to threaten forced evictions, and did littleif anything to address the extreme poverty and denialof human rights in many Romani communities. Aworking group was formed by the Sofia Municipalityand Romani NGOs to propose solutions. In July, theMinistry of Labour and Social Policy provided fundsto purchase caravans as a temporary solution forevicted residents.b In April some residents demanded the removal of aRomani neighbourhood in Sofia’s Zaharna Fabrikadistrict. The mayor of Sofia said the city prosecutorwould help the municipality find a legal way to moveRomani residents, promising funds for temporaryshelters.b In June the international human rightsorganizations, the Centre on Housing Rights andEvictions and the European Roma Rights Centre,appealed to the government to stop unlawfulevictions in Dobri Zhelyazkov and Batalova vodenitza,Sofia. The district government had ordered 16 Romanifamilies to leave their homes within 10 days or besummarily evicted, although their communities hadlived on the land for generations. The authorities didnot provide reasonable justification, adequate notice,consultation with those affected, compensation,alternative housing or social support. Themunicipality finally said that legal owners would becompensated according to the law, and others wouldbe accommodated in freight containers adapted tomake them habitable.The Macedonian minorityThe authorities and the judiciary continued to deny theexistence of a Macedonian minority in Bulgaria, and


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insisted that there was no legal obligation to protect it,a policy backed by all political parties represented inparliament.b In October, the Sofia City Court refused registrationto OMO Ilinden PIRIN, a political party representingsome members of the Macedonian minority in Bulgaria,despite an October 2005 ruling by the European Courtof Human Rights that a previous ban of the partyviolated rights to freedom of association and assembly.In November the European Parliament Rapporteur onBulgaria and the Enlargement Commissioner of theEuropean Commission urged the government toregister OMO Ilinden PIRIN.

Concerns about mental health careIn March the Council of Europe Commissioner forHuman Rights urged the provision of decent livingconditions for people with mental disabilities who livedin social care centres and psychiatric hospitals that hadnot yet been refurbished. He also called for increasedfunds to feed people confined in institutions, and asystem to ensure judicial review of decisions to confinesuch people.

In June the Bulgarian Helsinki Committee reportedthat the sanitary facilities in these institutions were still“in the poorest condition”, and that the procedures forplacements of patients for compulsory and involuntarytreatment, provided under the Health Law of January2005, had not been implemented.

In October, two NGOs, the Mental DisabilityAdvocacy Centre and the Bulgarian HelsinkiCommittee, filed with the European Court of HumanRights the case of a man they believed was needlesslydetained in a psychiatric hospital and given psychiatricmedication against his will, despite therecommendations of five psychiatrists that he receiveoutpatient treatment.



BURUNDIREPUBLIC OF BURUNDIHead of state: Pierre NkurunzizaDeath penalty: retentionistInternational Criminal Court: ratified

Continuing human rights abuses marred the hopesengendered by the 2005 elections, which heraldedthe end of 12 years of civil conflict. Human rightsviolations by government forces included arbitraryarrests and detentions, torture and ill-treatment andextrajudicial executions. Until a ceasefire agreementin September, the last armed group still engaged infighting the government continued to commithuman rights abuses, including killing civilianssuspected of collaborating with government forces.The ruling party increasingly interfered with theexecutive and the judiciary, and sought to silencecriticism in the media, by political opponents and byhuman rights defenders.

BackgroundThe ruling party, the National Council for the Defenceof Democracy-Forces for the Defence of Democracy(Conseil National Pour la Défense de la Démocratie-Forces pour la Défense de la Démocratie, CNDD-FDD),was widely accused of corruption. It undermined theindependence of the judiciary, and harassed andintimidated the independent news media, politicalopponents and human rights defenders.

In August, seven former high-level officials andopposition political leaders were arrested for an allegedcoup attempt. Among them were former Vice-PresidentAlphonse-Marie Kadege, and former President DomitienNdayizeye, who was charged with “threatening statesecurity”. There were widespread doubts about whetherthere had in fact been a coup attempt.

On 6 September, the second Vice-President, AliceNzomukunda, resigned, citing corruption and politicalinterference by the chairman of the ruling party.

Armed conflict continued throughout the first half of2006 between the Palipehutu-FNL, known as the FNL(Forces nationales de libération), and governmentarmed forces (Forces de défense nationale, FDN) in theprovinces of Bujumbura rural, Bubanza and Cibitoke.On 7 September, the government and FNL signed aceasefire agreement. However, several sensitive issuesremained unresolved, such as the integration of FNLofficers within the FDN.

Arbitrary arrests and detentionsThe intelligence services, police and army wereresponsible for numerous arbitrary and illegal arrestsand detentions. To justify arbitrary arrests anddetentions, the authorities cited national security andaccused detainees of involvement with the FNL, but itappeared that many people were arrested anddetained illegally.


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b More than 1,000 people living in the province ofBujumbura-mairie and surrounding provinces had byApril been detained for several months without beingbrought before a judge. Only 34 of them wereprosecuted by the public prosecutor.

Arbitrary and illegal arrests by local authorities werealso reported in other provinces, including Ngozi.b On 20 April a teacher at Don Bosco secondaryschool in Ngozi was reportedly beaten, handcuffed andtaken by police to the local cell in Kiremba. He wasunlawfully detained without being brought before ajudge for a few days. He was accused of having stolenfirewood from the forest belonging to the localadministration.

Extrajudicial executionsThroughout 2006, the intelligence services and thearmy were involved in extrajudicial executions ofcivilians.b Between May and August, about 30 people in theprovince of Muyinga were arbitrarily arrested bygovernment armed forces, in conjunction with theintelligence service and local administration.According to local sources, at least 16 were executedand their bodies dumped in rivers. Three state agentswere arrested in connection with the killings, includingthe head of the intelligence service in Muyinga.However, the authorities failed to arrest senior officialswho reportedly gave the execution orders, despiteissuing arrest warrants.b On 4 August, in the commune of Kinama,Bujumbura-mairie, four people were arrested onsuspicion of being FNL members by police officers and aformer CNDD-FDD fighter reportedly working on behalfof intelligence services. On 14 August, this formerfighter took the four detainees away in a vehicle. Thefollowing day, their bullet-ridden bodies were found bylocal residents. The former CNDD-FDD fighter wasdetained in Mpimba prison, but several witnessesreported seeing him at large in Bujumbura.

Torture and ill-treatmentThe government failed to define torture in thecountry’s laws and to align the Penal Procedure Codeand the Penal Code with international human rightsstandards.

Allegations of torture and ill-treatment by theintelligence services, the police and other military andsecurity forces were documented throughout 2006.b On 23 January, Matrenus Ciragira and his familywere attacked at night by people armed with shotgunsand wearing police uniforms, in the commune ofRuhororo, Ngozi province. During the attack, his wifewas raped in front of their children. No investigationwas carried out.b Former Vice-President Alphonse-Marie Kadegewas allegedly kicked repeatedly on his body by policeofficers in an interrogation room on 2 August.b On 26 June, in the zone of Mivo, Ngozi commune,two staff members of the non-governmentalorganization (NGO) Population Services Internationalinvolved in an AIDS awareness programme were

arrested and reportedly tortured by two policemen. Bythe end of 2006, no investigation had taken place.

Freedom of expression under attackThe relationship between the authorities and theindependent media was tense and confrontational.State agents and the ruling party repeatedly threatenedjournalists.b On 17 April, after a press conference called by theCNDD-FDD parliamentarian Mathias Basabose, inKinindo, Bujumbura, 30 journalists were summoned bythe police to hand in their tapes and recordingequipment so that the information could be checked.The journalists refused to comply with the orders andwere prevented from leaving the premises. Otherjournalists turned up to report this incident. Severalwere reportedly beaten by police officers with gunbutts and truncheons.b On 3 September Hussein Radjabu, the CNDD-FDDchairman, delivered a speech to thousands ofsupporters in which he threatened journalists if theycontinued to criticize the CNDD-FDD and thegovernment.b Also on 3 September, the CNDD-FDD websitepublished a photograph of Gabriel Nikundana, the newseditor of Isanganiro radio station, saying that he hadfled to Kenya. When it became clear that this story wasfalse, another article was published on the website on 5 September, linking Gabriel Nikundana to the allegedcoup attempt and describing him as “extremist”.

Prisoners of conscienceThroughout 2006, human rights defenders facedharassment, and some were arbitrarily detained forpeacefully expressing opinions.b On 5 May, Térence Nahimana, director of an NGO,Cercle d’initiative pour une vision commune (CIVIC),wrote a letter to the President saying that thegovernment was deliberately delaying peacenegotiations with the FNL. He was arrested on 9 May bythe national intelligence service. He was released afterthree hours of questioning, but the following day hewas arrested again. On 15 May, he was formally chargedwith “threatening state security” and detained inMpimba prison.b On 16 August, Gabriel Rufyiri, president of an NGO,Observatoire de lutte contre la corruption et lesmalversations économiques (OLUCOME), wasarbitrarily arrested. He was illegally detained foralleging that members of the government and the rulingparty were involved in corruption. His organization hadexposed the alleged improper sale of the presidentialplane and irregularities in government contracts.

Violence against womenWomen of all ages were subjected to sexual violence,including rape, in both rural and urban communities.Despite the end of the hostilities in most of the country,local human rights organizations reported a very highincidence of rape cases.

The state’s response was characterized by inaction,and the criminal justice system provided scant


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protection. The police and judiciary often dismissedrape cases and failed to investigate them unless thevictim was a young child or they were put underpressure by local human rights organizations.b V N, a 27-year-old woman living in the commune ofKamenge, was raped by two men who broke into herhouse on 21 February. The men beat, gagged and rapedV N and her sister. Neither the local administration northe police carried out any investigation. Subsequently,V N was rejected by her community.

Human rights abuses by the FNLThroughout the first half of 2006, the FNL threatenedand intimidated the civilian population of Bujumburarural, Bubanza and Cibitoke, often demanding shelter,food and water. They also killed low-level governmentofficials and civilians suspected of collaborating withgovernment armed forces.b On 16 January, Amélie Bapfumukeko, a councilmember in Nakibuye, Kanyosha commune, wasabducted and killed by alleged FNL combatants. Herbody was found the next day about 500 metres from herhouse. She was accused by local FNL members ofcollaborating with the government armed forces.

Administration of justiceThe justice system continued to suffer from lack ofresources and inadequate training. Furthermore,government authorities and CNDD-FDD membersreportedly influenced judicial decisions improperly.b On 16 February, a teacher at Gashikanwa secondaryschool (Ngozi province), who was also a CNDD-FDDmember, was arrested by police on suspicion of havingraped five of his pupils. Once his arrest became known,the public prosecutor in charge of the investigationreceived threatening phone calls from members of thesecurity services and CNDD-FDD parliamentariansdemanding the teacher’s release. The public prosecutoreventually released him, and there were no furtherinvestigations into the rapes either by the police or thepublic prosecutor’s office.

Mechanisms to combat impunityThe authorities sent mixed messages during the yearabout their willingness to tackle the issue of impunityeffectively.

On 3 January the President decreed that politicalprisoners should be granted “provisional immunity”, inaccordance with clauses in the Arusha peaceagreement of 2000. A few days later, the Minister ofJustice announced the provisional release of 673political prisoners. By the end of March more than 3,200prisoners had been released. However, this decisionwas not followed by any concrete and targetedmeasures to combat impunity.

In early February the government issued amemorandum in order to commence talks with the UNon setting up a truth and reconciliation commissionand a special chamber to investigate crimes committedin Burundi and bring those responsible to justice. At theend of February, a UN mission arrived in Bujumbura toprepare for negotiations on these mechanisms.

Although this meeting was significant, thegovernment’s memorandum contained proposalswhich could hinder efforts to overcome impunity. Forexample, it proposed a “procedure of reconciliation”which could prevent or limit the investigation andprosecution of crimes under international law.Subsequent progress was very slow.

On 18 June in Dar es-Salaam, Tanzania, thegovernment and FNL signed an agreement of principlestowards lasting peace, security and stability in Burundi.It stated that the truth and reconciliation commission(not yet established) would be renamed the “Truth,Pardon and Reconciliation Commission”. Its mandatewould be to establish the facts surrounding “the darkperiod of Burundi history” and various protagonists’responsibilities, with a view to achieving forgivenessand national reconciliation.

Death penaltyAfter the release of 3,200 political prisoners, 218prisoners remained under sentence of death. The lastexecutions, of seven civilians, took place in 1997, butcourts continued to pass death sentences.

Refugees and internally displaced peopleIn February, the number of Rwandan refugees inBurundi reached 20,000. By the end of 2006, about16,000 had been repatriated by the UN refugee agencyUNHCR to Rwanda. Between January and December,about 32,000 Burundian refugees returned to Burundiwith UNHCR assistance. In June, UNHCR changed itspolicy from facilitation to promotion of therepatriation.

At the end of 2006, more than 100,000 people stilllived in internally displaced people’s camps, mainly inthe northern and eastern provinces.

AI country reports/visitsReports• Burundi: Provisional immunity does nothing to end

impunity (AI Index: AFR 16/001/2006)• Burundi: Towards what reconciliation? (AI Index:

AFR 16/003/2006)• Burundi: Journalists and human rights monitors

under attack (AI Index: AFR 16/004/2006)• Burundi: Detention measures abused (AI Index: AFR

16/011/2006)• Burundi: From Itaba to Gatumba – an imperative

need for justice (AI Index: AFR 16/014/2006)• Burundi: Briefing to the Committee against Torture

(AI Index: AFR 16/016/2006)VisitsAI delegates visited Burundi to research violenceagainst women and the demobilization, disarmamentand reintegration process in February. AI delegates alsoattended a workshop with human rights defenders.


CAM

CAMBODIAKINGDOM OF CAMBODIAHead of state: King Norodom SihamoniHead of government: Hun SenDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

The land crisis continued unabated; over 10,000urban poor were forcibly evicted from their homesand thousands of rural dwellers lost their lands andlivelihoods in land disputes. The authoritiescontinued to use the courts in an effort to curtailpeaceful criticism. Restrictions on freedom ofassembly were maintained.

BackgroundA government-led crackdown on peaceful critics endedin February with a deal between the Prime Minister andsome adversaries, leading to the release of severalprisoners of conscience, among them oppositionparliamentarian Cheam Channy. The opposition leader,Sam Rainsy, returned from exile after he received aroyal pardon.

The government’s junior coalition partner, theNational United Front for an Independent, Neutral,Peaceful and Cooperative Cambodia (FUNCINPEC),faced crisis as Prime Minister Hun Sen of the rulingCambodian People’s Party (CPP) stepped up pressureagainst party president Prince Norodom Ranariddh andhis followers. Some 75 senior FUNCINPEC officials weredismissed from the government and the NationalAssembly, culminating in an extraordinary FUNCINPECcongress on 18 October in which Keo Puth Raksmeybecame the new party president. In November PrinceRanariddh launched the Norodom Ranariddh Party byjoining and taking the lead of the small ultra-nationalistKhmer Front Party.

The UN High Commissioner for Human Rights visitedCambodia in May and concluded that the strengtheningof the judicial branch of governance was cruciallyimportant for the consolidation of democracy underthe rule of law.

Land and housingLand concessions and other opaque land deals betweenbusiness interests and the authorities continued. In aseries of forced evictions in June and July around10,000 urban poor in Phnom Penh lost their homes towell-connected businessmen without adequateconsultation, compensation or legal protection.b At dawn on 6 June several hundred securityofficials armed with rifles, tear gas and electric batonsbegan the forced eviction of Sambok Chab village incentral Phnom Penh. Around 5,000 villagers wereforced into vans and taken to a relocation site some 20kilometres from the city centre, an area which lackedclean water, electricity, health clinics and schools. Thelack of basic amenities at the relocation site led to

increased prevalence of diarrhoea, skin infections,malnutrition and respiratory infections, particularlyamong children and the elderly.

The forced eviction impoverished an already poorcommunity by depriving them of their land andlivelihoods. It took place despite the call two weeksearlier by the UN Special Rapporteur on adequatehousing and the UN Secretary-General’s SpecialRepresentative on human rights defenders for an endto the evictions and immediate action to ensure thatthese families had access to adequate housingconsistent with Cambodia’s human rights obligations.

On 29 June, armed forces began the forcible evictionof 168 families living next to Phnom Penh’s PreahMonivong Hospital. Houses were demolished and theresidents, some of whom had lived on the land since1988, were resettled some 30km from the city withoutbasic facilities.

In both instances police cordoned off the area ofeviction, preventing journalists and human rightsworkers from monitoring events.

Local human rights defenders were targeted by lawenforcement agencies in connection with forcedevictions and land disputes both in urban and ruralareas. At least 15 land rights activists were detainedduring the year.

Legal systemLong-awaited reform including laws governing thejudiciary and criminal justice system did not take place.The anti-corruption law, which had been set as a toppriority in the concluding statement of the annualdonors’ meeting in March, was not passed. Instead anew anti-corruption body under the powerful Councilof Ministers was established by the government inAugust, comprising senior officials of the ruling party.

A Law on the Status of Parliamentarians was passedin August, which limits freedom of expression forparliamentarians. An anti-adultery law imposingcustodial sentences was voted through the followingmonth, and a law introducing compulsory militaryservice – in sharp contrast to government pledges toreduce the armed forces – was passed by the NationalAssembly in October.

In his address to the UN Human Rights Council on 26 September, the UN Special Representative of theSecretary-General for human rights in Cambodia saidthat the government had used prosecutors and judges,while pretending to uphold their independence, tointimidate or punish critics. He stated that thegovernment had applied the law selectively and that itssupporters had enjoyed immunities from the civil andcriminal process for blatant breaches of the law.b Born Samnang and Sok Samoeun, who weresentenced in August 2005 to 20 years’ imprisonmentfor the murder of trade union leader Chea Vicheafollowing an unfair trial, remained in prison. Aftersignificant domestic and international pressurecalling for their release following testimony from anew witness, an appeals hearing was announced for 6 October. As one of the judges did not appear in courtthe hearing was postponed.


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Freedom of speech and assemblyThe widely used and controversial criminal defamationlaw was reformed in May, with the custodial sentenceremoved. Several high-profile cases were suspended.Subsequently the law against disinformation, which hasa maximum prison sentence of three years, was used ina number of cases to silence or intimidate critics,including several journalists.b Death threats were received by two localjournalists, Soy Sopheap of the CTN television channeland You Saravuth of Sralanh Khmer newspaper, afterthey reported alleged corruption by military andgovernment-linked individuals. You Saravuth wasforced to flee abroad.

Restrictions introduced in early 2003 on the right toassembly continued. Requests for permission to holddemonstrations were regularly refused by theauthorities, while demonstrations and protests wereoften broken up by force.

The Extraordinary ChambersThe Extraordinary Chambers in the Courts of Cambodiawere established on the outskirts of Phnom Penh toprosecute suspected perpetrators of gross human rightsviolations during the Khmer Rouge period (1975-1979). Dueto disagreements between national and internationaljudges, a plenary session of the Chambers failed to adoptthe tribunal’s internal rules which are required to launchinvestigations and prosecutions. There was renewedcriticism of the lack of transparency in the recruitment ofCambodian judges; some were on the ruling party’s centralcommittee and others lacked basic legal training.

Former Khmer Rouge leader Ta Mok, one of twodetainees scheduled to face prosecution by theExtraordinary Chambers, died on 21 July, never havingbeen tried for his alleged role in crimes againsthumanity.

AI country reports/visitsReport• Cambodia: The murder of trade unionist Chea Vichea

– Still no justice (AI Index: ASA 23/008/2006)VisitAn AI delegation visited Cambodia in March.

CAMEROONREPUBLIC OF CAMEROONHead of state: Paul BiyaHead of government: Ephraim InoniDeath penalty: retentionistInternational Criminal Court: signed

Nine men and four women were convicted forpractising homosexuality. Scores of people weretortured by members of the security forces. Courtsconvicted some officials of involvement in killings. Atleast two students were killed and many othersdetained during clashes with government forces.Several journalists were briefly detained or beaten.Secessionist political activists were arrested anddetained.

BackgroundNigeria formally handed the disputed oil-rich BakassiPeninsula to Cameroon in August and withdrew itstroops. Several thousand Nigerian nationals left thepeninsula for mainland Nigeria. The handoverimplemented an October 2002 decision of theInternational Court of Justice.

More than 80 members of the Kedjom Kekucommunity in Northwest province accused ofinvolvement in the killing of their former traditionalchief were arrested between January and March. Manywere reportedly beaten at the time of their arrest.Former chief Simon Vugah, who was deposed in 2004,was killed after he returned to Kedjom Keku to reclaimhis position. Those detained included Simon Vugah’ssuccessor, Benjamin Vubangsi, who was released withabout 60 others in September. At least 25 people wereheld without trial in connection with the killing at theend of 2006.

A power struggle within the Social Democratic Front(SDF) opposition party culminated in the killing in Mayof Grégoire Diboulé, a supporter of Bernard Muna,leader of a faction opposed to SDF chairman, John FruNdi. More than 20 members of the SDF were arrestedand charged with involvement in the murder. Theywere still awaiting trial at the end of the year. John FruNdi was charged with complicity to murder and assaultbut was not detained.

At least 400 people were rendered homeless inNovember when the government demolished theirhouses in the Etetak district of the capital, Yaoundé.The government claimed that the houses had been builtwithout authorization, but provided no alternativeaccommodation or compensation.

Several senior managers of state companiesaccused of embezzlement were arrested after thegovernment launched an anti-corruption campaign inJanuary. Those detained included Siyam Siwé, aformer director general of the Autonomous Port ofDouala, and Barthélemy Kamdem, the company’sassistant financial director. Others being investigated


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for embezzlement were members of parliament whoseimmunity was withdrawn in October.

Convicted for practising homosexualityPatrick Yousse-Djaudio and another gay man werereportedly sentenced in February to one year’simprisonment for practising homosexuality. In March,four young women were arrested for allegedly engagingin lesbian activities. They were released in June after acourt in Douala sentenced them to a three-yearsuspended prison sentence and a fine.

Two minors arrested in May 2005 with nine othersaccused of practising homosexuality were released inFebruary without trial. The remaining nine were tried inJune. Two were acquitted and seven were sentenced to10 months’ imprisonment then released because of thetime already spent in custody. One of these, AlimMongoche, died of an illness soon after his release.

Twelve young women students were expelled inMarch from a college on account of being lesbian. Theywere not able to join any other college.

Threats to freedom of expressionSeveral journalists were detained or assaulted becauseof their work. The authorities were not known to havetaken any action against those responsible for assaults.b Duke Atangana Etotogo, director of L’Afriquecentrale newspaper, was arrested on 3 September bymembers of the military security service after thenewspaper published an article critical of the army. Hewas released without charge on 8 September.b Patient Ebwele of Radio Equinoxe was beaten anddetained for four hours in April by gendarmes in Akwa-Nord district of Douala.b Eric Motomu, editor of The Chronicle newspaper,was assaulted in April by SDF supporters in Bamendawho accused him of publishing articles critical of theirleader, John Fru Ndi.

Ten convicted for political killingIn April, a court convicted former chief and member ofparliament Doh Gah Gwanyin and nine others ofinvolvement in the death of John Kohtem, an SDFleader beaten to death in August 2004. They weresentenced to 15 years’ imprisonment but Doh GahGwanyin was released on bail pending his applicationto appeal. Two of the accused were acquitted.

Student unrest culminates in deathsIn April, several university student leaders in Yaoundéreceived suspended prison sentences for their role inclashes between students and members of the securityforces in November 2005.

At least eight Buea university students were arrestedin March during a demonstration in support ofindependence for Anglophone Cameroon. They werereleased without charge after several days.

At least two Buea university students were shot deadon 29 November by the security forces during violentdemonstrations over alleged corruption and discriminationagainst Anglophone students. The authorities did nothold any formal investigation into the killings.

Torture and ill-treatmentTorture by members of the security forces continued tobe reported.b Serges Ondobo died in April, reportedly as a resultof being beaten in police custody in Yaoundé when heprotested against the arrest of a fellow trader. Theauthorities are not known to have taken any actionagainst the policemen responsible.

More than 100 people were reportedly beaten in lateOctober after they were arrested by members of theRapid Intervention Brigade (Brigade d’interventionrapide, BIR) in and around Maroua, the capital ofExtreme North province. The victims were detained forseveral days at Salack, where many of them werestripped naked, blindfolded and beaten, then held in acell with water on its floor. The victims includedHamidou Ndjidda, Aziz Dikanza and Ismael Balo Amadou.

The trial by the Douala military tribunal of severalgendarmes and a manager implicated in the death ofEmmanuel Moutombi, who died in February 2005,ended in March. The manager was found not guilty ofinvolvement in torture but was fined 25,000 CFA Francs(approximately US$50) for slapping EmmanuelMoutombi. A gendarmerie commander was sentencedto 10 months’ imprisonment, while three gendarmesconvicted of causing the death were sentenced to eight,nine and 10 years’ imprisonment. The tribunal orderedthe state to pay 44 million CFA Francs (approximatelyUS$88,000) to the victim’s family.

Southern Cameroons National CouncilAs in previous years, members of the Anglophoneseparatist movement, the Southern Cameroons NationalCouncil (SCNC), were arrested and briefly detained.

At least 40 SCNC members were arrested in Januarywhile holding a meeting in Buea. They were releasedwithout charge after several days. A further 29 werearrested in March and detained for several days in Buea.

More than 60 SCNC members were arrested inBamenda on 24 April and released without charge on 1 May. When SCNC leaders, including Humphrey PrinceMbiglo, tried to hold a press conference on 7 May toprotest, they were among 20 SCNC members who weredetained for several days. Fidelis Chinkwo, EmmanuelEmi, Priscilla Khan, Elvis Bandzeka and Cletus Che werearrested in Bamenda on 16 September and releasedseveral days later without charge.

Anglophone prisonersAnglophone prisoners serving long prison sentencesfor involvement in politically motivated violentactivities were transferred in May from Kondenguiprison in Yaoundé to their home provinces. Eight weretransferred to Bamenda in Northwest province and theninth, Roland Tatah, was transferred to Buea centralprison in Southwest province. One of the nine, PhilipTete, died from an illness in November.

AI country reports/visitsVisitThe authorities did not respond to AI’s request to visitCameroon.


CAN

CANADACANADAHead of state: Queen Elizabeth II, represented byGovernor General Michaëlle JeanHead of government: Stephen Harper (replaced PaulMartin in January)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

There were concerns about violations of the rights ofIndigenous peoples, including discrimination andviolence against Indigenous women and girls.Counter-terrorism laws and practices wereinconsistent with human rights standards.

The rights of Indigenous peoplesThere was no comprehensive national strategy toaddress continuing discrimination and violence againstIndigenous women. The policies and practices of policeforces in response to such violence were inconsistent.

There was no progress in resolving the long-standingland dispute with the Lubicon Cree in Alberta, despitecalls by the UN Human Rights Committee on Canada in1990 and 2005 to make every effort to resolve the issue.

There were concerns that the approach to childprotection for Indigenous children was discriminatory,both in the levels of funding provided and in thedisproportionately high levels of Indigenous childrentaken into care.

Women’s human rightsIn September there was a substantial cut in the budgetof Status of Women Canada, the federal governmentagency responsible for promoting gender equality. Newrestrictions barred advocacy activities by organizationsreceiving funding from the agency.

There was no progress in implementingrecommendations made by a 1996 public inquiry, a 2003Canadian Human Rights Commission report, and the UNHuman Rights Committee in 2005 that there be anindependent agency established to receive complaintsfrom women prisoners held in federal detention facilities.

Police abusesConcerns about excessive use of force involving taserguns continued. In August, Jason Doan died in RedDeer, Alberta, after being subdued by police using ataser, bringing the number of such deaths to 15 sinceApril 2003.

Security and human rightsThree Muslim men subject to security certificatesissued under the Immigration and Refugee ProtectionAct remained in detention and two others were understrict bail conditions. The men faced a serious risk oftorture if deported. Appeals to the Supreme Court ofCanada in three of the cases were pending at the end ofthe year.

In September and December, two reports from apublic inquiry into Canada’s role in the case of MaherArar were released. He had been deported to Syria in2002 where he was detained without charge for a yearand tortured. The first report cleared Maher Arar,recommended compensation and proposed numerousreforms. In December, the government announced aninquiry into the cases of three other dual Canadiannationals tortured abroad: Abdullah Almalki, AhmadAbou El-Maati and Muyyed Nureddin.

In October, the preventative and investigativehearing provisions of the 2001 Anti-Terrorism Act wererenewed for five years.

Canadian forces in Afghanistan transferreddetainees to Afghan officials in circumstances wherethere was a serious risk of torture and ill-treatment.

Refugee protectionThe new government refused to implement theprovisions of the 2001 Immigration and RefugeeProtection Act establishing a Refugee Appeal Division.

A legal challenge was lodged to the Canada/USA “safethird country” agreement. Under the agreement mostrefugee claimants arriving in Canada via the USA wererequired to make their refugee claims in the USA, wherethere were concerns that some faced human rightsviolations. The court hearing was expected to begin inFebruary 2007.

Immigration laws failed to provide an absolute banon deporting individuals to countries where they faceda serious risk of torture. In October, a Federal Courtjudge ruled that “exceptional circumstances” did notexist to justify the deportation of Mahmoud Jaballah toEgypt, where he was at risk of being tortured.

CENTRAL AFRICANREPUBLICCENTRAL AFRICAN REPUBLICHead of state: François BozizéHead of government: Elie DoteDeath penalty: abolitionist in practiceInternational Criminal Court: ratified

Government forces reportedly killed scores ofunarmed civilians in response to unrest in the northof the country, displacing tens of thousands ofpeople. The authorities took no action againstmembers of the security forces suspected ofresponsibility for unlawful killings and other human


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rights violations. Dozens of suspected politicalopponents of the government were arrested andunlawfully detained in harsh conditions. About 25were tried, most of whom were acquitted. Fourteenwere not released after their acquittal but detainedfor a further two weeks.

BackgroundViolence and insecurity escalated in the north of thecountry. On 29 January, an armed group attacked thesecurity forces in the town of Paoua, Ouham-Pendeprovince. At least 80 civilians, many of them unarmed,were killed by government forces during a counter-attack. About 7,000 people fled to neighbouring Chad,while an estimated 50,000 more were internallydisplaced, with little or no access to humanitarianassistance.

Attacks by armed groups persisted throughout theyear. In June, UN sources reported that 33 people hadbeen killed in a rebel attack on an army camp in thenorth.

Government forces continued to be supported byFrench and Chadian troops, and by members of apeacekeeping force backed by the Monetary andEconomic Community of Central Africa (Communautééconomique et monétaire d’Afrique centrale, CEMAC).CEMAC peacekeepers received material help from theEuropean Union.

In August former President Ange-Félix Patassé andthree other former politicians were tried in their absenceon charges of fraud and embezzling public funds. Theywere convicted of fraud and sentenced to up to 20 years’imprisonment. Ange-Félix Patassé’s former economicadvisor, Simon Kouloumba, was acquitted and released.He had been awaiting trial since 2003.

ImpunityThe authorities failed to take action against members ofthe security forces who reportedly killed and injureddozens of unarmed civilians in Ouham-Pende andOuham provinces in late January and February.Government forces, particularly members of theRepublican Guard, reportedly targeted unarmedcivilians, including boys as young as 10. At least 17students from Paoua college were reported to havebeen extrajudicially executed by members of theRepublican Guard.b At least 80 people were reportedly killed by regulargovernment forces in Paoua in January and February.The victims included Florent Djembert, VincentBozoukon and William Béré. Four unidentified bodieswere reportedly burned in the local gendarmeriecompound. No investigation into the deaths wasreported.b A former member of the Republican Guard, whohad allegedly killed several people but was releasedwithout charge after being arrested in 2005, continuedto threaten human rights defenders before he waskilled by insurgents in May. In January he reportedlythreatened Maka Gbossokoto, director of Le Citoyennewspaper, Nganatouwa Goungaye Wanfiyo, a lawyer,and Adolphe Ngouyombo, a human rights activist.

There was no progress by the government in bringingto justice those responsible for serious human rightsabuses, including hundreds of rapes, during conflict inlate 2002 and early 2003. The International CriminalCourt (ICC) continued to conduct a preliminary analysisof crimes committed during the period, following areferral of the situation by the government in 2005. Atthe end of the year, the ICC had not announced whetheror not it would launch a full investigation.

Political arrests, detentions and trialsSeveral dozen people were arrested between Februaryand April 2006 and accused of supporting armed groupsseeking to overthrow President François Bozizé’sgovernment. Many were members of former PresidentAnge-Félix Patassé’s Movement for the Liberation ofthe Central African People (Mouvement de libérationdu peuple centrafricain), or came from the same Kabaethnic group.

They were held for weeks or months without chargeand without access to their families, lawyers anddoctors. In May and June, about 25 were charged withendangering the internal security of the state andrelated offences.b Lydie Florence Ndouba, an official at the Ministryof Internal Affairs, was arrested on 28 February,apparently because she was the sister of two prominentpoliticians critical of the government. She was heldwithout charge until 11 May, when she was charged withendangering the security of the state. At her trial inAugust she told the Criminal Court that she had been ill-treated in custody. She was acquitted.b Pascal Ngakoutou Beninga, a teacher at BanguiUniversity, reported that he was taken to a wood andthreatened with death by members of the RepublicanGuard on 25 March. He was accused of having providedaccommodation to armed men and of possessingweapons. Members of the security forces searched hishouse but reportedly found nothing incriminating.

In August and September, about 25 detainees weretried by the Criminal Court in Bangui. Approximately 20were acquitted.b Of 16 people tried for endangering the internalsecurity of the state and related charges, 15 wereacquitted and one convicted on a lesser charge on 12September. However, 14 were not released but takenfrom Ngaragba prison on 13 September by members ofthe Republican Guard to Bossembélé prison inOmbella-Mpoko province. Members of the CentralAfrican Republic Bar Association went on strike inprotest, and the government was widely criticized. On25 September, the detainees were returned to Banguiand released.

At the end of 2006, at least 20 detainees were stillheld, accused of having connections with armedgroups. It was unclear whether all of them had beenformally charged.

Detention conditionsAI delegates visited several detention centres inBangui, including Ngaragba prison, Bimbo prison andthe National Gendarmerie’s Research and Investigation


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Department (Section de recherche et d’investigation,SRI). They found that conditions were so harsh as to belife-threatening.

In most prisons and detention centres, detaineesreceived no food other than that brought by friends orrelatives. Many complained of not having enough to eator suffering from malnutrition. Cells were overcrowdedand insanitary.

Detainees suffering ill-health were denied access tomedical care. Minors were held together with adults,and unconvicted detainees were held with convictedprisoners. According to reports, in detention centresoutside Bangui men and women were generally heldtogether in even worse conditions.

AI country reports/visitsReport• Central African Republic: Government tramples on

the basic rights of detainees (AI Index: AFR19/007/2006)

VisitAI delegates visited the Central African Republic inMay.

CHADREPUBLIC OF CHADHead of state: Idriss DébyHead of government: Pascal YaodimnadjiDeath penalty: retentionistInternational Criminal Court: ratified

Clashes between the security forces and armedopposition groups intensified from April onwards.The Janjawid, an armed Sudanese militia group,crossed the border into eastern Chad, attackingvillages, killing civilians and forcibly displacing tensof thousands. Women suffered grave human rightsabuses, including rape, during these attacks. At leasttwo people were extrajudicially executed by thesecurity forces, one of whom was tortured beforebeing killed. Human rights defenders and journalistscontinued to be at risk of detention, unfair trial andimprisonment.

BackgroundPresident Idriss Déby’s administration continued to bethreatened by armed conflict. Armed groups, includingthe United Front for Change (Front uni pour lechangement, FUC), the Rally of Democratic Forces(Rassemblement des forces démocratiques, RAFD) andthe Union of Forces for Democracy and Development

(Union des forces pour la démocratie et ledéveloppement, UFDD), carried out military operationsthroughout 2006 in the north and east of the country.Armed clashes between the security forces and armedopposition groups intensified from April onwards alongthe eastern border with Sudan and the Chadianauthorities accused Sudan of backing the attackers. InApril, the FUC launched attacks in the east andsoutheast, reaching the capital city, N’Djaména; scoresof soldiers and members of armed groups werereportedly killed. The FUC failed to conquer N’Djaménaand dozens of its members were arrested. In October,several towns, including Goz Beida, were occupied formore than 24 hours by the UFDD. In November, theUFDD and the RAFD attacked several towns in the eastand occupied the towns of Abéché and Guerreda formore than 24 hours. In December, the FUC and theChadian authorities signed a peace deal in Libya. Underthe provision of the accord, the FUC forces would beintegrated into the Chadian army.

In order to combat the armed groups, the Chadianauthorities withdrew government troops from theeastern border with Sudan, leaving civilians to facelarger and more prolonged attacks by the Janjawid.

In January, the National Assembly passed a lawextending its own term in office by over a year.Legislative elections which should have taken place in2006 were postponed until 2007. Despite calls from theAfrican Union and national human rights organizationsto postpone the presidential elections, President IdrissDéby was elected in May to serve a third five-year termin a poll boycotted by opposition parties.

In November, the government declared a state ofemergency in some regions including Chari Baguirmi,Borkou Ennedi Tibesti and N’Djaména. It created acommittee to censor all public and private newspapersand radio stations, in order to prevent the publicationor broadcast of information liable to jeopardize publicorder, national unity, territorial integrity or respect forthe republic’s institutions.

Also in November, Chad ratified the Rome Statute ofthe International Criminal Court.

Unlawful killingsThe conflict in Sudan spilled over into Chad. TheJanjawid extended its activities into eastern Chad,mainly in the Dar Sila department, and attacked adiverse range of ethnic groups identified as “African”rather than Arab. Members of communities such asthe Dajo, Mobeh and Masalit left the border area as aresult of Janjawid incursions. Hundreds of people,particularly members of the Dajo ethnic group, werekilled by the Janjawid throughout 2006, and morethan 80,000 people were forcibly displaced. Manyremained in Chad as internally displaced persons, butat least 15,000, cut off from a safer escape route, fledinto Darfur, despite the continuing conflict anddisruption there. The refugees who fled into Darfurhad virtually no access to humanitarian assistance.The internally displaced within Chad congregated ininformal camps where they often remained at risk offurther attacks.


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Janjawid attacks on communities in eastern Chad,which began in 2003, initially consisted of frequent,small-scale raids aimed primarily at stealing cattle,which were generally kept at some distance from thevillages. People guarding the cattle were often killed ifthey resisted the better-armed Janjawid, but the villagesthemselves were not attacked. However, as theseincursions became more frequent, the Janjawid began toattack, burn and loot villages, sometimes repeatedlyover a period of several days or months, until most of theinhabitants had been killed or forced to flee.b In March, the Janjawid launched a large-scaleattack near N’Djaména village, a few kilometres fromModaina, in which 72 people were killed.b In October, the Janjawid used incendiary weaponsduring attacks on Djimeze Djarma village. Seventeenpeople, including Adam Oumar, Ahmed Haroon and a90-year-old woman, Hawa Rashadiya, were killed.b In November, the village of Djorlo was attacked onthree sides simultaneously. The Janjawid fired on theoutskirts of the village before advancing. Forty peopleincluding Yahyah Omar, aged 75, and Sabil Awat, aged60, were killed. In addition, three babies who were stillbreastfeeding, including Adam Haroon, were burnedalive in their homes and one old crippled man, unableto flee, was also burned alive.b The village of Koloy was attacked several timesbetween September and November. During theseattacks, more than 100 people were killed, includingAdam Abdelkerim, Ibrahim Said, Mahamat Abakar andan 85-year-old woman, Hawa Issa.

Violence against womenThe widespread insecurity in eastern Chad hadparticularly severe consequences for women, whosuffered grave human rights abuses, including rape,during attacks on villages. Sexual violence oftencontinued after the women were displaced. Womenalso suffered extreme hardship associated withdisplacement and the deaths of their male relatives.b In October, seven women were abducted inDjimeze Djarma and held for 20 days by their attackers.They were beaten with whips and sticks throughout thisperiod. The women did not identify their attackers asmembers of the Janjawid.b During an attack on the village of Djorlo inNovember, the Janjawid raped seven women who hadtaken refuge in a mosque. According to an eye-witness,the women were captured and beaten, then thrown tothe ground. The attackers pinned the women to theground, tore off their clothes and raped them.

Detention without trialIn May, at least 10 people were arrested in Guité on thesuspicion of links with armed groups. Two werereleased without charge after two days and the othersafter 15 days.

Dozens of military officers and soldiers, includingAdil Ousmane and Colonel Abakar Gawi, were arrestedin April shortly after an attack by an armed group onN’Djaména. Some were released, but seven high-ranking officers remained in detention at the end of the

year. The reasons for their arrest remained unclear, andno charges were brought against them. The authoritiesrefused to grant the detainees access to their familiesand lawyers and would not reveal where or on whatgrounds they were held.

Extrajudicial executionsAt least two people were extrajudicially executed bythe security forces.b In May, soldiers in three separate vehicles arrivedin Guité and arrested several people. One person wasasked to produce his identity card and told to lie downon the ground. Soldiers stamped on him, then onesoldier shot him dead at close range.b In April, Commander Idriss Mahamat Idriss wasarrested while riding in a military vehicle. His body,showing signs of gunshot wounds, was found in themorgue a few days later.

Human rights defendersHuman rights defenders and journalists continued tobe at risk of detention, unfair trial and imprisonment inviolation of their right to freedom of expression. Twohuman rights defenders were illegally detained andthreatened.

Following the decision to censor the press, theAssociation of Privately Owned Press Editorssuspended the publication of five affiliatednewspapers: N’Djaména Bi-hebdo, Notre Temps, leTemps, Sarh Tribune and le Messager.b In April, René Dillah Yombirin, a public radiojournalist and French service correspondent for theBBC, was attacked by several soldiers while he wasinterviewing residents in the Moursal area shortly afterthe attack on N’Djaména. He was taken to an unknowndestination before being released a few hours later.b In April, Mingar Monodji, a member of the ChadianHuman Rights League, was arrested and detained bysoldiers for three days in an unknown location. At theend of the third day, they abandoned him by the side ofa road. During his detention, Mingar Monodji wasbeaten regularly by soldiers who accused him and otherhuman rights activists of being mercenaries opposed toPresident Déby.b In May, Tchanguiz Vathankha, director of RadioBrakoss, a community radio station, and president of theChad Union of Privately Owned Radio Stations, wasarrested and held without charge for eight days. He wasarrested after his organization issued a statement callingfor the postponement of the May presidential election.b In October, Evariste Ngaralbaye, a journalist forthe privately owned weekly, Notre Temps, wasarrested and detained for four days. He was chargedwith defamation and damage to the reputation andmorale of the gendarmerie. Shortly before his arrest,he had published a critical article on the conflict ineastern Chad.

Chad-Cameroon pipelineIn April, Chad threatened to shut down the Chad-Cameroon pipeline if the World Bank refused to releaseassets frozen in January after the Chadian government


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amended the Revenue Management Law governing theproceeds of the pipeline project. The governmentsought to divert pipeline revenues, originally reservedfor health and education spending and povertyreduction, to fighting the armed rebellion againstPresident Déby. An interim accord was reached in April,and in July relations were fully normalized after amemorandum of understanding was signed betweenthe Chadian government and the World Bank.

In August, following a tax dispute, the activities of USand Malaysian companies sponsoring the pipeline weresuspended. They resumed in October, following anaccord reached with the Chadian government.

AI country reports/visitsReports• Chad/Sudan: Thousands displaced by attacks from

Sudan (AI Index: AFR 20/005/2006)• Chad: “We don’t want to die before Hissène Habré is

brought to trial” (AI Index: AFR 20/002/2006)• Chad: Testimonies from eastern Chad (AI Index: AFR

20/007/2006)• Chad: Des militaires détenus depuis plus de cinq mois

(AI Index: AFR 20/010/2006)• Chad: Civilians left unprotected as brutal Janjawid

attacks reach 150 kilometres inside Chad (AI Index:AFR 20/013/2006)

VisitsAI delegates visited Chad in May/June and inNovember/December to carry out research and holdtalks with the authorities.

CHILEREPUBLIC OF CHILEHead of state and government: Michelle Bachelet(replaced Ricardo Lagos in March)Death penalty: abolitionist for ordinary crimesInternational Criminal Court: signed

Mapuche Indigenous people were harassed and ill-treated by the police. Student demonstrations weredispersed by the security forces, allegedly withexcessive use of force. Harsh prison conditions andill-treatment of detainees were reported. A resolutionby the Inter-American Court of Human Rightshighlighted the need to annul the Amnesty Law.

BackgroundIn January Michelle Bachelet became the first womanpresident of Chile. She took office in March pledging toadvance social equality and the promotion andprotection of fundamental rights, to promote aNational Programme of Human Rights and to take the

legal and judicial steps necessary to secure truth andjustice for past human rights violations.

In May, the Chilean Supreme Court released formerPeruvian President Alberto Fujimori on bail pending adecision on whether to extradite him to Peru where hewas accused of corruption and human rights violations.By the end of the year, no decision had been reachedand he remained in Chile under an arraignment orderwhich prevented him from leaving the country.

In December, Augusto Pinochet, who governed Chilebetween 1973 and 1990 following a coup, died inSantiago. Under his government gross human rightsviolations considered crimes against humanity werecommitted. At the time of his death he was facingcharges in Chilean courts in relation to a financialinquiry (the Riggs case) and four human rights cases –the Prats case, Villa Grimaldi, Operation Colombo andthe Caravan of Death – in which thousands of peoplewere subjected to torture, extrajudicial executions andenforced disappearance. He never attended anyjudicial hearings in any Chilean court.

Indigenous peopleThere were reports of ill-treatment of members of theMapuche Indigenous group. In May, a number ofMapuche detainees staged hunger strikes in protest atthe unfair application of anti-terrorist laws.b In July, uniformed police officers (carabineros)raided the Indigenous Mapuche community ofTemucuicui in Ercilla, Malleco Province. The policeclaimed that they were searching for stolen animals,but the community denied that stolen animals werebeing held on community land. Police reportedly firedtear gas, rubber bullets and live ammunition atmembers of the community, who were unarmed.Several people were injured and a number of homesdestroyed. Children were affected by the tear gas andseveral escaped to nearby hills. Women and childrenwere ill-treated. The community had been subjected tosimilar police actions earlier in the year. At the end ofthe year, no investigation was known to have beeninitiated into the July raid.b In December, police reportedly fired onTemucuicui Mapuche individuals who were collectingtheir salaries in the city of Ercilla, IX Region. Up to sixcivilians were believed to have been injured, includinga number of children.

DemonstrationsSecondary-school students demonstrated and went onstrike in May, June and October to demand a completeoverhaul of the education system and the end ofdisparities between public and private schools. Therewere clashes with the police and hundreds of peoplewere briefly detained. There were reports of excessiveuse of force by police against student demonstratorsand journalists.

Prison conditionsThere were reports of harsh conditions, overcrowding,lack of medical attention, ill-treatment and corruptionby prison guards. The case of 80 detainees in Santiago


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Prison who were forced to sleep in the open wasconsidered by the Santiago Appeals Court in June. Aprotection request was submitted on behalf of thesemen by lawyers working for the Paternitas Foundation,a non-governmental organization.

Amnesty LawIn September the Inter-American Court of HumanRights ruled that the application of the amnestyprovisions of the 1978 Amnesty Law were notadmissible and such provisions could not be applied tocrimes against humanity. The judgment related to thecase of Luis Alfredo Almonacid Arellano who wasarrested and shot by police in September 1973. By theend of the year President Bachelet had made nodecision on whether the Amnesty Law should beannulled, repealed or amended by new legislationwhich would limit its application.

AI country reports/visitsReports• Peru/Chile: 20,000 signatures collected as a result of

the international campaign on the Fujimori case (AI Index: AMR 46/008/2006)

• Chile: Medical Concern (AI Index: AMR 22/002/2006)• Chile: Death of Pinochet is not the end of the story

(AI Index: AMR 22/004/2006)

CHINAPEOPLE’S REPUBLIC OF CHINAHead of state: Hu JintaoHead of government: Wen JiabaoDeath penalty: retentionistInternational Criminal Court: not ratified

An increased number of lawyers and journalists wereharassed, detained, and jailed. Thousands of peoplewho pursued their faith outside officially sanctionedchurches were subjected to harassment and many todetention and imprisonment. Thousands of peoplewere sentenced to death or executed. Migrants fromrural areas were deprived of basic rights. Severerepression of Uighurs in the Xinjiang UighurAutonomous Region continued, and freedom ofexpression and religion continued to be severelyrestricted in Tibet and among Tibetans elsewhere.

International communityBefore China’s election to the new UN Human RightsCouncil, it made a number of human rights-relatedpledges, including ratification of the InternationalCovenant on Civil and Political Rights and active

co-operation with the UN on human rights. Chinesecompanies continued to export arms to countrieswhere they were likely to be used for serious humanrights abuses, including Sudan and Myanmar.

Human rights defendersThe government crackdown on lawyers and housingrights activists intensified. Many human rightsdefenders were subjected to lengthy periods ofarbitrary detention without charge, as well asharassment by the police or by local gangs apparentlycondoned by the police. Many lived under nearconstant surveillance or house arrest and members oftheir families were increasingly targeted. Newregulations restricted the ability of lawyers torepresent groups of victims and to participate incollective petitions.b Gao Zhisheng, an outspoken human rights lawyer,had his law practice suspended in November 2005. Hewas detained in August 2006 and remained inincommunicado detention at an unknown locationuntil his trial in December 2006. In October he wasformally arrested on charges of “inciting subversion”,and in December he was sentenced to three years’imprisonment, suspended for five years.

Journalists and Internet usersThe government’s crackdown on journalists, writers,and Internet users intensified. Numerous popularnewspapers and journals were shut down. Hundreds ofinternational websites remained blocked andthousands of Chinese websites were shut down. Dozensof journalists were detained for reporting on sensitiveissues.

The government strengthened systems for blocking,filtering, and monitoring the flow of information. Newregulations came into effect requiring foreign newsagencies to gain approval from China’s official newsagency in order to publish any news. Many foreignjournalists were detained for short periods.

Discrimination against rural migrantsRural migrant workers in China’s cities faced wide-ranging discrimination. Despite official commitment toresolve the problem, millions of migrant workers werestill owed back pay. The vast majority were excludedfrom urban health insurance schemes and could notafford private health care. Access to public educationremained tenuous for millions of migrant children, incontrast to other urban residents. An estimated 20 million migrant children were unable to live withtheir parents in the cities in part because of insecureschooling.b Beijing municipal authorities closed dozens ofmigrant schools in September, affecting thousands ofmigrant children. While authorities claimed to havetargeted unregistered and sub-standard schools,onerous demands made it nearly impossible formigrant schools to be registered. Some school staffbelieved the closures were aimed at reducing themigrant population in Beijing ahead of the 2008Olympics.


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Violence and discrimination against womenViolence and discrimination against women remainedsevere. The disadvantaged economic and social statusof women and girls was evident in employment, healthcare and education. Women were laid off in largernumbers than men from failing state enterprises.Women accounted for 60 per cent of rural labourersand had fewer non-agricultural opportunities thanmen. The absence of gender-sensitive anti-HIV/AIDSpolicies contributed to a significant rise in femaleHIV/AIDS cases in 2006. Only 43 per cent of girls in ruralareas completed education above lower middle school,compared with 61 per cent of boys.

Despite strengthened laws and government effortsto combat human trafficking, it remained pervasive,with an estimated 90 per cent of cases being womenand children trafficked for sexual exploitation.b Chen Guangcheng, a blind, self-trained lawyer,was sentenced in August to a prison term of fouryears and three months on charges of “damagingpublic property and gathering people to stop traffic”.He had been arbitrarily confined to his home sinceSeptember 2005 in connection with his advocacy onbehalf of women undergoing forced abortions inShandong Province. On appeal, the guilty verdict wasoverturned and the case sent back to the lower courtfor retrial, but the lower court upheld the originalsentence.

Repression of spiritual and religious groupsThe government continued to crack down on religious observance outside officially sanctionedchannels. Thousands of members of undergroundprotestant “house churches” and unofficial Catholicchurches were detained, many of whom were ill-treated or tortured in detention. Members of theFalun Gong spiritual movement were detained andassigned to administrative detention for their beliefs, and continued to be at high risk of torture or ill-treatment.b Bu Dongwei, a Falun Gong practitioner, wasassigned to two and a half years’ Re-education throughLabour in June for “activities relating to a bannedorganization” after police discovered Falun Gongliterature at his home. He had been working for a US aidorganization when he was detained.b Pastor Zhang Rongliang, an underground churchleader who had been repeatedly detained and imprisonedsince 1976, was sentenced in June to seven and a halfyears’ imprisonment on charges of illegally crossing theborder and fraudulently obtaining a passport.

Death penaltyThe death penalty continued to be used extensively topunish around 68 crimes, including economic and non-violent crimes. Based on public reports, AI estimatedthat at least 1,010 people were executed and 2,790sentenced to death during 2006, although the truefigures were believed to be much higher.

The National People’s Congress passed a lawreinstating a final review of all death penalty cases bythe Supreme People’s Court from 2007. Commentators

believed this would lead to a reduction in miscarriagesof justice and use of the death penalty.

Executions by lethal injection rose, facilitating theextraction of organs from executed prisoners, alucrative business. In November a deputy ministerannounced that the majority of transplanted organscame from executed prisoners. In July new regulationsbanned the buying and selling of organs and requiredwritten consent from donors for organ removal.b Xu Shuangfu, the leader of an unofficial Protestantgroup called “Three Grades of Servants”, was executedalong with 11 others in November after being convictedof murdering 20 members of another group, “EasternLightning”, in 2003-4. Xu Shuangfu reportedly claimedthat he had confessed under torture during policeinterrogation and that the torture had includedbeatings with heavy chains and sticks, electric shocksto the toes, fingers and genitals and forced injection ofhot pepper, gasoline and ginger into the nose. Both thefirst instance and appeal courts reportedly refused toallow his lawyers to introduce these allegations asevidence in his defence.

Torture, arbitrary detention and unfair trialsTorture and ill-treatment remained widespread.Common methods included kicking, beating, electricshocks, suspension by the arms, shackling in painfulpositions, cigarette burns, and sleep and fooddeprivation. In November a senior official admittedthat at least 30 wrongful convictions handed downeach year resulted from the use of torture, with thetrue number likely being higher. There was noprogress in efforts to reform the Re-educationthrough Labour system of administrative detentionwithout charge or trial. Hundreds of thousands ofpeople were believed to be held in Re-educationthrough Labour facilities across China and were at riskof torture and ill-treatment. In May 2006, the Beijingcity authorities announced their intention to extendtheir use of Re-education through Labour as a way tocontrol “offending behaviour” and to clean up thecity’s image ahead of the Olympics.b Ye Guozhu was sentenced to four years’imprisonment in 2004 for his opposition to forcedevictions in Beijing associated with construction for theOlympic games. It emerged during 2006 that Ye hadbeen tortured while in detention. He was reportedlysuspended from the ceiling by the arms and beatenrepeatedly by police in Dongcheng district detentioncentre, Beijing, and also reportedly tortured in anotherprison in the second half of 2005.

Uighurs in the Xinjiang Uighur AutonomousRegionGovernment authorities in Xinjiang continued toseverely repress the Uighur community and to denytheir human rights, including freedom of religion andaccess to education. An increased number of Uighurswere extradited to China from Central Asia, reflectinggrowing pressure by China on governments in theregion. Seventeen Uighurs remained in detention inGuantánamo Bay.


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b The family of exiled former prisoner of conscienceRebiya Kadeer continued to be targeted by the Chineseauthorities. On 26 November her son AblikimAbdiriyim, detained in Xinjiang awaiting trial oncharges of “subversion” and tax evasion, was seenbeing carried out of Tianshan District Detention Centre, apparently in need of medical attention. On 27 November her sons Alim and Kahar Abdiriyim werefined heavily and Alim sentenced to seven years’imprisonment on charges of tax evasion.b Husein Celil, a Canadian citizen who fled China inthe 1990s as a refugee, was arrested in Uzbekistan andextradited to China in June. He was reportedly accusedof “terrorism” and denied access to family or consularrepresentatives.

TibetansTibetans in the Tibet Autonomous Region and otherareas experienced severe restrictions on their rights tofreedom of religious belief, expression and association,and discrimination in employment. Many weredetained or imprisoned for observing their religion orexpressing opinions, including Tibetan Buddhist monksand nuns. Excessive use of force against Tibetansseeking to flee repression in Tibet continued. InSeptember witnesses saw Chinese border patrol guardsshooting at a group of Tibetans attempting to reachNepal. At least one child was confirmed killed.b Woeser, a leading Tibetan intellectual, had herweblog shut down several times after she raisedquestions about China’s role in Tibet.b Sonam Gyalpo, a former monk, was sentenced to 12 years’ imprisonment in mid-2006 for “endangeringstate security” after the authorities found videos of theDalai Lama and other “incriminating materials” in hishouse. His family learned of his trial and sentencingwhen they tried to visit him in detention.

North Korean refugeesApproximately 100,000 North Koreans were reportedlyhiding in China. The authorities arrested and deportedan estimated 150-300 each week without ever referringcases to UNHCR, the UN refugee agency. They alsoreportedly implemented a system of rewards forturning in North Koreans and heavy fines forsupporting them. In September a new crackdown wasreported on North Koreans residing illegally in China.

Abuse of North Korean women in China was widelyreported, including cases of systematic rape andprostitution. North Korean women were reportedlysold as brides to Chinese men for between US$880 andUS$1,890. Some women knew they were being sold intomarriage but did not know how harsh conditions inChina would be. Others were lured across the border bymarriage brokers posing as merchants.

Hong Kong Special Administrative RegionAll 14 South Koreans charged with “unlawful assembly”after protesting outside World Trade Organizationmeetings in December 2005 were acquitted in early 2006,sparking renewed calls for an independent inquiry intothe actions of the police during the protests.

The UN Human Rights Committee and the UNCommittee on the Elimination of Discrimination againstWomen reviewed the human rights situation in HongKong in March and August respectively. Both madeseveral recommendations for reform.

In September, the Hong Kong Court of Appeal uphelda lower court ruling that laws providing a higher age ofconsent for sexual relations for gay men than forheterosexuals were discriminatory. The authoritiesannounced that they would not appeal the case further.

Asylum-seekers continued to be refused entrywithout adequate consideration of their claims. Otherswere detained for over-staying their visas or otherimmigration offences. Despite lobbying from humanrights and social welfare groups, the authoritiesconfirmed that there were no plans to extend the UNRefugee Convention to Hong Kong. The authoritiesbegan to offer limited welfare assistance to asylum-seekers after UNHCR ceased its funding in May, but thiswas reportedly insufficient to meet basic needs.

AI country reports/visitsReports• People’s Republic of China: Abolishing “Re-education

through Labour” and other forms of administrativedetention – An opportunity to bring the law into linewith the International Covenant on Civil and PoliticalRights (AI Index: ASA 17/016/2006)

• People’s Republic of China: Sustaining conflict andhuman rights abuses – The flow of arms accelerates(AI Index: ASA 17/030/2006)

• People’s Republic of China: The Olympics count-down – failing to keep human rights promises (AI Index: ASA 17/046/2006)

• Undermining freedom of expression in China: therole of Yahoo!, Microsoft and Google (AI Index: POL30/026/2006)

VisitsAI representatives attended several human rights-related meetings in Beijing and Shenzhen.


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COLOMBIAREPUBLIC OF COLOMBIAHead of state and government: Álvaro Uribe VélezDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Serious human rights abuses remained at high levels,especially in rural areas, despite continued reductionsin certain types of violence associated withColombia’s long-running internal armed conflict, inparticular kidnappings and killings. All parties to theconflict — the security forces and army-backedparamilitaries as well as guerrilla groups, mainly theRevolutionary Armed Forces of Colombia (FuerzasArmadas Revolucionarias de Colombia, FARC) andthe smaller National Liberation Army (Ejército deLiberación Nacional, ELN) — continued to abusehuman rights and breach international humanitarianlaw. They were responsible for war crimes and crimesagainst humanity. There was a fall in the number ofpeople newly displaced by the conflict, but the largenumber of displaced people remained a concern.There were further attacks on trade unionists andhuman rights defenders, mainly by paramilitarygroups. Extrajudicial executions by members of thesecurity forces, and selective killings of civilians andkidnappings by guerrilla forces continued to bereported.

BackgroundPresident Álvaro Uribe Vélez won a second term ofoffice in elections held in May. Congressional electionswere held in March, with President Uribe’s allieswinning a majority of seats in both houses.

Speculation that the government and the FARC wereabout to agree an exchange of FARC prisoners forhostages held by the guerrilla group were dashed afterPresident Uribe blamed the FARC for detonating anexplosive device on 19 October inside the NuevaGranada Military University in Bogotá; at least 20people were injured in the blast. The ELN andgovernment representatives held a fourth round ofpreliminary peace talks in October in Cuba.

By the end of the year, the government reported thatmore than 30,000 paramilitaries had laid down theirarms in a controversial government-sponsoreddemobilization process. In July, the Constitutional Courtruled that key parts of the Justice and Peace Law –designed to regulate the demobilization process andcriticized by human rights organizations – wereunconstitutional. In September, the government issueda decree to implement the Justice and Peace Law.Although it had been amended in the light of some of thecriticisms levelled by the Court, concerns remained thatthe Law would exacerbate impunity and deny victimstheir right to truth, justice and reparation. Despite thesupposed demobilization, there was strong evidencethat paramilitary groups continued to operate and to

commit human rights violations with the acquiescenceof or in collusion with the security forces. In November,three legislators were arrested for their alleged links toparamilitaries. Several other legislators and politicalfigures were also reportedly under investigation by theSupreme Court of Justice at the end of the year.

Abuses by paramilitary groups continuedespite supposed demobilizationThe Organization of American States Mission to Supportthe Peace Process in Colombia published a report inAugust. This stated that some demobilizedparamilitaries had regrouped as criminal gangs, thatothers had failed to demobilize, and that newparamilitary groups had emerged. Paramilitariescontinued to commit human rights violations in areaswhere they had supposedly demobilized. More than3,000 killings and enforced disappearances of civilianswere attributed to paramilitary groups since theydeclared a “ceasefire” in 2002.b On 11 February, demobilized paramilitariesbelonging to the Bloque Noroccidente allegedly killedsix peasant farmers in Sabanalarga Municipality,Antioquia Department.

Application of the Justice and Peace LawIn September the government promulgated Decree 3391which revived some of the more controversial elementsof the Justice and Peace Law.

Of particular concern was the inclusion of “ruralreinsertion” programmes by which the government willfinance agro-industrial projects which bring togetherpeasant farmers, displaced people and demobilizedparamilitaries. This could result in peasant anddisplaced communities working alongside those whoforced them off their lands and committed humanrights violations against them and lead to thelegalization of ownership of lands taken byparamilitaries by force. Decree 3391 also failed to adoptmeasures that would identify and bring to justice thirdparties, including members of the security forces andpoliticians, who have supported paramilitary groups,both logistically and financially.

The Justice and Peace Law, which still failed to meetinternational standards on truth, justice andreparation, was to be applied only to around 2,600 ofthe more than 30,000 paramilitaries who hadreportedly demobilized. The vast majority ofparamilitaries had benefited from de facto amnestiesunder Decree 128 of 2003. On 6 December, theparamilitaries announced they were withdrawing fromthe “peace process”. This followed the government’sdecision, taken on 1 December, to transfer 59supposedly demobilized paramilitary leaders from low-security accommodation in a former holiday camp in LaCeja, Antioquia Department, to the high-security prisonof Itagüí in the same Department. The governmentclaimed that the paramilitaries had ordered severalkillings from La Ceja. On 19 December, SalvatoreMancuso became the first high-ranking leader of theparamilitaries to testify before the Office of theAttorney General’s Justice and Peace Unit. The Unit was


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set up under the Justice and Peace Law to investigatehuman rights abuses committed by those wishing toqualify for the procedural benefits granted by the Law.

Collusion between paramilitaries and state officialsScandals involving links between paramilitaries andhigh-ranking members of state institutions threatenedto further undermine confidence in the rule of law.b In November, the Office of the Procurator Generalaccused the former director of the Civilian IntelligenceDepartment (Departamento de Administración deSeguridad, DAS) of having links with paramilitarygroups. The allegations stemmed from claims,published in the media in April by another DAS official,that the DAS had provided a list of 24 trade unionleaders to the paramilitary group Bloque Norte. Severalindividuals named on the list were killed, others werethreatened, while some were reportedly the subject ofarbitrary judicial proceedings.b On 9 November, the Supreme Court of Justiceordered the arrest of three congressmen from SucreDepartment, Álvaro García Romero, Jairo Merlano andErik Morris Taboada, for their alleged links toparamilitary groups and, in the case of Álvaro GarcíaRomero, for allegedly ordering the massacre byparamilitaries of some 15 peasant farmers in Macayepo,Bolívar Department in 2000. Later in the month theSupreme Court ordered that a further six congressmenanswer charges over their alleged links to paramilitarygroups.

Press reports in November suggested that the Officeof the Attorney General was reviewing more than 100cases of alleged collusion between paramilitaries andstate officials, including political figures, members ofthe public and judicial administration, and the securityforces. In November, the Office of the ProcuratorGeneral also announced the creation of a special unitto investigate alleged links between public employeesand paramilitaries.

Paramilitary groups continued to commit humanrights violations in collusion with, or with theacquiescence of, members of the security forces.b On 4 February, community leader Alirio SepúlvedaJaimes was killed close to a police station in SaravenaMunicipality, Arauca Department. The gunman, thoughtto be a paramilitary, was reportedly linked to the localarmy battalion. Alirio Sepúlveda was one of around 40social and human rights activists detained by theauthorities in Saravena in 2002.

Exhumations of mass gravesMore than 80 mass graves were found containing theremains of some 200 people killed by paramilitarygroups over the course of the conflict. The Justice andPeace Unit claimed the remains of some 3,000 victims ofenforced disappearance were still to be located,although this was thought to be a substantialunderestimate. Concerns were raised that some of theexhumations may have been undertaken in a mannerwhich jeopardized forensic evidence and that remains inofficial custody were being stored in precarious

conditions. There were also concerns regarding the lackof positive identification of remains and appropriateforensic analysis of the evidence. Paramilitaries hadreportedly removed remains from some mass graves.

ImpunityImpunity remained a serious problem, and the militaryjustice system continued to deal with human rightscases involving military personnel despite the 1997ruling of the Constitutional Court that such cases mustbe investigated by the civilian justice system.However, some cases were transferred to the civilianjustice system. Among them was the killing by soldiersof 10 members of the judicial police (the DIJIN),together with a police informer and a civilian, inJamundí, Valle del Cauca Department, on 22 May. TheOffice of the Attorney General charged 15 members ofthe army for their alleged role in the killings, whichwere reported to have been carried out at the behestof drug traffickers with links to paramilitary groups.Judicial investigators involved in the case werereportedly threatened.

The Inter-American Court of Human Rights issuedrulings on emblematic cases of impunity involvingmassacres carried out by paramilitary groups allegedlywith the collusion or acquiescence of the securityforces. These included the Pueblo Bello massacre of1990 in which 43 civilians were killed or forciblydisappeared, and the La Granja and El Aro massacres of1996 and 1997, in which 19 people were killed. In bothcases, the Court held the Colombian state partlyresponsible and ordered it to make reparations to thevictims and their families.

The security forcesThere were continued allegations of extrajudicialexecutions carried out by the security forces.b On 19 September, army soldiers reportedly killedcommunity and labour activist Alejandro Uribe Chacónin Morales Municipality, Bolívar Department.b On 14 April, peasant farmer Adrián Cárdenas Marínwas reportedly detained by army troops in ArgeliaMunicipality, Antioquia Department. On 15 April, thearmy reported that Adrián Cárdenas had been killed incombat a short distance from the town of Argelia.

A number of human rights cases involving the armyreceived national media coverage.b On 25 January, 21 soldiers were reportedly tortured,including sexually, by their superiors in an initiationceremony at a military training facility in Piedras,Tolima Department. The case was being investigated bythe civilian justice system at the end of the year.b The Office of the Procurator General began aninvestigation into the alleged role of army personnel ina number of bomb plots in Bogotá in July and August,including a car bomb which killed one civilian andinjured 19 soldiers on 31 July and which the authoritieshad attributed to the FARC.

The security forces, including the Mobile Anti-RiotSquad (Escuadrón Móvil Anti-Disturbios, ESMAD), werealleged to have used excessive force during massdemonstrations by peasant farmers and Afro-descendant


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and Indigenous protesters on 15 and 16 May in Cauca andNariño Departments. At least one demonstrator died and50 were injured, including several members of thesecurity forces and a 12-year-old child.b On 8 March, ESMAD agents reportedly injuredseveral students at the National University in Bogotáwhen they dispersed a student demonstration. Duringthe demonstration students threw stones at police. One student, Oscar Leonardo Salas, reportedly died on9 March after sustaining head injuries from a projectileallegedly fired by the ESMAD.

Guerrilla groupsThe FARC and ELN continued to commit serious andrepeated breaches of international humanitarian law,including hostage-taking and the killing of civilians.b On 9 October, the bodies were found of fourpeasant farmers who had been kidnapped by the ELN inFortul Municipality, Arauca Department. BetweenMarch and August, the FARC and ELN allegedly killedmore than 20 civilians in Arauca Department.b On 27 February, FARC guerrillas allegedly killed eightmunicipal councillors in Rivera Municipality, HuilaDepartment, while they were attending a council meeting.b On 25 February, the FARC allegedly attacked a busin Caquetá Department in which at least nine civilianswere killed, including two children.

The FARC also allegedly carried out disproportionateand indiscriminate attacks which resulted in the deathsof numerous civilians.b On 6 March, an attack using explosive deviceskilled three civilians, including a 76-year-old womanand an eight-year-old boy in San Vicente del CaguánMunicipality, Caquetá Department. The governmentattributed the attack to the FARC.

The FARC and ELN continued to forcibly recruitminors and landmines placed by guerrilla groupscontinued to kill and maim civilians.b On 2 August, landmines, allegedly placed by theFARC, killed six civilians working on a government cocaeradication programme and five police officers, in LaMacarena Municipality, Meta Department.

Trade unionists, human rights defenders and other activistsHuman rights, social and community activists continuedto be targeted, mainly by paramilitary groups and thesecurity forces, but also by guerrilla groups. More than70 trade union members were killed in 2006.b In September, the FARC allegedly tortured andkilled Fabián Trellez Moreno, a community leader andlegal representative of the Boca de Bebará LocalCommunity Council in Medio Atrato Municipality,Chocó Department.b In May, in the run-up to the presidential elections,trade unionists, left-wing party activists, human rightsand peace non-governmental organizations (NGOs)and university students and staff received e-mail deaththreats, reportedly from groups claiming to be newparamilitary structures.b On 2 January, the body of trade unionist CarlosArciniegas Niño was discovered in Puerto Wilches

Municipality, Santander Department. He had beenmissing since 30 December 2005. His body reportedlyshowed signs of torture. The killing was attributed to the paramilitary Bloque Central Bolívar (BCB). On 31 August, the BCB allegedly sent a written death threatto the CUT trade union confederation (Central Unitariade Trabajadores) in Bucaramanga, SantanderDepartment, despite the fact that the BCB hadsupposedly demobilized by 1 March.

Civilian communities at riskAfro-descendant, Indigenous and peasant farmercommunities, as well as civilians living in areas ofintense military conflict, continued to be at particularrisk of attack by all parties to the conflict. More than770 civilians were killed or forcibly disappeared duringthe first half of the year. More than 219,000 people wereforcibly displaced in 2006, compared with 310,000 in2005. More than 45 members of Indigenouscommunities were killed in the first half of 2006.b On 9 August, unknown gunmen killed five membersof the A’wa Indigenous community in BarbacoasMunicipality, Nariño Department.b On 5 and 6 March, the FARC allegedly killed JuanRamírez Villamizar, the former Indigenous governor ofthe resguardo (reservation) of Makaguán de CañoClaro, Arauca Department, and his wife Luz MiriamFarías, a schoolteacher in the resguardo’s school.

Members of “peace communities” and “humanitarianzones”, and of other communities which continued topublicly assert their right not to be drawn into theconflict, were threatened and killed.b On 16 August, paramilitaries reportedlyapproached inhabitants of the Curvaradó River Basinarea of Chocó Department, and informed them thatparamilitaries were planning to kill Enrique Petro, amember of the Afro-descendant CurvaradóHumanitarian Zone. In March, members of the armedforces had reportedly accused Enrique Petro of beinglinked with guerrillas. The paramilitaries also statedthat they were preparing to kill other members of theCurvaradó Humanitarian Zone.b The body of Nelly Johana Durango, a member of thePeace Community of San José de Apartadó, AntioquiaDepartment, was identified on 15 March by a familymember in Tierra Alta, Córdoba Department. Witnessesclaimed that she had been taken from her home by thearmy on 4 March. The army claimed she was a guerrillakilled in combat. More than 160 peace communitymembers have been killed since 1997, mostly byparamilitary groups and the security forces, but also byguerrilla groups.

KidnappingsKidnappings continued to fall, from 800 in 2005 to 687in 2006. Guerrilla groups, mainly the FARC, wereresponsible for most conflict-related kidnappings,accounting for some 200 kidnappings. Ten wereattributed to paramilitary groups and 267 to commoncriminals. About 200 kidnappings could not be attributed.b On 26 June in Antioquia Department, the FARCallegedly kidnapped Camilo Mejía Restrepo, his wife


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Rosario Restrepo, their son and a nephew. In their effortsto flee from the authorities, the kidnappers were allegedto have killed Camilo Mejía and injured the nephew.b On 7 June, the ELN allegedly kidnapped JavierFrancisco Castro in Yondó Municipality, AntioquiaDepartment. The ELN reportedly accused him of havinglinks with the security forces. No information wasreceived by the end of the year as to whether he hadbeen released.b On 27 April, armed men killed Liliana GaviriaTrujillo, sister of former President César Gaviria Trujillo,and her bodyguard, Fernando Vélez Rengifo, inDosquebradas, Risaralda Department, in what appearedto be a botched kidnap attempt. The authorities claimedthe kidnapping was ordered by the FARC.

Violence against womenCombatants continued to kill, sexually abuse, kidnapand threaten women and girls.b On 22 October, 10 army soldiers allegedly enteredthe home of a woman in Puerto Lleras Municipality,Meta Department. Subsequently, four of the soldiersreportedly raped her in front of her three-year-old son.The woman was reportedly threatened after shereported the rape to the authorities.b On 9 April, a guerrilla member allegedly raped awoman in Fortul Municipality, Arauca Department.b On 21 March, paramilitaries reportedly raped andkilled Yamile Agudelo Peñaloza of the Popular Women’sOrganization (Organización Femenina Popular), inBarrancabermeja, Santander Department. Her bodywas found the next day.

US military aidIn 2006, US assistance to Colombia amounted to anestimated US$728 million, approximately 80 per cent ofwhich was military and police assistance. In June, the USCongress put a hold on US$29 million because ofconcerns with the US administration’s failure to consultadequately with Congress regarding the certificationprocess. Under the certification process, 25 per cent ofaid is dependent on progress by the Colombiangovernment and state authorities on certain humanrights indicators. Despite Congress’ decision, the fundswere released by the State Department. However, theState Department subsequently agreed to meet with theCongress and representatives of the US human rightscommunity to discuss concerns about the certificationconsultation process and recommendations forimproving it. Some US$17 million went to support thedemobilization process with some US$5 million going tothe Justice and Peace Unit. Human rights conditions forthe release of such funding were maintained.

Office of the UN High Commissioner forHuman RightsDespite reported efforts by the Colombian governmentto weaken the mandate of the Office in Colombia of theUN High Commissioner for Human Rights (UNHCHR),especially in relation to its monitoring role, thegovernment and the UNHCHR announced in Septemberthat the full mandate would be extended for a further 12

months. The latest report on Colombia of the UNHCHR,published in January, urged the government toimplement UN human rights recommendations and toadopt the long-promised national human rights actionplan and increase protection for human rightsdefenders. It called on the parties to the conflict torespect the right to life and to refrain fromindiscriminate attacks, kidnappings, recruitment ofchild soldiers, and sexual violence. The report alsorecommended that legislation on the demobilization ofmembers of illegal armed groups be made consistentwith human rights principles including the right ofvictims to truth, justice and reparation. The HighCommissioner presented the report to the secondregular session of the UN Human Rights Council on 28 September.

AI country visits/reportsReports• Colombia: Reporting, campaigning and serving

without fear – The rights of journalists, electioncandidates and elected officials (AI Index: AMR23/001/2006)

• Colombia: Open letter to the presidential candidates(AI Index: AMR 23/013/2006)

• Colombia: Fear and intimidation – The dangers ofhuman rights work (AI Index: AMR 23/033/2006)

VisitsAI delegates visited the country in February, March andOctober.

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REPUBLIC OF CONGOHead of state: Denis Sassou-NguessoHead of government: Isidore MvoubaDeath penalty: abolitionist in practiceInternational Criminal Court: ratified

At least 12 men arrested in early 2005 continued tobe detained without trial. Two human rightsdefenders were arrested and their trial on charges ofabuse of trust concluded in December. Three asylum-seekers from the Democratic Republic of the Congo(DRC) were still detained without charge or trialafter nearly three years. There were allegations oftorture and ill-treatment of detainees.

BackgroundThe National Resistance Council (Conseil national derésistance, CNR) retained its arms and bases in the Poolregion in the south, despite a 2003 peace agreement,


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and reports continued of looting and lawlessness by itscombatants.

In January, President Sassou-Nguesso became chairof the African Union Assembly of Heads of State andGovernment.

Political detaineesFormer army Colonel Serge André Mpassi and at least 11other members or former members of the securityforces, arrested in early 2005, remained in detentionwithout trial. A further 13 political detainees arrested atthe same time had been released provisionally by thestart of 2006. Some of the 25 were charged in 2005 withinvolvement in the theft of military weapons, and allwere charged with plotting to overthrow thegovernment. In March the prosecutor of the BrazzavilleHigh Court reportedly told the remaining detainees thatan examining magistrate had concluded they had nocase to answer. However, by the end of 2006, theauthorities had not withdrawn the charges or releasedthe remaining detainees.b By the end of 2006, there had still been noinvestigation into allegations that Army SergeantFrancis Ngolo Ngapene was tortured at a militaryairbase in Pointe-Noire shortly after his arrest inFebruary 2005, sustaining injuries that included abroken arm. He remained in Brazzaville’s Central Prison.

Detention and prosecution of human rightsdefendersb Human rights defenders Brice Mackosso andChristian Mounzéo were detained on 7 April. The twomen, co-ordinators of an anti-corruption coalition ofcivil society groups known as Publish What You Pay,appeared to have been detained because of theirhuman rights work, which included investigating anddenouncing embezzlement of oil revenues bygovernment officials. They were held at the centralprison in Pointe-Noire. After the arrests, policesearched their offices and homes without a warrant,seizing documents and other property. The two menwere provisionally released on 28 April to await trial oncharges of breach of trust, complicity in breach of trustand forgery. A pre-trial judge decided that the breach oftrust charges should be dropped, because there was noevidence of misappropriation of funds, but the trialjudge ruled that the case should continue on the basisof the original charges. The defence challenged thisdecision but the prosecution succeeded inreintroducing the charges. After numerous delays, thetrial concluded in December with the original chargesintact. On 27 December the High Court in Pointe-Noireconvicted them and gave them a suspended one-yearprison sentence and a fine. They appealed againstconviction and sentence. Christian Mounzéo wasbriefly detained in November on his return from a tripto Europe where, according to the Congoleseauthorities, he defamed President Sassou-Nguesso.

Torture and ill-treatmentPolitical detainees and criminal suspects wereallegedly tortured and ill-treated.

b Four men arrested in May on suspicion ofinvolvement in trafficking arms were allegedly beatenrepeatedly by members of the police unit responsiblefor their detention. One of them, Aymar Mouity, wasreportedly suspended by his feet from the ceiling. Thefour were held in the Moukondo detention centre inBrazzaville, in a cramped and dark cell, which reportedlyleft them with damaged eyesight. The men were stillheld without charge or trial at the end of 2006.

Detention and deportation of asylum-seekersb Three former members of the DRC security forcesseeking asylum in the Republic of Congo continued tobe held without charge or trial at the headquarters ofthe military intelligence service. Germain NdabamenyaEtikilome, Médard Mabwaka Egbonde and Bosch NdalaUmba had been arrested in March 2004 on the basis of asecurity agreement between the DRC and the Republicof Congo to crack down on each others’ opponents.However, the Republic of Congo authorities reportedlybelieved the men were DRC spies.b In October, two people who had escaped fromprison in the DRC and another asylum-seeker werearrested in Brazzaville and deported to the DRC. One ofthe two escaped prisoners, Césaire Muzima Mwenyezi,had been serving a life sentence with 18 other formerasylum-seekers deported from Brazzaville to the DRC in2001. They had been convicted of involvement in theJanuary 2001 assassination of then President LaurentDésiré Kabila.

There was no progress in bringing to justice thoseresponsible for the enforced disappearance in mid-1999 of more than 350 refugees who were returningfrom the DRC.

AI country reports/visitsReport• Republic of Congo: Political detainees in legal limbo

(AI Index: AFR 22/003/2006)


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CÔTE D’IVOIREREPUBLIC OF CÔTE D’IVOIREHead of state: Laurent GbagboHead of government: Charles Konan BannyDeath penalty: abolitionist for all crimesInternational Criminal Court: signed

Intense diplomatic efforts, notably by the UN andthe African Union (AU), did not prevent furtherhuman rights abuses by both government securityforces and the New Forces (Forces Nouvelles), thecoalition of armed groups in control of the northsince September 2002. Women were targeted withimpunity by both sides, a situation aggravated bythe lack of a functioning justice system. Supportersof President Laurent Gbagbo continued to inciteviolence against Dioulas, a generic term for anyonewith a Muslim family name originating from thenorth of Côte d’Ivoire or other countries in the sub-region. Hate speech also continued to fuel ethnicclashes in the west of the country. There wereviolent demonstrations targeted at UNpeacekeeping forces, but the presence of about12,000 peacekeepers prevented a resumption ofhostilities. Freedom of expression came underattack from both sides.

BackgroundDespite intense political pressure from theinternational community, the conditions required fora presidential election scheduled for October werenot met. The election was postponed for a secondtime, primarily because of disagreements betweensupporters of President Laurent Gbagbo andopposition parties. The President and his supporters demanded the immediate disarmament of the New Forces, while the opposition insisted on a programme to issue identity documents ahead of the election.

Supporters of President Laurent Gbagbo criticizedthe presence of French and UN peacekeeping forces,repeatedly demanding their departure.

In January, there were anti-UN demonstrationsorganized by Young Patriots (Jeunes Patriotes), aloosely defined movement supporting PresidentGbagbo. UN peacekeepers responded on one occasion,prompting allegations of excessive use of force.

In August, following a scandal surrounding toxicwaste dumped in Abidjan (the economic capital), thegovernment resigned. However, when a newgovernment was formed, only two ministries hadchanged hands.

In October, the UN decided to extend LaurentGbagbo’s mandate for an additional 12 months and toexpand Prime Minister Charles Konan Banny’s powers.At the end of the year efforts to implement the UNdecision were being resisted by President Gbagbo andhis supporters.

Violence against womenSerious human rights abuses against women and girlscontinued to be reported in the government-controlledpart of the country, encouraged by an atmosphere ofimpunity. b In March, a 14-year-old girl was raped in Abidjan bya member of the Command Centre for SecurityOperations (Centre de Commandement des Opérationsde Sécurité, CECOS). A complaint was lodged on herbehalf before the military tribunal, but theinvestigation led to no legal proceedings.

In the part of the country controlled by the NewForces, perpetrators of rape also benefited fromvirtually total impunity.b In May, a 10-year-old girl was raped by the directorof a radio station in Man. Officials close to the NewForces intimidated medical personnel, preventing themfrom issuing a medical certificate confirming the rape.

Alleged excessive use of force by UN forcesIn January, anti-UN demonstrations erupted after adecision by the International Working Group – theinternational mediation group on Côte d’Ivoire – not toextend the mandates of National Assembly members.Demonstrators demanded the departure of the UNOperation in Côte d’Ivoire (UNOCI) and attacked UNvehicles and buildings while the security forcesreportedly stood by passively.b In Guiglo, following demonstrations in front of theUN military compound, UN peacekeepers opened fireon demonstrators, killing five people and wounding atleast 20. Peacekeepers maintained that they acted inself-defence, while supporters of President Gbagboclaimed that the UN forces had fired at unarmeddemonstrators. The UN opened an internal inquiry intothe incident whose findings had not been made publicby the end of 2006.

UN sanctions and embargosThe UN imposed sanctions on individuals responsiblefor inciting hatred and grave human rights violations.b In February, the UN Security Council imposedtargeted sanctions on two leaders of the YoungPatriots, Charles Blé Goudé and Eugene Djué, for theirrole during the January anti-UN demonstrations. It alsoimposed sanctions on Fofié Kouakou, a New Forcescommander, for recruiting child soldiers, imposingforced labour and gross human rights violations byforces under his control.

In October, a report drafted by a UN Group of Expertsconcluded that Ivorian rough diamonds were beingexported in violation of the UN embargo imposed inDecember 2005.

Demobilization at a standstillDespite international pressure, notably from UNOCI,the repeatedly postponed disarmament, demobilizationand reintegration (DDR) programme remaineddeadlocked because of disagreement over thetimetable. Supporters of President Gbagbo wanted DDRto begin immediately, while the opposition refused todisarm until a programme to issue identity documents


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ahead of presidential elections had been implemented.This impasse seemed to have been overcome in mid-May when the two parties agreed on the simultaneouslaunch of the identification and DDR programmes. ByJune, both the National Armed Forces of Côte d’Ivoire(Forces Armées Nationales de Côte d’Ivoire, FANCI) andthe New Forces had reportedly regrouped some 12,000combatants each. However, by August, the UNOCI hadcollected only a limited number of arms from pro-government militias in the west when the New Forcesdeclared that they would suspend disarmament due toobstacles in the identification process. By the end of2006, no further progress on the implementation of theDDR program had been reported.

Human rights violations by security forcesThe security forces were responsible for arbitraryarrests, torture and extrajudicial executions ofdetainees suspected of supporting the New Forces.b In January, in Abidjan, members of the CECOSarrested Dioulas and nationals of neighbouringcountries and accused them of financing the rebels.Some detainees were reportedly tortured and at leastone, Diallo Ouatreni, died as a result.

Several cases of arbitrary arrest, ill-treatment andtorture were reported in the context of widespreadextortion at check points and during inspections ofidentity documents. Dioulas and nationals ofneighbouring countries were reportedly targeted.b In February, Moustapha Tounkara and ArthurVincent, two young mobile phone salesmen, werearrested in Abidjan by members of the CECOS. Theirbodies were found the next day, riddled with bullets.

Abuses by the New ForcesMembers and supporters of the New Forces wereresponsible for human rights abuses, includingarbitrary detention, torture and ill-treatment. Aclimate of impunity prevailed due to the absence of afunctioning judicial system in the north.b In January, Khalil Coulibaly, Fane Zakaria and YeoIbrahime, a former member of the New Forces, werearrested in Korhogo by elements of the New Forces. Aneyewitness saw them in detention, but they thendisappeared.b In August, at least 15 militants of a new party, theNational Union of Ivorians for Renewal (Unionnationale des Ivoiriens du renouveau, UNIR), led byIbrahim Coulibaly, were reported to have beenarbitrarily arrested by New Forces in Seguela, in thenorthwest, and accused of destabilizing the region.Those arrested were reportedly wearing T-shirts in thecolours of their party. They were released one weeklater.

The New Forces also extorted money from civilianson a large scale, severely limiting freedom ofmovement by requiring villagers to pay a “tax” in orderto enter or leave their villages.

Ethnic clashes in the westIn the west, antagonism between the indigenouspopulation and farmers from other regions or from

neighbouring countries, including Burkina Faso,continued to provoke conflict over land ownership andethnic clashes. Xenophobic rhetoric employed bypoliticians and the news media aggravated the hostility.b In March, intercommunal clashes occurred inseveral villages including Gohouo, Zagna, Baïbly andDoekpe alongside the zone controlled by Frenchsoldiers and UNOCI. Clashes broke out after membersof the indigenous Guéré ethnic group attempted torepossess plantations occupied by Burkinabè planters.A number of people were killed and thousandsdisplaced.

Freedom of expression under attackJournalists and media organizations were harassed andattacked by the security forces and by pro-governmentmilitias, notably during the January anti-UNdemonstrations.b In January, Young Patriots attempted to set fire to acar in which journalists of the newspaper 24 Heureswere travelling on their way to a meeting of theInternational Working Group.b In November, members of the security forcesentered the premises of state-owned Ivorian Radio andTelevision (Radio-télévision ivoirienne, RTI) by forceand prevented a statement by Prime Minister CharlesKonan Banny from being rebroadcast. The Director-General and the management board of RTI weredismissed by presidential decree.

Freedom of expression was also limited in the areaheld by the New Forces. In Bouaké, the New Forces’stronghold, certain programmes on national radio andtelevision continued to be banned.b In February, an independent journalist was beatenand forced to crawl 40 metres while being sprayed withwater inside the General Secretariat of the New Forcesin Bouaké.

AI country reports/visitsReports• Côte d’Ivoire: Provide protection to journalists!

(AI Index: AFR 31/002/2006)• Côte d’Ivoire: Clashes between peacekeeping forces

and civilians – lessons for the future (AI Index: AFR31/005/2006)

VisitIn April, an AI delegation visited Côte d’Ivoire toinvestigate reports of human rights abuses during theJanuary 2006 anti-UN demonstrations and the allegeduse of excessive force by UNOCI peacekeeping forces.


CRO

CROATIAREPUBLIC OF CROATIAHead of state: Stjepan Mesi»Head of government: Ivo SanaderDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

The legacy of the 1991-95 war continued toovershadow human rights. Impunity for war crimesremained widespread and the Croatian judicialsystem failed to adequately address wartime humanrights violations, regardless of the ethnicity of thevictims or of the perpetrators. Minorities suffereddiscrimination. Of at least 300,000 Croatian Serbsdisplaced by the conflict, approximately 125,000were officially registered as having returned home.

BackgroundThe first phase of Croatia’s accession to the EuropeanUnion (EU) – the screening by the EU and Croatia of thebody of EU common rights and obligations bindingmember states that candidate countries must accept –was completed in October.

In June parliament amended the Criminal Code toremove imprisonment as a punishment for libel.Although libel remained a criminal offence punishableby a fine, failure to pay the fine would no longer resultin imprisonment.

War crimes and crimes against humanityInternational prosecutionsIn March, Milan Babi» committed suicide in theDetention Unit of the International Criminal Tribunalfor the former Yugoslavia (Tribunal). Sentenced by theTribunal in June 2004 to 13 years’ imprisonment forcrimes committed against the non-Serb population, hewas detained at the Tribunal as a witness in the trial ofMilan Marti», charged with war crimes and crimesagainst humanity for his wartime leadership role inareas under Croatian Serb control.

In April the Tribunal declared Vladimir Kova½evi», aformer commander in the Yugoslav People’s Army, unfitto stand trial on mental health grounds. He faced trialfor war crimes during an attack on the Croatian city ofDubrovnik, including murder, cruel treatment andattacks on civilians.

In March the Tribunal fined Ivica Marija½i», formereditor in chief of the Croatian newspaper Hrvatski list,and Markica Rebi», former head of the Croatian securityservice, for contempt of court. In 2004 they had disclosedthe identity of a protected witness in a closed session in1997 of the trial of former Croatian army General TihomirBla®ki». In September the Tribunal also fined Josip Jovi»,former editor in chief of the Croatian daily newspaper,Slobodna Dalmacija, for contempt of court on similiarcharges. The newspaper had published articles in 2000about testimony by Croatian President Mesi» in a closedsession of the trial of Tihomir Bla®ki».

In October the Appeal Chamber of the Tribunalconfirmed the joining of the cases of Ante Gotovina,Ivan ¼ermak and Mladen Marka½, three formerCroatian army commanders charged with crimesagainst humanity and war crimes against CroatianSerbs, including persecutions, deportation and forcibletransfers, and murder. Also in October, the TrialChamber refused requests by the Republic of Croatia tobe allowed to appear as amicus curiae (adviser to thecourt on points of law) in this and another case againstsix Bosnian Croat former military and political leaders.Domestic prosecutionsMost war crimes trials before local courts were ofCroatian Serb defendants, who were often not presentbefore the court. Despite some steps to investigate andprosecute war crimes against Croatian Serbs,widespread impunity continued for crimes allegedlycommitted by Croatian army and police officers.b The retrial at the Split County Court of eight formermembers of the Croatian Military Police accused oftorturing and murdering non-Croat detainees in Split’sLora military prison in 1992 ended in convictions inMarch. Four of the accused were tried in their absence,and remained at large at the end of 2006. In an initialtrial in 2002, all had been acquitted; the acquittals weresubsequently overturned by the Supreme Court.b In May parliament lifted the immunity fromprosecution of Branimir Glava®, formerly a local leaderin the Osijek region of the ruling Croatian DemocraticUnion, in connection with an investigation into warcrimes against Croatian Serb civilians, includingmurders. The Supreme Court transferred proceedingsfrom Osijek to Zagreb on the grounds that pressure onwitnesses in Osijek could hamper their impartialconduct. In December the investigation was suspendedwhen the health of Branimir Glava® deterioratedfollowing a hunger strike.b In June the trial started at the Osijek County Courtof two suspects charged with war crimes, includingmurders, against Croatian Serbs in and around Osijek.b In October, six former members of a militaryformation were arrested on suspicion of murderingCroatian Serb civilians in Osijek in 1991-92. Followingthe arrests, the Osijek County Court orderedinvestigation of the role of Branimir Glava® in thesecrimes.b In December an indictment was issued by the ZagrebCounty Court in the case of Rahim Ademi and MirkoNorac, transferred by the Tribunal to Croatia inNovember 2005. Reportedly, the delay in issuing theindictment was owing to difficulties in incorporating thecharges in the Tribunal indictment in an indictmentcompatible with Croatian law. Former Croatian armycommanders, the two were charged by the Tribunal withwar crimes against Croatian Serbs during militaryoperations in 1993.

Right to returnAt least 300,000 Croatian Serbs left Croatia or weredisplaced during the 1991-95 war, of whom only some125,000 are officially registered as having returned, afigure widely considered to be an overestimate.


CUB

Croatian Serbs faced discrimination in employmentand in realizing other economic and social rights. Many,especially those who formerly lived in urban areas,could not return because they had lost their tenancyrights to socially-owned apartments.b In March the European Court of Human Rightsdetermined that it did not have jurisdiction to rule in acase, Ble½i» v. Croatia, in which the applicant’soccupancy rights to her flat in Zadar during the war hadbeen terminated. The case illustrated the adversehuman rights consequences of discriminatoryterminations of occupancy rights.b In August the government announced plans tomake 4,000 flats available to former tenancy rightsholders. However, the plan will not be completed until2011 and occupants will not be able to purchase the flatsat a substantially reduced price, unlike the mostlyethnic Croat occupants who have previously been ableto purchase the flats where they lived.

Harassment of Croatian Serbs by private individualsincluded racist graffiti, threats and damage to property.b In April an explosive device was thrown into theorchard of a Croatian Serb returnee in the village of Gaj,near Gospi». The police identified a suspect but theGospi» Public Prosecutor reportedly did not pursue thecase for lack of evidence.b In July four houses of Croatian Serbs in the villageof Biljane Donje, near Zadar, were stoned andsurrounding vegetation set on fire. The incident wascondemned by the government and President. Fourmen were arrested shortly after, and were charged inconnection with the attack.

Violence against womenReported incidence of domestic violence remainedhigh. In June a 25-year-old woman was killed by herhusband, who then committed suicide, while she wasvisiting her child who had been placed in a home forchildren in Zagreb. Before being murdered, she hadreportedly asked the relevant authorities to assist herand protect her from her violent husband. In Augustthe non-governmental organization AutonomousWomen’s House Zagreb filed a complaint againstemployees of local social welfare authorities and twolocal judges for their failure to act to protect thewoman.

Lack of access to education for RomanichildrenMember of Romani communities lacked full access toprimary education, especially in areas not covered bygovernment and other programmes to promote theinclusion of Roma.

Although “Roma only” classes were increasinglyrare, Romani children still experienceddiscriminatory treatment because of teachers’negative stereotyping and low expectations. Romanichildren with little or no command of the Croatianlanguage faced extreme difficulties when they startedschool. The languages spoken by Roma in Croatiawere virtually absent from schools, unlike otherminority languages.



• False starts: The exclusion of Romani children fromprimary education in Bosnia and Herzegovina,Croatia and Slovenia (AI Index: EUR 05/002/2006)

VisitAn AI delegate visited Croatia in March.

CUBAREPUBLIC OF CUBAHead of state and government: Raúl Castro Ruz (provisionally replaced Fidel Castro Ruz in July)Death penalty: retentionistInternational Criminal Court: not ratified

Freedom of expression, association and movementcontinued to be severely restricted. At least 69prisoners of conscience remained imprisoned fortheir political opinions. Political dissidents,independent journalists and human rights activistscontinued to be harassed, intimidated and detained,some without charge or trial. Cubans continued tofeel the negative impact of the US embargo.

BackgroundDuring 2006 Cuba secured a place on the UN HumanRights Council and assumed the presidency of the Non-Aligned Movement during its XIV Summit in Havana inSeptember.

In July, Fidel Castro underwent surgery and for thefirst time since 1959 transferred his responsibilities toother senior officials, including his brother, Raúl CastroRuz. Political opposition parties and activities were nottolerated.

Political relations with the USA remained tensedespite economic exports of agricultural products toCuba exceeding US$500 million. The US Commission forAssistance to a Free Cuba issued an update of itsprevious report in July. The European Union did notreintroduce sanctions lifted in 2005 despite continuedconcerns over the human rights situation in Cuba.

The US government set up a law enforcement taskforce to track down and prosecute those who circumventrestrictions on travelling and commercial exchangeswith Cuba. In November, for the 15th consecutive year,the UN General Assembly passed a resolution calling onthe USA to end its embargo on Cuba.


CYP

The government continued to deny the UN SpecialRapporteur on the human rights situation in Cubaaccess to the country. AI and other independent humanrights organizations were also not allowed to visit.

Prisoners of conscienceAt the end of the year, 69 prisoners of consciencecontinued to be held for their non-violent politicalviews or activities. Twelve others continued to servetheir sentences outside prison because of healthconcerns. No releases of prisoners of conscience werereported during the year.b Orlando Zapata Tamayo was sentenced to threeyears in 2003 on charges of showing “contempt to thefigure of Fidel Castro”, “public disorder” and“resistance”. In November 2005 he was reportedlysentenced to an additional 15 years for “contempt” and“resistance” in prison. In May 2006, he was again triedon the same charges and sentenced to an additionalseven-year term. He was serving a prison sentence of 25 years and six months.

Detention without charge or trialScores of people continued to be held without chargeon suspicion of counter-revolutionary activities or onunclear charges. Their legal status remained unclear atthe end of the year.b Prisoner of conscience Oscar Mariano GonzálezPérez, an independent journalist who was arrested inJuly 2005 as he was about to take part in ademonstration in front of the French embassy,remained in detention without charge or trial.

Freedom of expression and associationSevere restrictions on freedom of expression andassociation persisted. All print and broadcast mediaremained under state control. There was a rise in theharassment and intimidation of independentjournalists and librarians. People suspected of linkswith dissident groups or involved in promoting humanrights were arrested and detained. There was anincrease in arrests on charges of “pre-criminaldangerousness”. Access to the Internet remainedseverely limited outside governmental offices andeducational institutions. Journalist Guillermo Fariñasstaged a seven-month hunger strike to obtain access tothe Internet, without success.b Armando Betancourt Reina, a freelance journalist,was arrested on 23 May as he took notes andphotographs of evictions from a house in the city ofCamagüey. He was charged with public disorder.Armando Betancourt was reportedly heldincommunicado for a week at the police station beforebeing transferred to Cerámica Roja prison in Camagüeyon 6 June. He was awaiting trial at the end of the year.

Harassment and intimidation of dissidentsand activistsThere was an increase in the public harassment andintimidation of human rights activists and politicaldissidents by quasi-official groups in so-called acts ofrepudiation.

b Juan Carlos González Leiva, President of the CubanFoundation for Human Rights, was reportedly thetarget of several “acts of repudiation” – involvinggovernment supporters reportedly acting with thecollusion of the authorities – at his home in the city ofCiego de Avila. He and his family were repeatedlythreatened by demonstrators. Juan Carlos GonzálezLeiva, who is blind, was arrested in March 2002 for“disrespect”, “public disorder”, “resistance” and“disobedience” and spent two years in prison withouttrial. In April 2004 he was sentenced to four years’imprisonment, to be served at his home.

AI country reports/visitsReports• Cuba: Fundamental freedoms still under attack

(AI Index: AMR 25/001/2006)• Cuba: Fear for safety/Fear of torture/intimidation/

harassment – Miguel Valdés Tamayo and Juan CarlosGonzález Leiva (AI Index: AMR 25/002/2006)

VisitsAI last visited Cuba in 1988 and has not been allowedinto the country since.

CYPRUSREPUBLIC OF CYPRUSHead of state and government: Tassos PapadopoulosDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Police officers were caught on camera brutallybeating two unarmed and handcuffed men. Migrantsand asylum-seekers protested at poor detentionconditions and lack of welfare provision. TurkishCypriot students and their teacher were attacked inschool by members of a nationalist youthorganization. The government failed to implementnational action plans to combat domestic violenceand the trafficking of women for the purposes ofsexual exploitation. The murders of two women bytheir partners in October and December spurredpublic discussion about violence against women. Theauthorities failed to conduct an independent,thorough and impartial investigation into the deathof a 26-year-old recruit on national service.

Police ill-treatmentThe new Independent Authority, established in April toinvestigate complaints against the police, assumed itsduties by May. The Independent Authority lacked thenecessary resources to thoroughly investigate allcomplaints received, including those about incidentsthat occurred before it became operational.


CYP

b In April video footage was made public of policeofficers ill-treating Marcos Papageorgiou and Yiannos Nicolaou, both aged 27, in the early hours of 20 December 2005. The two men were reportedlydragged from their cars and handcuffed by plain-clothes officers after they refused to comply withsearch orders and asked to examine officers’ identitycards. A search found no evidence of drug dealing. Thetwo men were allegedly punched and kickedintermittently for about an hour by around fiveofficers from special immediate response and trafficunits while another eight officers from the same unitsand the regular police mocked the suspects.Subsequently charged at a police station with resistingarrest and assaulting the police, Marcos Papageorgiouwas then admitted to hospital for treatment for cranialand arm fractures, and Yiannos Nicolaou, who also hada fractured arm, was detained overnight withouttreatment. Their trial was pending. By the end ofDecember, 11 officers were awaiting trial on a numberof charges, including torture.

Detention of foreign nationalsOn 4 May detainees held in wing 10 of the Central Prisonin Nicosia, which is especially reserved for failedasylum-seekers, protested about the duration of theirdetention – sometimes for over a year – for residing orworking without authorization in the country. Somewere sentenced to prison terms by the courts, but mostwere held in administrative detention. Following theprison protest, groups of asylum-seekers helddemonstrations in Nicosia between 8 and 19 May. Theysaid they were denied the right to work and access tohealth and social benefits while their asylumapplications were being processed. According to mediareports, of an estimated 12,000 asylum-seekers inCyprus in May, only 300 had a right to work and only 350received government support.

Official information was not available about thenumbers of failed asylum-seekers in prison andmigrants detained in police stations around thecountry, or the lengths of such detentions. No stepswere known to have been taken to ensure that therights of asylum-seekers were protected while theirclaims were being examined.

Migrants were unlawfully detained in Limassol.b A Sri Lankan national was detained for two and ahalf months, even though her sentence for workingwithout proper authorization, imposed by a court inMarch, had been six weeks’ imprisonment.b A Filipina national was arrested in April forworking without authorization in a location other thanthe one her employer had stated on the permit. She hadfiled a complaint for breach of contract because shehad been forced to work at the second location.

Violence against womenThe government planned to set up a shelter for victimsof trafficking and domestic violence, but within Nicosiacentral prison. Yet it failed to fulfil funding pledges toallow a local non-governmental organization,Apanemi, to continue operating a shelter for victims of

domestic violence, the organization reported inNovember. Apanemi also criticized the authorities fornot providing effective protection for victims ofdomestic violence or adequate access to justice forforeigners who had been raped, and for failing toproduce national action plans on domestic violence orthe trafficking of women.

Public debate on violence against women followedthe murders of two women by their partners in Octoberand December. Two other women were also murderedby their partners between August and October.According to statistics on domestic violence reportedin the press in November in the context of this debate,18 per cent of murders from 1980 to 2005 resulted fromdomestic violence, and nearly all of the victims werewomen.

In May the UN Committee on the Elimination ofDiscrimination against Women expressed concern atthe lack of training for the judiciary on gender issues;the inadequacy of research and data on the extent andcauses of violence against women; the persistence oftrafficking and sexual exploitation of women; anddiscrimination against women migrants, especiallyregarding contracts, working conditions, and access tojustice.

Racist violenceOn 22 November about 20 students from different highschools in Nicosia, wearing hoods, caps and scarvesover their faces, attacked a group of Turkish Cypriotstudents and their Turkish Cypriot teacher with woodensticks during a class at the English School, a mixedsecondary school. The attack was widely condemned,and by the next day the police had identified andquestioned the perpetrators, all of whom were minorsapart from an 18-year-old, who was charged. Theyouths claimed to represent the organization NationalVoice of Greek-Spirited Youths, which stated on 27November that membership had been withdrawn fromthose that had been members. Police investigationswere continuing at the end of 2006.

Dispute over army deathIn October, an inquest opened into the death inSeptember 2005 of Athanasios Nicolaou, a militaryservice recruit aged 26. The police investigation hadconcluded that his death was suicide, a finding hisfamily disputed. The family believed his death wasrelated to bullying that he had experienced in his unit.The police investigation had not adhered tointernational standards of independence,thoroughness and impartiality, failing to examinecrucial evidence properly. The inquest had notconcluded by the end of 2006.



• Cyprus: Police brutality must not go unpunished (AI Index: EUR 17/001/2006)


CZE

CZECH REPUBLICCZECH REPUBLICHead of state: Václav KlausHead of government: Mirek Topolánek (replaced Ji¦íParoubek in August)Death penalty: abolitionist for all crimesInternational Criminal Court: signed

The Romani minority faced severe discrimination inhousing, education, health care and employment.Roma and other vulnerable groups were reportedlysubjected to police ill-treatment and to racist attacksby private individuals. The European Court of HumanRights ruled that the use of anonymous witnessesbreached the right to a fair trial.

BackgroundThe Civic Democratic Party won inconclusive electionsto the Chamber of Deputies in June. Mirek Topolánekwas appointed to head a minority government. An offerto resign his post after a vote of no confidence in theChamber in October was declined by President Klaus.

On 26 January, the Senate returned an anti-discrimination bill to the Chamber of Deputies. TheSenate opposed the introduction of affirmative actionto assist disadvantaged groups, and considered the billtoo vague. The proposed law was intended to fulfilobligations following the Czech Republic’s accession tothe European Union in 2004. Approval of the bill waspending.

On 10 July, the Czech Republic ratified the OptionalProtocol to the UN Convention against Torture.

Discrimination against RomaRoma face discrimination in access to housing,education and employment, according to the finalreport on the human rights situation of the Roma, Sintiand Travellers in Europe by the Commissioner forHuman Rights of the Council of Europe, published inFebruary. The report found that Romani children wereunjustifiably placed in special schools for children withmental disabilities, and recommended mechanisms toenable women who had been sterilized withoutinformed consent to obtain compensation.

The number of Roma in low-standard housing hasrisen over the last 10 years, according to a report by theMinistry of Labour and Social Affairs in August. Thestudy found no comprehensive governmentprogramme combating social deprivation.b In October, the Chief of Police apologized for themisuse of police powers in the town of Bohumin on 4-6October 2005. Private security guards hired by themunicipality had prevented independent observersfrom entering a hostel where several hundredresidents, many of them Roma, were being targeted forexpulsion by the municipality.

Concerns that Romani children were being taught insegregated classes in primary schools and were over-

represented in special schools were highlighted by theEuropean Monitoring Centre on Racism andXenophobia in a report on Roma and Travellers inpublic education in May. While recognizingimprovements, such as the government’s decision inJanuary to collect anonymous data on the Romacommunity, the report pointed to the need for moreactive state policies.b On 7 February the European Court of Human Rightsrejected a complaint of discrimination in educationbrought by 18 Romani people from Ostrava who hadbeen placed in special elementary schools for childrenwith learning difficulties. The Court concluded that theCzech Republic had not breached the prohibition ondiscrimination and the right to education in theEuropean Convention on Human Rights and the relatedProtocol. The Court said that it could assess onlyindividual complaints, not their social context. Anappeal against the ruling was pending before the GreatChamber of the Court.

Forced sterilization of womenIn May the government criticized a recommendationin the last Ombudsman’s report in 2005 that a law beintroduced to provide compensation for women whowere sterilized without their consent. Therecommendation was not implemented.

The UN Committee on the Elimination ofDiscrimination against Women in August urged thegovernment to implement the Ombudsman’srecommendations. It called for a legal definition ofinformed, free and qualified consent; mandatorytraining of medical professionals and social workerson patients’ rights; and measures to enable victims ofinvoluntary or coercive sterilization to obtaincompensation. The Committee commended theadoption of a national action plan to promote genderequality and new employment legislation prohibitingdiscrimination and sexual harassment, but urgedstronger efforts to overcome persistent anddiscriminatory stereotypes of women.

The European Roma Rights Centre and two localhuman rights groups, the League of Human Rights andLife Together, in a report in August, concluded that legalprotection against discrimination was insufficient andthat women remained vulnerable to serious humanrights abuses.b An appeal lodged in December 2005 was stillpending in the case of Helena Feren½iková, who wassterilized in 2001. In November 2005, a court foundthat Vitkovice hospital had violated her personalrights but refused to award financial compensation onthe grounds that the three-year statute of limitationhad expired.

Police ill-treatmentReports continued of police ill-treatment of vulnerablegroups, particularly Roma. An independent body was stillnot available to investigate complaints of police abuses.b A police officer severely beat Kate¦ina Jacques, aGreen Party electoral candidate and senior governmenthuman rights official, at a demonstration against the far-


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right National Resistance Movement in Prague on 1 May.The officer allegedly threw her to the ground, kicked her,beat her with a truncheon and continued to assault her atthe police station where she was taken for questioning inhandcuffs. After an internal investigation, the Chief ofPolice acknowledged that the police action againstKate¦ina Jacques was inappropriate. The Prime Ministersaid the officer’s intervention was “inexcusable” and heshould leave the police. The officer was reportedlydismissed. Charges against him were withdrawn inNovember on the grounds that the arrest had followedpolice regulations. Kate¦ina Jacques lodged an appealagainst the withdrawal of the charges.b On 30 June, two municipal policemen were allegedto have detained a young Romani man in Brno, drivenhim to the outskirts, beaten him, put an unloaded gunin his mouth and pulled the trigger. They reportedlysuspected him of attacking and robbing the son of oneof the officers and other schoolchildren. In November,they were convicted of beating and torturing the man,and given a suspended two-year prison sentence andbanned from serving as police officers for five years.Both lodged appeals.

Racially motivated attacks on RomaRoma were often the target of racially motivatedattacks, and penalties handed down by the courts didnot reflect the seriousness of the crimes or the racistmotives of the assailants.b On 17 May, three young members of the NationalResistance Movement broke into a block of flats inNeratovice, banging on the doors of Romani residentsand threatening to kill them. Police detained the menon the spot.b On 31 August, three young men had theirsentences for an attack on a Romani couple in Jeseníkincreased by the regional appeals court in Olomouc.Two were given prison terms of three years and threemonths and three years respectively, and the thirdreceived a suspended three-year prison sentence. Apublic outcry had greeted the original suspendedsentences on all three, passed by the district court inJeseník in January 2004.b A two-year suspended sentence on a soldierconvicted of beating a Romani man, imposed by theRegional Court in Plzeò in September, was met withprotests by five Romani organizations.

Fair trial rights deniedOn 28 February the European Court of Human Rightsfound the Czech government had violated the right tofair trial by allowing witnesses to remain anonymous in breach of cross-examination requirements under the European Convention on Human Rights. In response to an appeal lodged on behalf of HasanKrasniki on 2 September 1999, the Court found that,while the use of anonymous witnesses could becompatible with the Convention, in this case it was not.The reliability of anonymous witnesses should betested and the conviction should not rely exclusively ordeterminedly on anonymous statements. Czech law hassince been amended.

Same sex partnershipIn March a law was passed that allowed same-sexcouples to register their partnership after the Chamberof Deputies overrode a veto by President Klaus. The lawaccorded some of the same rights and obligations asmarried couples have, including the rights to raisechildren, to inherit property and to information on thehealth of the partner, and the mutual obligation to paymaintenance. It did not provide the right to adoptchildren.



VisitsAI representatives visited the Czech Republic in Marchand September.

DEMOCRATICREPUBLIC OF THECONGODEMOCRATIC REPUBLIC OF THE CONGOHead of state and government: Joseph KabilaDeath penalty: retentionistInternational Criminal Court: ratified

The Democratic Republic of the Congo (DRC)remained unstable, and several regions of thecountry suffered widespread insecurity and ethnictensions. Sporadic conflict continued in most easternprovinces. Extrajudicial executions and otherunlawful killings, arbitrary arrests, unlawfuldetentions, acts of torture or ill-treatment, and life-threatening prison conditions continued on a dailybasis. Decades of neglect, poor governance andmismanagement of resources, compounded in theeast by war, left essential services and infrastructure,including the justice, health and education sectors,in a state of near-collapse.

BackgroundPresidential and legislative elections held in July andOctober offered some hope that the fragile peace mightbe strengthened, but several armed factions remainedsuspicious of or openly hostile to the peace process.


DEM

The election period was marked by numerous humanrights violations including enforced disappearances,arbitrary arrests, ethnic violence, excessive use offorce by the security forces to break up politicalprotests, and restrictions on freedom of expression andassembly. The announcement of the results of the firstround of presidential elections on 20 August triggeredstreet battles in the capital, Kinshasa, between soldiersloyal to transitional President Joseph Kabila andsupporters of Vice-President Jean-Pierre Bemba, inwhich 23 people were killed.

More than 1.6 million people were internallydisplaced, while 410,000 were living as refugees inneighbouring countries. The volatile security situationcontinued to limit humanitarian access to many areasof eastern DRC. Security in the east and in Kinshasaremained dependent to a large extent on theoverstretched UN peacekeeping force, MONUC, whichcomprised around 17,000 personnel at the year’s end.MONUC was reinforced by a European Union militaryrapid reaction force (EUFor) which was deployed inKinshasa for the period of the elections and waswithdrawn by the end of the year.

Despite a UN arms embargo, small arms continued toproliferate. The government was itself accused of amajor violation of the embargo in July, for failing tonotify the UN of the import of a shipment of tanks,armoured personnel carriers and quantities ofammunition through the port of Matadi.

Security sector reformOne of the transitional government’s major prioritieswas to dismantle the myriad armed forces in the country.This process, which began in 2004, involved disarming allformer government soldiers and armed group fightersand offering them demobilization or enrolment into theunified national army, the Armed Forces of theDemocratic Republic of the Congo (Forces Armées de laRépublique Démocratique du Congo, FARDC). However,both the army integration process and the nationaldisarmament, demobilization and reintegration (DDR)programmes suffered delays, serious logistical, technicaland management difficulties, and a lack of full politicalsupport. As a result, the programmes were still onlypartly complete by the end of the year. Other areas ofsecurity sector reform, including the integration of thenational police force, remained behind schedule andlargely unimplemented.

The army integration programme had seriousshortcomings, failing to tackle parallel chains ofcommand and to exclude alleged perpetrators ofgrave human rights abuses from FARDC ranks. It didnot include training for all FARDC soldiers ininternational humanitarian and human rights law. Thedevastation of the socio-economic and humanitarianenvironment posed a huge challenge to efforts toreintegrate former fighters into civilian life. Manyformer combatants remained without promisedgovernment financial support or community-basedemployment projects for long periods afterdemobilization. Disgruntled former fighters were athreat to security in many areas of the country.

Unlawful killingsFARDC forces were responsible for the majority ofviolations of human rights and internationalhumanitarian law reported during 2006, includingunlawful killings, rapes, acts of torture, enforceddisappearances, illegal detentions and looting. FARDCunits failed to protect civilians from attack by armedgroups. Poor living conditions for troops andinadequate payment of salaries contributed to FARDCill-discipline.

Congolese armed groups opposed to the peaceprocess and to integration in the FARDC were alsoresponsible for numerous grave human rights abuses inthe provinces of North- and South-Kivu, Katanga andOrientale (Ituri). The human rights abuses, some ofwhich appeared to be ethnically motivated, includedrapes, unlawful killings and torture. Some appeared tobe war crimes. Foreign armed groups, including theDemocratic Forces for the Liberation of Rwanda (ForcesDémocratiques de Libération du Rwanda, FDLR), andother Burundian and Ugandan armed groups alsocontinued to be active on Congolese territory and tocommit serious abuses.b In January, soldiers of an FARDC integrated brigadeshot dead seven people, including two infants, at achurch in the village of Nyata in the district of Ituri.b In January, forces of Laurent Nkunda’s armedgroup, opposed to the government and composedmainly of Kinyarwanda-speaking fighters, launchedattacks against government forces and civilian centresin North-Kivu province. They allegedly committednumerous unlawful killings and raped scores of womenfrom non- Kinyarwanda-speaking communities.b In August, FDLR forces ambushed, killed androbbed four civilians in Kahuzi-Biega, South-Kivu. Anumber of abductions of women and girls by FDLRcombatants were also reported.

Child soldiersSeveral thousand children were either still associatedwith armed forces or armed groups or had not enteredthe DDR programme and were not accounted for. Inareas of eastern DRC where insecurity persisted,children continued to be recruited, including some whohad only recently been demobilized. Some childrenwere forcibly recruited and others were forced torejoin armed groups because the government had notprovided them with meaningful support once returnedto their communities. The majority of children releasedand reunited with their communities were poorlysupported and protected on their return to civilian life,and were not given adequate educational or vocationalopportunities. There was no mechanism to ensure theirprotection once returned to their communities andmany children remained at risk of being recruitedagain.b In June, six former child soldiers who were beingreunified with their families by an international non-governmental organization were abducted inKabalekasha, North-Kivu, by heavily armed fighters.They were taken to a military camp where they wereheld in a pit in the ground. A pregnant woman


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accompanying the children was beaten. They were laterreleased, but three of the children were subsequentlytargeted once more by fighters and badly beaten.

Violence against women and girlsRape of women and girls by government security forcesor armed groups remained widespread in all areas ofthe DRC. Few women had access to adequate medicaltreatment for consequent injuries or illnesses. Womenand girls who had been raped also suffered widespreadsocial discrimination and rejection by their families andcommunities.

Thousands of girl child soldiers who should haveentered the national DDR programme were notaccounted for. Many had been forcibly recruited andused as sex slaves by adult fighters. Many commandersand fighters resisted releasing the girls, consideringthem as their sexual possessions. Other girls, fearingfurther discrimination and social exclusion, avoidedentry into the DDR programme. There was nosystematic government effort to trace these missinggirls or to offer them appropriate demobilization andreintegration support.b In August, agents of the Congolese National Police(Police Nationale Congolaise, PNC), reportedly raped 37women and girls from the village of Bolongo-Loka,Equateur province, and subjected other villagers toacts of ill-treatment and torture. The militaryauthorities later arrested nine individuals, includingseven PNC agents. They had not been brought to trial bythe year’s end.

Torture and ill-treatmentActs of torture and ill-treatment, committed bygovernment security services and armed groups, wereroutinely reported across the country. Arbitraryarrests, illegal detention, including incommunicadoand secret detention (sometimes amounting toenforced disappearance) and prolonged detentionwithout trial remained commonplace. Extremely harshconditions were reported in most detention centresand prisons, in many cases amounting to cruel,inhuman or degrading treatment.b In August, 84 people, mainly fishermen butincluding women and children, from N’galiemacommune in Kinshasa were detained by members of theRepublican Guard , a military force under the commandof President Joseph Kabila. They were accused of being“rebels” loyal to Joseph Kabila’s electoral rival, Jean-Pierre Bemba. They were forced to strip naked andsubjected to sustained beatings. A number of themwere reportedly tortured in other ways. They were thenplaced in a confined cell and held for 48 hours withoutfood. They were later released without charge.

Attacks on human rights defendersHuman rights defenders continued to receiveanonymous death threats and were routinely harassedby the authorities.b In April, Hubert Tshiswaka, director of Actionagainst Impunity for Human Rights (Action contrel’impunité pour les droits humains, ACIDH) in

Lubumbashi, Katanga province, was threatened withdeath. The perpetrators were reportedlyrepresentatives of the Union of Congolese Nationalistsand Federalists (Union nationale des fédéralistes duCongo, UNAFEC) a political party led by the thenMinister of Justice. The threats followed ACIDH publicstatements urging voters to elect politicians based ontheir human rights record and calling for thedissolution of violent youth wings of political parties.

ImpunitySome perpetrators of human rights abuses were broughtto justice. However, impunity persisted in the majority ofcases and the government awarded certain armed groupleaders command positions in the FARDC, despite well-founded allegations against them of serious humanrights abuses. These included Peter Karim and MathieuNgodjolo, commanders of two Ituri armed groups whowere appointed as colonels in the FARDC in October.Their forces were granted so-called amnesties.

Rehabilitation and reform of the DRC’s civilian judicialsystem, enabling it to investigate past and presenthuman rights abuses in a competent, independent andimpartial manner, remained very slow.b In April, seven FARDC soldiers were sentenced tolife imprisonment on charges of crimes againsthumanity, including the rape of 119 women in Equateurprovince in December 2003.b In August Yves Panga Mandro Kahwa, leader of anarmed group in Ituri, was sentenced to 20 years’imprisonment for crimes against humanity.

Another armed group leader, Kyungu Mutanga,known as Gédéon, leader of a mayi-mayi armed group innorthern Katanga province, surrendered to theauthorities in May after committing atrocities, includingunlawful killings, rape and torture, in the region. By theend of the year he had not been charged or tried.

Unfair trials and death sentencesUnfair trials continued to take place and deathsentences continued to be passed, the vast majority bymilitary tribunals. No state executions were reported,although at least one summary execution by themilitary was recorded.b In June, after an unfair and summary trial, amilitary tribunal in Kinshasa imposed long prisonsentences on evangelical church leader PasteurFernando Kutino, his colleague, Pasteur TimothéeBompere Mboo, and a third man, Junior Nganda. Thearrests and trials appeared to be politically motivated.

International justiceIn March, Thomas Lubanga Dyilo, leader of an Ituriarmed group, the Union of Congolese Patriots (Uniondes Patriotes Congolais, UPC), was arrested andtransferred to the International Criminal Court (ICC) inThe Hague. Thomas Lubanga was formally charged inAugust with committing war crimes, namely therecruitment and use in hostilities of children agedunder 15. Pre-trial hearings to confirm the chargesagainst him began on 8 November. Thomas Lubangawas the first person to be arrested by the ICC.


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AI country reports/visitsReports• Democratic Republic of the Congo (DRC): Kinshasa

must meet its responsibility to protect civilians (AI Index: AFR 62/003/2006)

• Open letter to DRC parliamentarians on legislationimplementing the Rome Statute (AI Index: AFR62/004/2006)

• Democratic Republic of the Congo: Time to endthreats against human rights defenders (AI Index:AFR 62/006/2006)

• Democratic Republic of the Congo: InternationalCriminal Court’s first arrest must be followed byothers throughout the country (AI Index: AFR62/008/2006)

• Democratic Republic of the Congo: Acts of politicalrepression on the increase (AI Index: AFR62/014/2006)

• Democratic Republic of the Congo: Elections are achance to embrace human rights reform (AI Index:AFR 62/015/2006)

• Democratic Republic of the Congo: Children at war –creating hope for their future (AI Index: AFR62/017/2006)

VisitsIn February and March, AI delegates visited variousprovinces in eastern DRC and Kinshasa.

DENMARKKINGDOM OF DENMARKHead of state: Queen Margrethe IIHead of government: Anders Fogh RasmussenDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Concern mounted over worsening intolerance andxenophobia against refugees, asylum-seekers,minorities in general and Muslims in particular. Thescope and breadth of new legislation with the statedaim of countering terrorism gave rise to concernabout its impact on fundamental human rights.

DiscriminationIn its report on Denmark, published in May, theEuropean Commission against Racism and Intolerance(ECRI) expressed deep concern at worseningintolerance and xenophobia against refugees, asylum-seekers, minorities in general and Muslims inparticular. ECRI noted with concern legislativeprovisions disproportionately restricting the ability ofmembers of ethnic minorities to acquire Danish

citizenship, to benefit from family reunification, and toaccess social protection. ECRI also highlighted anatmosphere of impunity, created by the low rate ofprosecutions for incitement to racial hatred despite,among other things, inflammatory statements by somepoliticians and the media.

In October the UN Committee on the Elimination ofRacial Discrimination expressed a number of concernsafter a periodic review of Denmark. These included therefusal of the Public Prosecutor to instigateproceedings in some cases, despite an increasingnumber of racially motivated offences and hate speechcomplaints, including in connection with thepublication of cartoons that many Muslims foundprofoundly insulting. It also raised concern about thefact that asylum-seekers could not lodge appeals in thecourts against decisions by the Refugee Board and thatasylum-seekers and their children were sometimeshoused for several years in asylum centres. It alsohighlighted asylum-seekers’ limited involvement insocial, professional, educational and cultural activitiesoutside the centres and the reduction of social benefitsfor those newly arrived in Denmark, a policy whichreportedly created marginalization and poverty.

Violence against womenIn August, reviewing Denmark’s sixth periodic report,the Committee on the Elimination of Discriminationagainst Women expressed concern about the extent ofviolence against women and girls; trafficking of womenand girls; and the length of the “reflection period”which meant that after 30 days trafficked women wouldordinarily be deported to their country of origin. TheCommittee also highlighted the vulnerability of foreignmarried women who had been granted temporaryresidence permits on the grounds of marriage and whorisked expulsion if they left the marital home becauseof violence by their husbands.

In December, the government announced anextension of the “reflection period” to 100 days.

Terrorism legislationIn June new legislation with the stated aim ofcountering terrorism came into force. The scope andbreadth of these provisions gave rise to concern thatpreviously legitimate political activities may be deemedunlawful. Judicial oversight of police access to privateand confidential information was weakened.

Solitary confinementIn December legislation further reducing the time limitsfor solitary confinement of prisoners was adopted.However, it failed to introduce, even for under-18s, amandatory maximum duration in cases concerninghomicide, drug-related crime or security offences.There were reductions in the use of solitaryconfinement against under-18s for other offences.

Freedom of expressionIn December, three investigative journalists wereacquitted of all charges in connection with thepublication of classified information about Iraq and the


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extent of the government’s knowledge, in the run-up tothe Iraq war, about the existence of weapons of massdestruction in Iraq. The prosecuting authorities statedthat they did not intend to appeal against the acquittals.

PolicingThere were reports that police used excessive force indealing with three separate demonstrations againstevictions in Copenhagen.

In September, the mother of 21-year-old Jens ArneØrskov filed a civil action against the police and theMinistry of Justice in connection with her son’s death inpolice custody in June 2002. The regional stateprosecutor concluded he died from the combinedeffects of intense physical activity with an intake ofalcohol and cannabis. However, Danish as well asinternational medical experts disputed the officialcause of death, stating instead that he died fromasphyxiation after being forced to lie on his stomachand having pressure applied to his back whilehandcuffed. Nonetheless, the prosecuting authoritiesdecided not to press charges or take disciplinary actionagainst the police officers involved. The case wasscheduled to be heard in October 2007.

AI country reports/visitsReport• Denmark: Jens Arne Ørskov’s death in custody – A

mother’s quest for justice (AI Index: EUR18/001/2006)

DOMINICANREPUBLICDOMINICAN REPUBLICHead of state and government: Leonel FernándezReynaDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

There were further mass expulsions of Haitians andDominico-Haitians (Dominican of Haitian descent),some of whom were reportedly ill-treated. There werereports of unlawful killings by the security forces.Domestic violence remained a serious concern.

Discrimination against Haitians and Dominico-HaitiansExpulsionsThere were continued mass illegal expulsions of Haitianmigrant workers and Dominico-Haitians, many ofwhom were rounded up by officials simply because they

were black. There were reports of ill-treatment bymigration officials and security forces.b Eight-year-old Francisca José was among fivechildren rounded up by migration officers on 4 January in the capital Santo Domingo. She wasallegedly hit twice, causing her to bleed from themouth. She was held overnight at a detention centreuntil a local human rights organization managed tosecure her release by proving her Dominicannationality.b Scores of people were injured in September whenan overcrowded bus from the Dominican Departmentof Migration carrying 120 alleged irregular Haitianimmigrants crashed into a river in Elías Piñas provinceen route to the border. Some of those being deportedreportedly had valid documentation permitting themto work in the country. Many of the injured reportedlydid not receive medical attention before beingexpelled to Haiti.Access to nationalityThe Dominican authorities failed to comply with theSeptember 2005 ruling from the Inter-American Courtof Human Rights in the case of two Dominico-Haitiangirls who had been denied Dominican nationality. TheCourt had called for the girls to receive compensationand for the Dominican authorities to implement thenecessary measures to grant nationality to thethousands of other Dominicans and their children whohad been denied it.

AssaultsThere were reports of violent indiscriminate attacksagainst Haitians. Human rights organizations claimedthat killings of Haitians were not investigated by theauthorities.b Two Haitian nationals, Edison Odio and JakoMedina, were reportedly set alight by a mob on 7 Marchin the community of Yabonico in Las Matas de Farfán inapparent revenge for the murder of the local mayor.Jako Medina subsequently died of his injuries. AI wasunaware of any proceedings initiated by the authoritiesto bring those responsible to justice.

People smugglingThe bodies of 24 Haitians were found on 11 January nearthe border town of Dabajón in the north of the country.They had apparently suffocated to death as they werebeing illegally transported in a truck to find work in theDominican Republic. The bodies were reportedlythrown from the back of the truck which containedmore than 60 people. Four Dominican nationals,including two members of the military, were on trial atthe end of 2006 in relation to the incident.

Unlawful killings by security forcesAccording to official figures 204 people were killed inshoot-outs with police between January and August,down from 345 for the same period in 2005. However,concerns remained that a number of these fatalshootings may have been unlawful. Fifty-sevenmembers of the security forces were killed during thesame period.


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b Twenty-two-year-old Elvin Amable Rodríguez, aspokesman for the left-wing organization BroadPopular Front for Struggle (Frente Amplio de LuchaPopular) was fatally shot in the head twice by police on26 September in the town of Navarrete. Police claimedhe died in a shoot-out. Two officers were in pre-trialdetention at the end of the year.b On 9 July members of the Dominican armed forcesreportedly opened fire on a group of Haitian nationalsas they tried to cross the border near the town ofDajabón. One of the group was allegedly shot in theback and subsequently died in hospital.

Violence against womenAccording to government statistics, in the first sixmonths of the year 43 women were killed by theirpartners or former partners. In April alone 1,800incidents of domestic violence were reported to theauthorities.

Right to healthDespite receiving sufficient international funding,nearly 70 per cent of all people requiring antiretroviraltreatment in the Dominican Republic did not receive it.Those most at risk were the poor and marginalized,including the Haitian migrant population andDominico-Haitians, who faced significant obstacles ingaining access to treatment and care. There werereports of employees being tested for HIV without theirconsent or as a condition of their employment.

Human rights defendersHuman rights defenders continued to be intimidatedand harassed.b Teolé Yeolé García, a Dominico-Haitian rightsactivist, was illegally deported from Santo Domingo toHaiti on 2 February. He was detained while trying tointervene on behalf of fellow Dominicans who werebeing illegally rounded up to be deported.b Adonis Polanco, an HIV/AIDS activist, receivedanonymous death threats, apparently because of hisoutspoken criticism of the government’s failure toprovide adequate treatment for people living withHIV/AIDS in his local community in the town of BocaChica.

AI country reports/visitsReports• Dominican Republic: Open letter from Amnesty

International to the President of the DominicanRepublic regarding the rights of Haitian migrantworkers and their descendants (AI Index: AMR27/001/2006)

• “I am not ashamed!”: HIV/AIDS and human rights inthe Dominican Republic and Guyana (AI Index: AMR01/002/2006)

VisitsAI delegates visited the Dominican Republic in Januaryand June.

ECUADORREPUBLIC OF ECUADORHead of state and government: Alfredo PalacioDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Social unrest continued. There were reports that thesecurity forces used excessive force againstdemonstrators. Infant and maternal mortality ratesremained high and domestic violence continued tobe a concern. There were reports of torture and ill-treatment and prison conditions remained harsh.Nearly 100 killings were reported on the Colombianborder.

BackgroundRafael Correa was elected President in November on aplatform of constitutional, economic and social reform.He was due to take office in January 2007.

Former President Lucio Gutiérrez was acquitted ofcharges including corruption and undermining thesecurity of the state and released.

Three magistrates of the new Supreme Court,appointed during the interim government of AlfredoPalacio, were dismissed in November followingallegations of corruption.

ProtestsSocial unrest and protests against economic policiesand the impact of extractive companies on thelivelihood of communities continued throughout theyear. Scores of demonstrators were reportedly injuredand there were allegations of excessive use of force bythe police and military.

During 2006 several provinces were placed under astate of emergency for periods of at least 60 days inresponse to the unrest. Under emergency legislation,freedoms of expression, movement and associationwere suspended and the security forces wereempowered to search homes without judicial warrants.

Human rights defendersHuman rights defenders, community leaders andenvironmentalists who criticized government policiesand the impact of extractive companies continued to bethreatened and intimidated. Some facedunsubstantiated charges against them.b The legal team representing Indigenous communitiessuing a multinational oil company for failing to clean upthe pollution caused by drilling in Sucumbíos provincefrom 1964 to 1992, was repeatedly threatened. Noinvestigation was opened and no victim receivedprotection, despite precautionary measures ordered bythe Inter-American Commission on Human Rights.

Right to healthInfant and maternal mortality remained high. Poorwomen and children continued to be denied access to


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maternity and infant health services free of charge, asguaranteed under 1994 legislation. The governmentreportedly failed to ensure that clear and accessibleinformation reached poor women.

Women’s human rightsDomestic violence remained a concern. The number ofcomplaints filed in the 30 women and family policestations reportedly increased in 2006. According to theWomen’s Defence Office, this was partly due to thepromotion of the 1995 Law Against Violence AgainstWomen And The Family, and improved training for lawenforcement officials in responding to violence againstwomen.

Torture and ill-treatmentIn February the UN Working Group on ArbitraryDetention expressed concern that ill-treatment andtorture to extract confessions or punish suspects werecommon in police stations.

Police and military officers charged with humanrights violations continued to be tried by police ormilitary courts which were neither independent norimpartial. In the vast majority of cases, thoseresponsible for violations were not held to account.b At the end of the year, 20 police officers sentencedto prison terms ranging from two to 16 years for theenforced disappearance of Elías López Pita in 2000remained at liberty.

Prison conditionsFrom April to June emergency legislation was imposedin the overcrowded prison system following securityproblems inside prisons and a strike by prisonpersonnel demanding improved funding. Thegovernment announced an investment of US$8millionin infrastructure to improve prison conditions.

In September the Constitutional Court confirmed its2003 ruling that an article of the Code of PenalProcedure which denied suspects detained whileawaiting sentencing the right to be conditionallyreleased was unconstitutional. Reportedly between5,000 and 7,000 inmates out of a total prisonpopulation of 14,000 were waiting to be sentenced.

Rights of ethnic minoritiesThe UN Special Rapporteur on the situation of humanrights and fundamental freedoms of Indigenous peopleexpressed concern at the limited access of Indigenouspeoples to health and education, and the negativeimpact of extractive activities on their environmentand living conditions. The Special Rapporteur raisedconcerns at the failure to fulfil constitutionalguarantees to Indigenous peoples to be consulted onextractive projects in their territories. There wereallegations of human rights violations involving armedforces personnel employed to guarantee the security ofextractive companies.

Killings on the Colombia borderReports of incursions by Colombian military and armedgroups in Ecuadorian territory continued. Since the

implementation in 2000 of the US-backed military aidpackage known as Plan Colombia, human rightsorganizations have documented over 700 killings,nearly 100 of them in 2006, in Sucumbíos province. Inmany cases the victims including civilian men, womenand children were alleged to be criminal suspects; someshowed signs of torture. According to witnesses, policeand military officers were implicated in some of thekillings. The vast majority of cases were not reported bythe relatives of the victims or investigated by theauthorities for fear of reprisals. There were reports ofthreats against witnesses, prosecutors, police officers,governors and other local officials.

AI country reports/visitsVisitAn AI delegation visited Ecuador in October.

EGYPTARAB REPUBLIC OF EGYPTHead of state: Muhammad Hosni MubarakHead of government: Ahmed NazifDeath penalty: retentionistInternational Criminal Court: signed

At least 18 people were killed and more than 100injured in bomb attacks in Dahab (southern Sinai) inApril. Peaceful protesters calling for independencefor the judiciary and political reform were violentlydispersed by police. Hundreds of members of thebanned Muslim Brothers organization were arrestedand scores were held awaiting trial at the end of theyear. Thousands of suspected supporters of bannedIslamist groups, including possible prisoners ofconscience, remained in detention under emergencylegislation without charge or trial; some had beenheld for more than a decade. Torture and ill-treatment in detention continued to be systematic.In the majority of torture cases, the perpetratorswere not brought to justice. At least three peoplewere sentenced to death; four others were executed.

BackgroundDespite calls for the state of emergency to be lifted, it wasrenewed in April for two years. The state of emergency, inforce continuously since 1981, facilitated human rightsviolations including prolonged detention without charge,torture and ill-treatment, undue restrictions on freedomof speech, association and assembly, and unfair trialsbefore military courts and (Emergency) Supreme StateSecurity Courts. The government set up a committee in


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March to prepare a new anti-terrorism law to replace theemergency legislation.

In February parliament voted to delay for two yearslocal elections scheduled for April. The governmentsaid the delay would allow time for the drafting of anew law to strengthen the powers of local counciladministration, but critics said it would make it moredifficult for potential independent candidates for thepresidency to meet new conditions of registrationintroduced in 2005.

In May, the Court of Cassation confirmed the five-year prison sentence imposed on Ayman Nour, leaderof the al-Ghad party, who had come a distant second inpresidential elections in September 2005. There wereconcerns that his prosecution and trial were politicallymotivated.

There were sporadic outbreaks of sectarian violencebetween Muslims and Christians. In April, three days ofreligious violence in Alexandria resulted in at leastthree deaths and dozens of injuries.

Egypt and the European Union failed to agree onimplementation of an association agreement that cameinto force in 2004 in the context of the EuropeanNeighbourhood Policy. Negotiations reportedlyfoundered mainly on differences over human rights inEgypt and over what the agreement should say withregard to nuclear weapons in the Middle East.

In December, the Supreme Administrative Courtoverturned an earlier decision by an AdministrativeCourt in April 2006 which recognized the right ofEgypt’s Baha’is to be certified as Baha’is on officialdocumentation. This followed an appeal by theMinistry of Interior. The decision of the SupremeAdministrative Court meant that Baha’is must registerthemselves as Muslims, Christians or Jews if they wishto obtain official documents such as birth and deathcertificates and identity cards.

Violations in the ‘war on terror’Despite increasing evidence to the contrary, theauthorities continued to deny their involvement in thetorture and secret detention of people detained as partof the “war on terror”, despite the Prime Minister’sacknowledgement in 2005 that some 60 suspects hadbeen returned to Egypt from US custody. The UN SpecialRapporteur on promotion and protection of humanrights while countering terrorism sought to visit thecountry to assess Egypt’s human rights record in the“war on terror”, but did not obtain a positive responsefrom the Egyptian authorities.

Following the bomb blasts in Dahab, the securityforces killed at least 13 alleged suspects between Apriland August. A police officer was also reportedly killedand two others wounded during clashes in northernSinai. Hundreds of people were arrested, accused ofhaving links with what the security forces claimed was anew terrorist group called Unity and Holy War (Tawhidwal Jihad). Scores more were arrested in the north ofCairo in September for alleged links with al-Qa’ida.Some of those cleared of terrorism-related charges bythe courts continued to be held under administrativedetention orders.

b In April, Osama Mostafa Hassan Nasr (known asAbu Omar) was brought before the public prosecutor.This was the first time since his abduction from Italy inFebruary 2003 that he was allowed to have a lawyerpresent during interrogation. He described hisabduction in Italy and unlawful return to Egypt. He saidhe was tortured while held in secret detention in Egyptand that methods included alternating extremes oftemperature and electric shocks to the genitals. Therewas no indication that the allegations were the subjectof any investigation by the Egyptian authorities. InNovember, the Italian prosecutor investigating AbuOmar’s abduction received an 11-page undatedhandwritten letter from Abu Omar which had beensmuggled out of Istiqbal Tora Prison. This gave detailsof his torture and described the inhumane conditionsto which he remained exposed in detention. In 2005 theItalian authorities had issued warrants for the arrest of22 agents of the US Central Intelligence Agency inconnection with the abduction.b The trial of 13 suspects in connection withbombings in Taba and Nuweiba in October 2004continued before the (Emergency) Supreme StateSecurity Court. Allegations by the accused that theirconfessions had been extracted under torture weredismissed by the court, which sentenced MuhammedGayiz Sabbah, Usama ‘Abd al-Ghani al-Nakhlawi andYunis Muhammed Abu Gareer to death. Two otherdefendants were sentenced to life imprisonment andeight others received prison sentences ranging fromfive to 15 years.

Administrative detentionEmergency legislation allowing for indefinite detentionwithout charge continued to be used. Some detaineeshad been held for more than a decade, despite ordersfor their release by the courts. The non-governmentalEgyptian Organization for Human Rights estimated thatas many as 20,000 people remained in detentionwithout charge or trial, with many held in appallingconditions. The Ministry of Interior denied this and saidthere were no more than 4,000 detainees, but did notprovide further details. Many detainees were reportedto be ill due to poor food and hygiene, severeovercrowding and a lack of adequate medical care.

In August, non-governmental organizations (NGOs)and human rights activists created the EgyptianNetwork for the Defence of Detainees to train lawyerson issues of administrative detention in Egypt and tomobilize civil society on this issue.b In June the trial opened of 14 people charged inconnection with the Cairo bombings of April and May2005. However, hundreds of people arrestedfollowing the bombings reportedly remained inadministrative detention, despite having obtainedrelease orders from the courts. Most were believed tobe neighbours or acquaintances of those standingtrial or to have used the same mosques for prayer. InAugust 2006, scores of them went on hunger strike inprotest at their continued detention. Some womenrelatives of detainees were summoned to the StateSecurity Intelligence office in Shubra al-Kheima,


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north of Cairo, and detained for two days, duringwhich they were insulted and threatened withelectric shocks.

Torture and ill-treatmentTorture of both political detainees and criminalsuspects remained common and systematic, andreportedly led to several deaths in custody. Frequentlyreported methods included beatings, electric shocks,prolonged suspension by the wrists and ankles incontorted positions, death threats and sexual abuse.b Pro-reform activists Mohammed al-Sharqawi andKarim al-Sha’ir were arrested following demonstrationsin April and May and released on 22 May. Both menwere rearrested following a demonstration on 25 May.They were beaten in the street and taken to Qasr Nilpolice station where they were tortured. Mohammedal-Sharqawi was reportedly sexually abused by thosewho detained him. Both men were released in July.

There were persistent reports of criminal suspectsbeing tortured during interrogation at police stations.b Emad al-Kabir, a 21-year-old taxi driver from BulaqDakrur in Giza Governorate, was arrested in Januaryafter intervening to stop an argument between policeofficers and his cousin. While in detention at BulaqDakrur Police Station, he was slapped and hit with astick on his hands and legs. He was accused of “resistingthe authorities” and presented before the PublicProsecutor, who ordered his release on bail. However,he was instead returned to the police station, heldovernight and tortured, including being raped with astick. One of the police officers filmed the rape using amobile phone camera and threatened Emad al-Kabirthat this would be circulated by video in hisneighbourhood to cause him public humiliation andintimidate others. In November, the video, which hadreportedly circulated widely in the Bulaq Dakrurneighbourhood and among taxi drivers, was posted onthe Internet. It provoked strong protests from humanrights organizations and was widely publicized in themedia, leading the Public Prosecutor in December toorder the arrest of two police officers who were thenreferred to the South Cairo Criminal Court for trial.

Emad al-Kabir’s case, however, was exceptional.Although several police officers were tried during theyear for torturing other prisoners, torture allegationswere rarely investigated and prosecutions of allegedperpetrators were the exception.

Threat to judicial independenceIn June a new law regulating the judiciary was passedby parliament. Despite some positive provisions, suchas restrictions on ministerial powers, pro-reformjudges as well as opposition parliamentarians allied tothe Muslim Brothers criticized the law for failing toguarantee the independence of the judiciary. In Julythe UN Special Rapporteur on the independence ofjudges and lawyers expressed concern about the newlaw, noting the lack of clear criteria for the selectionand appointment of judges, and the absence of basicfair trial guarantees in the disciplinary procedures for judges.

Two senior judges, Mahmoud Mekki and HishamBastawisi, Vice-Presidents of the Court of Cassation,were made to face a disciplinary board that convenedat the High Court Building in Cairo in May after theycalled publicly for an inquiry into alleged electoralfraud during the 2005 parliamentary elections. Thecase, which resulted in Mahmoud Mekki being clearedand an official reprimand for Hisham Bastawisi,provoked widespread concern and public protests anddemonstrations by opposition political parties, pro-reform groups and trade unionists in support of the twojudges. These protests were violently dispersed by theriot police and more than 500 demonstrators, mostlyMuslim Brothers, were arrested. They included Essamal-Aryan, Mohammed Morsy and Maged Hassan, allprominent members of the Muslim Brothers. Most werereleased after a short time.

Freedom of expression, association and assemblyThe rights to freedom of expression, association andassembly continued to be restricted. Some NGOs facedobstacles registering and obtaining legal status.Journalists continued to be threatened, harassed andimprisoned because of their work.b Tal’at Sadat, nephew of the assassinated formerPresident Mohamed Anwar Sadat, was sentenced toone year’s imprisonment with labour and a fine inOctober for defaming the armed forces and spreadingfalse rumours. He had given a series of mediainterviews in which he alleged that senior army officershad been implicated in the killing of the formerpresident by Islamist soldiers in 1981. He also suggestedthat President Hosni Mubarak – then Vice-President –had been involved. Although a civilian, he was tried andconvicted by a military court, after being stripped of hisparliamentary immunity.

In July, a controversial press law was passed byparliament according to which press freedomcontinued to be restricted. Certain publishing offences,such as insulting public officials, continued to carrycustodial sentences. Independent and oppositionnewspapers withheld publication for a day in protest atthe new law and hundreds of media workers protestedoutside the National Assembly. b Ibrahim Eissa, chief editor of the oppositionnewspaper al-Dostour, Sahar Zaki, a journalist on thenewspaper, and Saied Mohamed Abdullah weresentenced in June to one year’s imprisonment and afine for insulting the President and spreading falserumours. The charges related to articles in Aprilreporting a lawsuit by Saied Mohamed Abdullah againstthe President and senior officials in the ruling NationalDemocratic Party. The case was still before the Court ofAppeal at the end of the year.

Death penaltyDeath sentences continued to be imposed. Threepeople convicted of terrorism-related offences weresentenced to death after an unfair trial. At least fourother people were executed.b Brothers Ezzat and Hamdi Ali Hanafi were executedin June. They had been sentenced to death by the


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(Emergency) Supreme State Security Court inSeptember 2005 for armed resistance to a raid by thesecurity forces searching for unspecified drugs. TheCourt’s procedures violated basic principles for fairtrial, including the right to appeal before a highertribunal.

Refugees and migrantsOn 3 January the authorities announced that theywould forcibly return up to 650 detained Sudanesenationals to Sudan. The detainees, who includedrefugees, asylum-seekers and migrants, had beenarrested after police violently broke up a peacefuldemonstration outside the UNHCR office in Cairo on 30 December 2005, killing at least 27 Sudanese nationalsand injuring dozens of others. The authoritiessubsequently released the detainees and said theywould not return them to Sudan. However, they did notinitiate any investigation into the killings.

In August, Egypt submitted its report forconsideration by the Committee on the Rights of AllMigrant Workers and Members of Their Families. Thisreport was due in 2004.

AI country reports/visitsReports• Egypt: Fear of forcible return/fear of torture and ill-

treatment – Up to 650 Sudanese nationals (AI Index:MDE 12/001/2006)

• Egypt: Amnesty International calls for inquiry intokillings and opposes threatened collectiveexpulsions of Sudanese protesters (AI Index: MDE12/002/2006)

• Egypt: Amnesty International condemns attackagainst civilians in Dahab (AI Index: MDE12/006/2006)

• Egypt: Disciplinary action against judges a challengeto judicial independence (AI Index: MDE12/007/2006)

• Egypt: Amnesty International concerned about theEgyptian security repression against peacefulprotesters in Cairo (AI Index: MDE 12/009/2006)

• Egypt: Violent attacks and arrests of peacefulprotesters must stop (AI Index: MDE 12/010/2006)

• Egypt: Abusive emergency powers should not beentrenched in new anti-terrorism law (AI Index: MDE12/014/2006)

VisitsAI delegates visited Cairo in July and December toattend conferences and in September an AI delegation,headed by the Secretary-General, had meetings inCairo with the Secretary-General of the League of ArabStates and with the Minister of Interior and otherEgyptian government officials.

EL SALVADORREPUBLIC OF EL SALVADORHead of state and government: Elías Antonio SacaDeath penalty: abolitionist for ordinary crimesInternational Criminal Court: not ratified

Impunity for past human rights violations, includingenforced disappearances, persisted. Reports ofviolence against women continued, butinvestigations remained inadequate. There werethreats against human rights defenders and politicalactivists.

BackgroundThe public security situation continued to cause concern.Various government initiatives to tackle criminalviolence did not bring improvements in the securitysituation. The Human Rights Procurator expressedconcern at the possible re-emergence of death squads.Human rights and civil society organizations protestedthat anti-terrorism legislation passed in September wasill-defined and put human rights at risk, includingfreedom of assembly and expression.

Enforced disappearance of childrenIn September the Inter-American Court of HumanRights ruled that the state of El Salvador had onlypartially fulfilled or failed to fulfil the majority of theCourt’s recommendations from its 2005 ruling,including providing an effective and timelyinvestigation into the enforced disappearance of three-year-old Ernestina and seven-year-old Erlinda SerranoCruz in June 1982 during a military operation inChalatenango. The Court ruled that the state had yet todetermine the whereabouts of the girls, investigate andbring those responsible to justice and, among otherthings, had not yet set up a National Search Commissionto trace disappeared children.

At the end of the year, two other cases of childrenwho were victims of enforced disappearance during thearmed conflict were being studied by the Inter-American Court of Human Rights and a decisionregarding the responsibility of the state in the enforceddisappearances was pending.

Violence against womenAccording to the Institute of Forensic Medicine, 286women were killed between January and August 2006.Despite four years of campaigning by women’s rightsorganizations, the Attorney General’s Office had yetto establish a special prosecutor or division to addressthe killings of women. Very little progress was made ininvestigating cases of women who had been killed andin some cases raped in previous years.

Human rights defendersIndividuals and organizations working to defendhuman rights were threatened and harassed.


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b Members of the Among Friends Association,including the organization’s director, WilliamHernández, received death threats and were reportedlyunder surveillance in an attempt to halt theorganization’s work on behalf of lesbian, gay, bisexualand transgender people. On 1 June, William Hernándezwas threatened at gunpoint outside the organization’soffice in San Salvador, soon after the police officerassigned to protect him had left for the day. Two daysbefore this attack, the office was broken into. Windowswere broken, files were searched, and threats werewritten on pieces of paper and left in the office. Novaluable office equipment was stolen, but a number ofthe organization’s planning documents were taken.Although in all cases the incidents were reported to theauthorities, investigations proved superficial, and noone had been brought to justice by the end of 2006.

Death squadsThere was increasing concern among civil societyorganizations at the possible re-emergence of deathsquads which had been active during the 1980-1991armed conflict.b Francisco Antonio Manzanares and JuanaMonjarás de Manzanares were murdered in their homeon 2 July. Their daughter, Marina Manzanares, a long-standing politicial activist for the main oppositionparty, the Farabundo Martí National Liberation Front,and radio broadcaster, had received death threats priorto the murders, as had her mother. Marina Manzanares’brother, Francisco Manzanares, also a political activist,was killed in 1996. No one had been brought to justicefor these murders by the end of 2006.

EQUATORIALGUINEAREPUBLIC OF EQUATORIAL GUINEAHead of state: Teodoro Obiang Nguema MbasogoHead of government: Ricardo Mangue Obama Nfube(replaced Miguel Abia Biteo Borico in August)Death penalty: retentionistInternational Criminal Court: not ratified

There were fewer reports of political arrests than inprevious years. Prisoners of conscience and politicaldetainees arrested in 2003 and 2004 continued tobe held without charge or trial, although about 40were released in June. One person died in police

custody reportedly as a result of torture. Oneexecution was carried out. Prison conditionsimproved slightly. Families were forcibly evicted fromtheir homes.

BackgroundIn January the navy seized a boat carrying militarysupplies when it made an unscheduled call in Malaboand held it for about a month. The boat had beenchartered by the UN and was carrying weapons for itspeace-keeping mission in the Democratic Republic ofthe Congo (DRC).

Under the auspices of the UN Secretary-General,President Obiang Nguema and the Gabonese President,Omar Bongo, began talks in February aimed at resolvinga 34-year dispute over ownership of the island ofMbañe. However, no agreement was reached by theend of the year.

In July the European Union signed an agreement withthe government to assist the country in areas of humanrights and democratization. These included legalreform and training for law enforcement and prisonofficials.

In August the President unexpectedly dismissed thegovernment and appointed a new one led by PrimeMinister Ricardo Mangue Obama Nfube, the firstmember of the Fang ethnic group to be appointed tothat position which was previously reserved formembers of the Bubi ethnic group. He declared that thefight against corruption was the main priority of thenew government.

In September parliament approved a law forbiddingtorture, which came into force in November.

Arbitrary arrests and detentionsAlthough there were fewer arrests of politicalopponents than in previous years, 14 prisoners ofconscience continued to be held, including one heldwithout charge or trial since 2003. Five people“extradited” from Libreville, Gabon, in 2004 appearedto be prisoners of conscience. They were provisionallycharged with terrorism and rebellion in May, but thecharges were not formalized and they were not tried.Four remained in prison at the end of 2006 while onewas released in a presidential pardon in June.

Members of the Convergence for Social Democracy(Convergencia para la Democracia Social, CPDS) andother political activists were arrested and brieflydetained, mainly in towns on the mainland, althoughsome were arrested in Malabo. They were oftenprevented from holding meetings even when they hadofficial permission. None was charged with anyoffence.b In April, a government official and several policeofficers entered the CPDS office in the town of Rebola,Bioko Island, and arrested Carlos Oná Boriesa, CarmeloIridi and about eight others. They were having ameeting which the authorities claimed was illegal.Carlos Oná Boriesa and Carmelo Iridi were taken to thepolice station in the nearby town of Baney andreportedly flogged. Each was subjected to 50 lashes. Allwere released without charge by the end of the day.


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b In October, police officers in Bata arrested fourmembers of the banned Progress Party of EquatorialGuinea (Partido del Progreso de Guinea Ecuatorial).They were arrested at home without warrants and atleast one, Filemón Ondó, was hit when he was arrestedand again two weeks later when being interrogated.The four were taken to Bata Central Police Stationwhere they were threatened with torture. About threeweeks later they were transferred to Bata Public Prison.They were released without charge in mid-November.José Antonio Nguema, one of the detainees, had beenarrested in June 2004 and held without charge or trialuntil June 2006.

Several people, including some CPDS members, werereportedly arrested in districts of the mainland forrefusing to clear roads without payment. They includedAntonio Eusebio Edu, a 75-year-old member of theCPDS in Nsok-Nsomo, who was arrested and brieflydetained in May.

Death in detentionOne person was known to have died in police custody,apparently as a result of torture. The authorities,however, claimed that he had committed suicide.b In August, José Meviane Ngua was arrested in Kogo,on the border with Gabon, following a domestic dispute.He was reportedly drunk and resisted arrest. That nighttwo police officers carried him out of Kogo police stationand took him to the local hospital where he wasdeclared dead on arrival. The police claimed that he hadcommitted suicide. However, hospital personnel statedthat he had bruises in his neck and marks on his backconsistent with beating. No autopsy was carried out.The next day a police commission came from Bata toinvestigate but left without having interviewed thefamily or hospital personnel. No officers were known tohave been prosecuted in this case.

Death penaltyFernando Esono Nzeng, who had been convicted ofmurder and sentenced to death in early 2004, waspublicly executed in April in Evinayong, on the mainland,after the Supreme Court turned down an appeal.

Prisoner releasesOn his birthday in June, President Obiang Nguema“pardoned” 40 prisoners. They included 15 prisoners ofconscience convicted of plotting to overthrow thegovernment in an unfair trial in June 2002. They alsoincluded about 20 political detainees held withoutcharge or trial since their arrest in 2004 who appearedto be prisoners of conscience. A South African nationalconvicted in November 2004 in an unfair trial ofattempting to overthrow the government was releasedon humanitarian grounds.b Weja Chicampo, a leader of the Movement for theSelf-Determination of Bioko Island (Movimiento para laautodeterminación de la isla de Bioko, MAIB), had beenheld without charge or trial since his arrest in March2004. Following his pardon, he was expelled from thecountry, despite being an Equatorial Guinean national.Without informing him or his family, several security

officers took him from Black Beach prison, drove him tothe airport and put him on a plane bound for Spain,where he was granted asylum.

Forced evictionsThe combination of pressure on land, governmentprogrammes to rehabilitate major cities andinfrastructure, and lack of security of tenure led toseveral mass forced evictions, carried out withoutconsultation, compensation or due process. Hundredsof homes were destroyed in Malabo, and hundredsmore families were at risk of forced eviction in Malaboand Bata.b In July, the Prime Minister and other civilianofficials, armed soldiers and police officers arrived inAtepa and Camaremy communities in the Banapaneighbourhood of Malabo. They forcibly evicted some300 families and demolished their homes. Soldiers hitresidents who resisted and one man, Santiago Obama,was arrested and briefly detained. He was subsequentlyreleased uncharged.

Prison conditionsThere was some improvement in prison conditions,particularly in Black Beach prison following the openingof a new block in late 2005. However, four South Africanprisoners held there since 2004 remained permanentlyhandcuffed and shackled. The provision of food andmedicines remained inadequate, although ill prisonerswere seen by doctors. The International Committee of theRed Cross continued to visit prisons periodically.

Human rights defendersThe order suspending lawyer and human rightsdefender Fabian Nsue Nguema from the BarAssociation, which was arbitrarily imposed in June2005, was lifted in July.

AI country reports/visitsStatements• Equatorial Guinea: Prisoners of conscience released

(AI Index: AFR 24/002/2006)• Equatorial Guinea: 300 families evicted and

homeless (AI Index: AFR 24/006/2006)


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ERITREAERITREAHead of state and government: Issayas AfewerkiDeath penalty: retentionistInternational Criminal Court: signed

Several thousand prisoners of conscience weredetained incommunicado without charge or trial.Some former government leaders were held in asecret place of detention. The whereabouts of manypolitical or religious prisoners, including journalists,were not known. Many were in effect victims ofenforced disappearance. An army general remainedheld after 14 years, and three religious prisonerswere still held after 12 years. Many detainees weretortured. Prison conditions, including being held inunderground cells or metal shipping containers,amounted to cruel, inhuman and degradingtreatment. Virtually no medical treatment wasprovided.

BackgroundTwo thirds of the population were dependent oninternational emergency food aid. The governmentexpelled several international NGOs deliveringhumanitarian assistance. Donors continued emergencyhumanitarian assistance but most had long suspendeddevelopment aid because of the government’s failure toimplement both the constitutional process ofdemocratization and international human rightstreaties it had ratified.

As in previous years, human rights defenders werenot allowed to operate and independent civil societyorganizations and unregistered faith groups wereprohibited. The only political party allowed was theruling People’s Front for Democracy and Justice (PFDJ),formerly the Eritrean People’s Liberation Front (EPLF).No dissent was tolerated.

The UN Security Council extended until January 2007the UN Mission in Ethiopia and Eritrea (UNMEE) butcriticized the stalemate in the negotiations over theborder. Eritrea continued to demand that Ethiopiaimplement the International Boundary Commission’sjudgement following the 1998-2000 armed conflict andrefused any negotiation on border demarcation. TheUN Security Council criticized Eritrea’s increasingrestrictions on UNMEE’s movements in the temporarysecurity zone it administers on the Eritrean side of theborder, and the arrests of several UNMEE personnelduring 2006. It also criticized the incommunicadodetention without charge or trial of an internationalUNMEE staff member, held for some weeks onreportedly false charges of trafficking.

The government continued to host armed Ethiopianand Sudanese opposition groups. It sent militaryassistance and weapons to the Union of Islamic Courtsin Somalia, according to a UN panel monitoringviolations of the Somalia arms embargo. It faced the

threat of armed opposition from the Sudan-basedEritrean Democratic Alliance, which Ethiopia alsosupported.

Religious persecutionMinority faith groups such as the Jehovah’s Witnessesand over 35 evangelical Christian churches remainedbanned, their places of worship shut down andreligious gatherings prohibited. Only the four mainfaiths in Eritrea were allowed to function – the EritreanOrthodox Church, the Catholic Church, the Lutheran(Mekane Yesus) Church and Islam. Dissenting groupswithin them were also repressed as were those whoopposed government authority over them. PatriarchAntonios, head of the Eritrean Orthodox Church, wasstripped of his powers in mid-2005 and has been heldunder house arrest since then for protesting at the 2004detention of three Orthodox priests and secret prisonsentences imposed on them.

Dozens of members of these banned churches werearrested during the year for worshipping at theirhomes, at weddings, or when proclaiming their faith toothers. They were taken to police stations, securityprisons or army camps, and often tortured orthreatened to make them sign a statement as acondition of release that they would cease practisingtheir faith. They were held incommunicado andillegally, without being brought before a court orcharged with any offence. National service conscriptswere also punished if they practised their faith.

An estimated 2,000 members of minority evangelicalchurches, including some 20 pastors, remained indetention in harsh conditions. They included childrenand women. At least 237 people were arrested during2006, fewer than in 2005, possibly because of thevigorous international criticism of religiouspersecution. Most prisoners were held in remote armycamps in underground cells or metal shippingcontainers. None had been allowed access to theirfamilies since their arrest. The pastors were mostly heldtogether in Karchele security prison in Asmara.b Helen Berhane, a well-known gospel singer in theevangelical Rema Church, was released in Novemberafter being detained in Mai Serwa army camp where shehad been held since May 2004. The previous month shehad been taken to hospital in Asmara in extremely poorhealth after being tortured again.

Three Jehovah’s Witnesses remained heldincommunicado at Sawa military camp near the Sudanborder since 1994, when the government stripped allJehovah’s Witnesses of basic citizens’ rights for refusingto bear arms or perform military service. Jehovah’sWitnesses were arrested during the year, bringing to 27the number held without charge or trial.

Prisoners of conscience and political prisonersEleven former government ministers and former EPLFleaders remained in indefinite secret detentionwithout charge or trial as prisoners of consciencefollowing the September 2001 crackdown on dissent.Their whereabouts in detention had never beendisclosed by the government or confirmed by other


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sources. There were fears for their safety after newclaims in 2006 that General Ogba Abraha and possiblyothers held secretly with them had died in detentionin the intervening years through illness and denial ofadequate medical treatment. The government did notreply to appeals to clarify their fate or whereabouts orallow independent access to them. They had in effectbecome victims of enforced disappearance. Theyincluded former Vice-President Mahmoud AhmedSheriffo and his former wife Aster Fissehatsion, andformer Foreign Ministers Haile Woldetensae andPetros Solomon.

Hundreds of other prisoners of conscience arrestedat the same time or later, who were alleged to haveopposed the government, remained in detentionincommunicado and without charge or trial. Thewhereabouts of many of them were not known. Severalasylum-seekers forcibly returned from Malta in 2002and Libya in 2003 were still detained.b Aster Yohannes, Petros Solomon’s wife and aformer PFDJ central committee member, remained inincommunicado detention since 2003 when shereturned from the USA to be with her children, whomshe has not been allowed to see.

JournalistsNine journalists working for the state media weredetained in November. One was released but by the endof 2006 eight continued to be held without charge ortrial in the capital, Asmara.

Ten journalists working in the private media arrestedin the 2001 crackdown on dissent and one working inthe state media arrested in 2002 were still detainedincommunicado without charge or trial. Some wereheld in the Karchele security prison in Asmara but thewhereabouts of the others were not known. All privatemedia remained banned since 2001.

Military conscriptionNational service, comprising military service anddevelopment service such as road-building andconstruction work, remained compulsory andextended indefinitely for all men aged between 18 and40, although women were reportedly allowed to leaveat the age of 27. Conscript reserve duties extended tothe age of 50 and former EPLF veterans were alsosubject to recall. Some conscripts were permitted toperform their service in civilian governmentemployment but under military conditions.

The internationally recognized right of conscientiousobjection was denied. This applied particularly toJehovah’s Witnesses who refused military service(though not development service) on faith grounds.

The authorities instituted harsh measures tocounter the widespread evasion of military serviceand desertion by thousands of conscripts. Policesearches and round-ups were carried out, andhundreds of parents suspected of involvement withtheir children’s evasion or desertion were detained,some possibly indefinitely. They were released onlyon payment of a large financial bond for the missingconscript to surrender.

Rule of lawThe few functioning courts failed to protect theconstitutional rights not to be tortured or arbitrarilydetained. Special Courts handed down prisonsentences in secret summary trials for corruption andpolitical offences where the accused had no right tolegal defence representation or appeal. Secretadministrative security committees reportedlyimposed prison sentences without any semblance oftrial.

Military courts were not functioning. Militaryconscripts accused of a military offence such asdesertion, attempted desertion or being absent withoutpermission were arbitrarily imprisoned or punishedwith torture, or possibly executed in the most seriouscases, on the order of their military commander.

Torture and ill-treatmentSuspected government opponents and allegedsupporters of exile opposition groups were tortured insecurity or military custody. Religious prisoners weretortured to force them to abandon their faith. Torturewas also a long-established punishment for civilianprisoners held in army or security custody andconscripts accused of military offences. Methodsincluded being tied in painful positions for hours ordays, particularly that known as “helicopter”, andbeatings.

Religious and political prisoners were held in harshconditions amounting to cruel, inhuman and degradingtreatment. Many were held in metal shippingcontainers which were overcrowded, lacked sanitaryfacilities and were subject to extreme temperatures.Medical treatment was virtually non-existent andprisoners were only taken to hospital when they werealmost dying. General Bitwoded Abraha, detainedalmost continually since 1992 in Karchele securityprison in Asmara, suffered mental illness for years dueto poor prison conditions but has received no medicalor psychiatric treatment. Aster Yohannes was also inpoor health in the same prison without adequatemedical treatment.

AI country reports/visitsStatements• Eritrea: Independence Day call for a year of urgent

human rights improvements (AI Index: AFR64/004/2006)

• Eritrea: Five years on, members of parliament andjournalists remain in secret detention without trial(AI Index: AFR 64/009/2006)


EST

ESTONIAREPUBLIC OF ESTONIAHead of state: Toomas Hendrik Ilves (replaced ArnoldRüütel in October)Head of government: Andrus Ansip Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

Mass statelessness and discrimination againstethnic minorities continued to be of serious concern.The UN Committee on the Elimination of RacialDiscrimination expressed concern about Estonia’santi-discrimination laws and its current definition ofwhat constitutes a minority. Police failed to provideadequate protection for participants in a Gay Pridemarch in Tallinn.

StatelessnessAround 130,000 people living in Estonia remainedwithout citizenship and as a result faced discriminatorypractices, particularly in the fields of educational,labour and cultural rights. For example, statelessresidents were not allowed to work in certain parts ofthe public sector, and had only limited rights in terms ofmovement outside the country.

Stateless residents generally held either temporaryor permanent residence permits. In April, Estoniaintroduced the category of long-term resident which,among other things, reduced restrictions on the right tolive and work in other European Union member states.All permanent residents automatically qualify as long-term residents. However, in June 2007 a new languagerequirement was set to be introduced whereby long-term residency would only be granted to those who hadachieved the required level in Estonian.

Minority rightsDiscriminatory practices, including barriers toemployment, continued towards the country’slinguistic minority, affecting some 430,000 people,approximately 30 per cent of the population.

In August, the UN Committee on the Elimination ofRacial Discrimination adopted its ConcludingObservations on Estonia. The Committee recommendedthat the definition of what constitutes a minority set outin the Law on Cultural Autonomy of National Minoritiesshould be amended to include non-citizens, includingstateless people with long-term residence. TheCommittee further recommended that Estonia enactanti-discrimination legislation in accordance with theUN Convention against Racism. The Committee alsosuggested that Estonia consider providing free Estonianlanguage courses to all those applying for citizenship.

Lesbian, gay, bisexual and transgender rightsIn August, participants in a Gay Pride march in Tallinnwere attacked by more than a dozen counter-demonstrators. More than 10 participants in the march

were injured and one person was hospitalized withhead injuries. The counter-demonstrators, whoreportedly defined themselves as Estonian nationalists,physically and verbally attacked marchers, spat onthem and threw stones and eggs. Law enforcementofficials failed to intervene to prevent the attacks bythe counter-demonstrators; the authorities had notprovided sufficient resources to police the marchadequately.

International treatiesEstonia ratified the Optional Protocol to the UNConvention against Torture.

AI country reports/visitsReports• Estonia: The right to freedom of peaceful assembly

must be protected (AI Index: EUR 51/001/2006)• Linguistic minorities in Estonia: Discrimination must

end (AI Index: EUR 51/002/2006) VisitsAI delegates visited Estonia in March and August.

ETHIOPIAFEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIAHead of state: Girma Wolde-GiorgisHead of government: Meles ZenawiDeath penalty: retentionistInternational Criminal Court: not ratified

There were a number of political trials of oppositionparty leaders, journalists and human rightsdefenders. A parliamentary commission reportedthat the security forces did not use excessive forcewhen they killed 193 demonstrators in 2005, butdefecting commission leaders said there had beenexcessive use of force but that their findings hadbeen changed by the government. Scores of peoplewere detained and some reportedly tortured foropposition activities. Civilians were detained andsome were tortured or killed in the armed conflicts inthe Oromia and Somali regions, and also in Gambellaregion. Thousands of political detainees arrested inlate 2005 were released but several thousand othersstill remained in detention without charge or trial.The “genocide” trial of the former Derguegovernment (1974-1991) ended in December after12 years with convictions of 33 members in court and


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25 others in their absence, including formerPresident Mengistu Hailemariam. Several deathsentences were passed by courts but there were noexecutions.

BackgroundFive million people were dependent on emergencyfood aid, especially in the drought-affected Somaliregion.

The government continued to face armed oppositionfrom the Oromo Liberation Front (OLF) and OgadenNational Liberation Front (ONLF), both based in Eritrea.Ethiopia supported the armed Sudan-based EritreanDemocratic Alliance (EDA).

Ethiopia sent military assistance to Somalia’sTransitional Federal Government (TFG), contraveninga UN arms embargo, to support it against the forces ofthe “Islamic Courts”, which captured the capital,Mogadishu, in June and extended control over most ofcentral and southern Somalia. In October, Ethiopiaincreased military assistance to the TFG after theCouncil of Somali Islamic Courts (COSIC) declaredjihad (holy war) against Ethiopia. After increasingclashes with COSIC forces, the large Ethiopian forcedefeated COSIC in several days of fighting inDecember, and took control of Mogadishu. It placedthe TFG force in power and pursued fleeing COSICfighters to southwestern Somalia.

The UN Security Council extended until January 2007the UN Mission in Ethiopia and Eritrea (UNMEE) butcriticized the stalemate in negotiations over thecontested border. Ethiopia said it accepted theInternational Boundary Commission’s judgmentfollowing the 1998-2000 armed conflict, but refused toimplement it.

The National Human Rights Commission, legallyestablished in 2004, held a first workshop for non-governmental organizations (NGOs) in mid-2006. It hadnot started operating by the end of the year.

Political trialsFollowing the disputed May 2005 elections and massarrests of opposition party activists, leaders of theCoalition for Unity and Democracy (CUD), journalistsand civil society activists were brought to trial in May.They faced charges including treason, outrage againstthe Constitution and other capital charges. The 76defendants included Hailu Shawel, the CUD president,Berhanu Negga, an economics professor, and MesfinWoldemariam, a retired geography professor. Inaddition, 34 prominent Ethiopians in exile were chargedin their absence. Five Voice of America radio journalistswho were US citizens were among nine defendantsdischarged before the trial started.

All but three defendants refused to defendthemselves on the ground that they did not expect a fairtrial. The trial had not concluded by the end of 2006. AIconsidered they were prisoners of conscience and senta trial observer in October.

Four other CUD-related trials on similar chargeswere not completed at the end of the year. In the trial ofKifle Tigeneh, an elected member of parliament, and 32

other people, some defendants complained in courtthat they had been tortured to make false confessions.Berhane Mogese, a lawyer, was on trial with 22 others.

A separate trial of Mesfin Woldemariam and BerhanuNegga continued. They were accused of instigatingviolence during demonstrations at Addis AbabaUniversity in 2000.

JournalistsFourteen independent press journalists arrested inNovember 2005 were tried with the CUD leaders. KifleMulat, president of the Ethiopian Free Press JournalistsAssociation, was charged in his absence and soughtasylum abroad. Two other journalists, SolomonAregawi and Goshu Moges, were tried in separatecapital cases.

All private newspapers which had criticized thegovernment in connection with the elections remainedshut down. Many journalists fled the country.b Frezer Negash, a reporter for a US-based website,was arrested in February when three months pregnant,but released on bail two weeks later.

At least four journalists were charged under thePress Law in connection with alleged offencescommitted some years previously.b In March, Abraham Gebrekidan of Politikamagazine was jailed for a year for allegedly publishingfalse information.

A new Press Law, proposed by the government in2003 to replace the 1992 Press Law, was still underdebate. Combined with provisions in the new CriminalCode of May 2005, it could lead to further legalrestrictions on the freedom of the media andimprisonment of journalists.

Human rights defendersAmong defendants in the CUD trial were four humanrights defenders: Professor Mesfin Woldemariam,former president of the Ethiopian Human RightsCouncil; Daniel Bekelle, a lawyer and staff member ofActionAid; Netsanet Demissie, chair of the Organizationfor Social Justice in Ethiopia; and Kassahun Kebede, anEthiopian Teachers Association (ETA) official.

Two ETA officials were arrested in October withoutexplanation but released on bail after some days. Threeother officials were arrested in December and allegedlytortured. The ETA, Ethiopia’s longest-established tradeunion, continued to contest court actions by theMinistry of Justice to ban it and replace it by a pro-government organization bearing the same name.

Political arrestsDozens of people were arrested in Addis Ababa in late2006 for possession of a book secretly written inprison by Berhanu Negga or a calendar containingimages of the CUD prisoners and calling for civildisobedience.b Yealemzawde Bekelle, a lawyer working for theEuropean Commission in Addis Ababa, was arrested inOctober, reportedly after being named by a torturedprisoner. She was released on bail after eight days’incommunicado detention.


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Several thousand opposition supporters detained indifferent parts of the country after the November 2005demonstration were released on bail after some weeksor months in detention without charge. However, somethousands were believed to be still detained withoutcharge or trial during 2006.

Detentions and killings in the regionsIn the Oromia region, there were large-scale arrests indifferent areas during anti-governmentdemonstrations, particularly by school and collegestudents. Some protesters called for the release ofDiribi Demissie, a Mecha Tulema Associationcommunity leader on trial since 2004. He and his co-defendants were charged with supporting the OLF, butAI considered them prisoners of conscience. Hundredsof Oromo people detained in November 2005 werereportedly still held during 2006 without charge ortrial, as well as others detained in previous years foralleged OLF connections.

Numerous people accused of ONLF connections werereportedly detained in the Somali region, and manypolitical prisoners arrested in previous years were stillheld without charge or trial. Extrajudicial executionswere also reported.

In Gambela region in the southwest, there werescores of arrests of members of the Anuak ethnic group.Hundreds of people arrested during mass killings inGambela town in December 2003 were still detainedwithout charge or trial.

Some 60 peaceful demonstrators belonging to theSidama ethnic group in the southern region werearrested in Awassa and other southern towns in March.They were all released on bail by May.

Commission of inquiryIn March parliament established a Commission ofInquiry to investigate the killings during the 2005demonstrations. The Commission, headed by a judge,took evidence from the public and NGOs andinterviewed CUD leaders in prison. In July, theCommission’s chairperson fled the country and hisreplacement did the same in September. They allegedthat the Prime Minister had instructed them to changetheir finding – that the security forces had committedexcessive force – which they were not willing to do.

In November the report presented to parliamentstated that the Commission had found no evidence ofexcessive use of force by the security forces. The list ofpeople killed numbered 193, including six policeofficers, far more than the 78 reported by police. TheCommission found that 765 people, including 99women and several children, had been wounded,almost four times the police figure.

Victims had been shot by army or police bullets,some in the back while escaping and others possiblytargeted by snipers. At least 17 people imprisonedearlier in Kaliti prison, mostly on remand for ordinarycriminal offences but also some political prisoners,were shot dead in their cells at the same time onsuspicion of supporting the demonstrations and tryingto escape.

Torture and ill-treatmentTorture was reported by methods including electricshocks and beatings on the feet while tied upside down.The victims were political prisoners, particularly thosedetained on suspicion of supporting armed politicalgroups such as the OLF and ONLF.b Alemayehu Fantu, an engineer and supermarketowner in Addis Ababa, was reportedly tortured inOctober to make him admit to publishing or distributingthe CUD calendar, and to name others. He was taken tocourt with visible injuries, which the judges did notinvestigate, but released on bail on November.

Several of the CUD leaders held in Kaliti prison inAddis Ababa were at first denied medical treatment forillnesses contracted as a result of harsh and unhygienicprison conditions. Professor Mesfin Woldemariam,aged 76, was refused physiotherapy for back and legcomplaints. There were fears for his health as a result ofhis hunger strikes in December 2005 and February2006. He recovered quickly, however, after beingtreated in hospital for pneumonia in September. Therewere serious delays in provision of medical treatmentfor Hailu Shawel for eye surgery, and Berhanu Negga fora heart complaint.b Serkalem Fasil, a journalist who was seven monthspregnant, was taken to hospital to give birth, butdenied intensive care treatment for her baby son. Shewas returned to prison soon after the birth, taking thebaby with her.

Four prisoners of conscience were moved aspunishment to the Central Prison (Karchele), which wasin the process of demolition. CUD leaders MulunehEyuel and Amanuel Araya and journalists EskinderNegga and Sissay Agena were kept for over two monthsin dark underground cells in solitary confinement.

Dergue trial The trial of members of the 1974 military governmentknown as the Dergue ended in December after 12 years.Of the 72 people originally charged, 33 had been incustody since 1991, 14 others had died in custody and 25were tried in their absence, including former PresidentMengistu Hailemariam, who had asylum in Zimbabwe.All were found guilty of capital offences includinggenocide and mass killings, with sentencing due in2007. The long series of other trials of officials of theformer government for killings during the “Red Terror”campaign against “anti-revolutionaries” in 1977-79 wasnearly completed. Many defendants were jailed forlong periods (which most had already served, leading totheir release) and several death sentences wereimposed. Many convictions went to appeal.

Violence against womenAccording to Ethiopian women’s organizations,violence against women through domestic violence,rape and harmful traditional practices, includingfemale genital mutilation and early marriage, remainedwidespread. Female genital mutilation was prevalentamong many ethnic groups of different faiths in remoterural areas and abductions of girls were associated withearly marriages.


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Death penaltyTen death sentences for ordinary crimes werecommuted by presidential clemency in September.Several other death sentences for alleged politicallyrelated violent crimes were still in force. There were noexecutions.

AI country reports/visitsReport• Ethiopia: Prisoners of conscience on trial for

treason – opposition party leaders, human rightsdefenders and journalists (AI Index: AFR25/013/2006)

VisitAn AI observer attended the CUD trial in October.

FINLANDREPUBLIC OF FINLANDHead of state: Tarja HalonenHead of government: Matti VanhanenDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Conscientious objectors to military service wereimprisoned.

Conscientious objection to military serviceThe length of the civilian alternative to military serviceremained punitive and discriminatory. Conscientiousobjectors were obliged to perform 395 days of civilianservice, 215 days longer than military service. InOctober a Ministry of Labour working group proposedshortening the civilian service and recognizingconscientious objection in times of war or other publicemergency.b AI considered 11 imprisoned conscientiousobjectors to military service to be prisoners ofconscience. Most served sentences of 197 days forrefusing to perform alternative civilian service.

Violence against womenIn January the Minister of Social Affairs and Healthadmitted to AI the need for increased co-ordinationamong government ministries and for the creation ofan action plan on preventing violence against women.No such plan had been produced by the end of 2006.

An updated AI survey in May found that Finnishmunicipalities lacked the political will, co-ordination,expertise and resources to eradicate violence againstwomen, although a few were doing pioneering work.

An official study in December found that 43.5 per centof women in Finland were victims of physical or sexualviolence or threats of violence by men.

Trafficking in human beingsUnder the 2005 national action plan against trafficking,a detailed system for aiding and protecting victims oftrafficking was devised, but funding remaineduncertain. A special residence permit for victims oftrafficking was created under the Aliens Act, but thegranting of permits to victims was ordinarilyconditional on their co-operation with the authorities.

Finland ratified the UN Protocol to Prevent, Suppressand Punish Trafficking in Persons Especially Womenand Children, and signed the Council of EuropeConvention on Action against Trafficking in HumanBeings.

AsylumAccelerated asylum-determination procedures underthe Aliens Act allowed too short a time for claims to beconsidered thoroughly and for asylum-seekers toexhaust all avenues of appeal.

An increasing number of people were grantedtemporary residence permits, resulting in acorresponding increase in the number denied the rightto work or family reunification, and allowed onlyrestricted access to education and social and healthcare.

Unfair residence permit proceduresResidence permits were denied solely on the basis ofinformation from the security police withheld from theapplicant. However, in June, Kuopio AdministrativeCourt quashed a refusal to grant a residence permitbecause the immigration authorities had refused todisclose to the applicant information provided by thesecurity police, denying him a fair hearing. An appealby the authorities to the Supreme Administrative Courtwas pending.b In January, Pakistani national Qari Muzaffar IqbalNaeemi was granted asylum. In 2002 his request for arenewal of his residence permit had been denied. In2003 his deportation had been ordered on the basis ofinformation that remained undisclosed.


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FRANCEFRENCH REPUBLICHead of state: Jacques ChiracHead of government: Dominique de VillepinDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Reports of police misconduct, including ill-treatment,continued. Ethnic minorities, migrants and asylum-seekers were particularly vulnerable to such abuse. Anew immigration law restricted the rights ofmigrants. Racist, anti-Semitic and Islamophobicattacks continued. Six former Guantánamo Baydetainees went on trial for terrorism-related charges,but the case was suspended.

Police ill-treatment and impunityIncidents of abuse by police officers continued to bereported. The National Commission on Ethics andSecurity (Commission Nationale de Déontologie de laSécurité, CNDS) reported in April that complaints ofpolice misconduct in 2005 had risen by 10 per cent overthe previous year, particularly in relation to minors,asylum-seekers and migrants. The internal policedisciplinary body reported a 14.5 per cent increase inthe number of sanctions issued against police officersin 2005 compared with 2004.b On 17 August Albertine Sow, who was six monthspregnant, was violently handled and punched by policewhen she asked what was happening during a violentarrest of two young men in Paris. A relative of the youngmen also tried to intervene. The situation deterioratedand both the relative and Albertine Sow were hit bypolice batons on the head and ribs. Albertine Sowlodged a complaint with the disciplinary body of theParis police on 19 August, supported by numerouswitnesses. The same weekend, a judicial proceedingwas opened into the incident alleging a group assaulton the police.b Following his intervention in the violent arrest of astranger in Montpellier, Brice Petit was convicted in2005 of defamation for insulting a police officer, butacquitted of other charges. In March 2006 the Court ofAppeal in Montpellier confirmed his acquittal. Thesame month, a complaint Brice Petit had lodged againstthe police for their violent treatment of him duringarrest was closed without action.

Violence against womenViolence against women remained widespread, withofficial data indicating that on average one woman diedevery four days as a result of violence by her partner.More than half of the women killed had been the victimsof domestic violence on previous occasions. It wasreported that almost one in 10 women in France suffereddomestic violence. Other hidden but persistent forms ofgender-based violence included forced marriage, andthe trafficking of women for the purpose of prostitution.

Despite measures taken by the state towardsimproving its response to the issue of domesticviolence, co-ordination and resources remainedinadequate. The procedures for women trying to getaccess to justice were slow and complex. Foreignwomen faced specific additional difficulties, includingsocial isolation and a fear of losing residence rights.

Asylum and immigrationThe government proposed further restrictions on therights of asylum-seekers, even though the number ofasylum applications in 2006 fell by 40 per centcompared with the previous year.

Albania, Macedonia, Madagascar, Niger and Tanzaniawere added to the list of 12 “safe” countries from whichasylum-seekers are dealt with under a fast-trackprocedure with reduced protection and no socialsupport. Appeals lodged under this system do not leadto the suspension of expulsion proceedings. Followingcriticism from non-governmental organizations (NGOs),including AI, the government abandoned moves toreduce from one month to 15 days the time allowed toappeal against a rejected asylum application.

A new immigration law, under which irregularmigrants will no longer benefit from automaticregularization of status after 10 years’ residency inFrance, was passed in July despite strong popularopposition. Regularization will now take place on acase-by-case basis. Family reunification applicationswill be allowed after 18 months (previously one year)and applicants must demonstrate sufficient financialmeans to support family members wishing to join them.For migrants entering France specifically to work,different forms of residence permits will be grantedaccording to the length of contract and level ofprofessional skill in order to support the programme of“selective immigration”. A special three-year permitwill be created for “highly qualified” immigrants. Inother cases, residence permits will be limited to theduration of the holder’s work contract. As loss ofemployment would lead to the risk of expulsion, somemigrants will face heightened risk of exploitativeworking conditions. Foreign residents convicted of“rebellion” (resisting arrest) may have their 10-yearresidence permit replaced with a one-year permit,renewable annually. The offence of “rebellion” isextremely broad and is commonly cited incontroversial arrests or as a counter-charge toaccusations of police misconduct.

Expulsions of illegal immigrants continued, totallingsome 24,000 by the end of the year. In June the Ministerof the Interior offered financial assistance to familiesfulfilling certain criteria, such as having children inschool, to return voluntarily to their country of originand a review of their migration status if they declinedsuch aid.b On 28 September, three police officers appearedbefore the Magistrates’ Court in Bobigny charged withinvoluntary manslaughter for the death in January 2003of Getu Hagos Mariame, an Ethiopian national whoseasylum application had been rejected. He died inhospital after being forcibly restrained by police


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officers accompanying his expulsion. The officersallegedly used such force that they blocked the arterialblood flow to his brain. The officers were suspendedfrom duty for 10 months but were later readmitted tothe border patrol police. In November, the seniorofficer involved was convicted of involuntary homicideand given a six-month suspended sentence. The othertwo officers involved were acquitted.

Racism and discriminationRacist, anti-Semitic and Islamophobic attackscontinued to be a problem. In March the NationalConsultative Human Rights Commission (CNCDH)reported a 38 per cent decrease in racist threats andattacks during the previous year, although a nationalsurvey revealed an increase in racist attitudes.Mosques were vandalized in Carcassonne and Quimperat the beginning of Ramadan.b In February a young Jewish man, Ilan Halimi, waskidnapped in Paris by a gang and held for ransom forthree weeks before being tortured to death. Thesuspected gang leader said they had chosen Ilan Halimibecause he was Jewish and therefore assumed to berich. The event sparked protests involving tens ofthousands of demonstrators in Paris and across thecountry. Anti-Semitic attacks followed thedemonstrations.

Poor prison conditionsPrison conditions remained poor. A report by theCouncil of Europe Commissioner for Human Rightsstrongly criticized conditions inside prisons and notedchronic overcrowding. The Minister of Justice stated inJuly that the prison population had reached almost60,000, although the number of prisoners held in pre-trial detention had significantly fallen.

Restriction on freedom of expressionOn 12 October parliament adopted a bill that wouldmake it a crime to contest that the massacres ofArmenians in the Ottoman Empire in 1915 constitutedgenocide. The new crime would be punishable by up tofive years’ imprisonment and a fine. The bill wasawaiting approval by the Senate and the President.

‘War on terror’ concernsGuantánamo Bay detaineesSix former detainees at the US military base inGuantánamo Bay went on trial in France for alleged“criminal conspiracy in relation to a terroristenterprise”. The six, all French nationals, werecaptured in Afghanistan in 2001 and transferred toGuantánamo Bay. In 2004 and 2005 they were releasedto France, where they subsequently spent an average of18 months in remand detention. The men had beeninterviewed in Guantánamo Bay in 2002 by Frenchsecret service agents. Although the informationgathered was not presented at the trial in France, themen’s lawyers said that it had triggered the judicialinvestigation. The court, which had been due to deliverits judgment in September, asked for furtherinvestigations, including the questioning of high-

ranking officials from the secret services and Ministryof Foreign Affairs. A new trial was due to start in May 2007.Rendition flightsA report of AI’s investigations into secret renditionflights by the USA in the “war on terror”, published inApril, contained information on six flights suspected tohave landed or made stopovers at French airports. Theinformation cast further doubt on claims by the Frenchauthorities that they had been unaware of such flights.A preliminary inquiry on this matter was openedfollowing a complaint lodged by two NGOs in December2005, but the public prosecutor closed the inquiry inAugust, saying that it was not possible to gatherinformation on the identity of passengers of the flightsin question.Anti-terrorism lawLaw 2006-64, which was passed in January, givescustodial judges the authority to order up to twoadditional 24-hour extensions of police custody interrorism cases – in addition to the two 24-hourextensions already permitted – where there is believedto be a serious risk of an imminent terrorist attack orwhere international co-operation is necessary to theinvestigation. The new law means that a detainee maybe held for six days before appearing before a judge.Suspects have access to a lawyer after 72 hours, 96hours and 120 hours.

Death penaltyIn January, following a 2005 decision by theConstitutional Council that France’s ratification of theInternational Covenant on Civil and Political Rightsrequired a constitutional reform, President JacquesChirac announced his intention to amend theConstitution to reflect the prohibition of the deathpenalty in all circumstances. Such a measure wouldalso enable France to become party to the Covenant’sSecond Optional Protocol, aimed at total abolition ofthe death penalty.

AI country reports/visitsReports• France: Violence against women – a matter for the

state (AI Index: EUR 21/001/2006)• Europe and Central Asia: Summary of Amnesty



GAM

GAMBIAREPUBLIC OF THE GAMBIAHead of state and government: Yahya JammehDeath penalty: abolitionist in practiceInternational Criminal Court: ratified

More than 70 civilians and members of the military,including prisoners of conscience, were unlawfullydetained after an alleged coup attempt in lateMarch. Several journalists and editors were alsounlawfully detained for many weeks. At least 12detainees were reportedly tortured. Trials ofsuspected coup plotters were continuing in militaryand civilian courts at the end of the year. Fivepeople who allegedly escaped may have beenextrajudicially executed. Repression of the right tofreedom of expression intensified.

BackgroundIn September President Jammeh won presidentialelections.

Unlawful detentions and tortureAfter an alleged coup attempt in late March, morethan 70 people were unlawfully detained for longerthan the 72 hours allowed by Gambian law. Amongthose held by the National Intelligence Agency (NIA)were prisoners of conscience, lawyers, journalists,editors, civilians, military and security personnel, and politicians.

On 27 March suspects reportedly dressed in militaryuniform appeared on national television “confessing”to involvement in a coup attempt.

Some of the detainees were held incommunicado forseveral weeks at the NIA headquarters and the Mile 2prison, where at least 12 were allegedly tortured or ill-treated. The number of those still held at the end of2006 was not clear.b Mariam Denton, a lawyer and prisoner ofconscience, was detained on 6 April and unlawfully heldin Mile 2 prison for over three months. Although herlawyers’ application for access was granted by the HighCourt on 25 April, the prison authorities denied accessuntil after 10 May. She was released without charge on 25 July after a failed attempt by the prosecutor to haveher charged with concealment of treason.

At least 12 detainees were allegedly tortured. Somereportedly had their heads covered with plastic bags orwere held under water for long periods. Others werereportedly burned with cigarettes or severely beaten.

Trials after alleged coup attemptPreliminary hearings began in the High Court in Banjulon 10 May for 15 defendants detained in relation to thecoup attempt. Charges, including treason andconcealment of treason, all of which are capital andnon-bailable offences, were made public in late May. One defendant was reportedly released on

8 December. Two other detainees were charged withancillary crimes, one of whom reportedly had thecharges against him dropped in November and wasreleased. On 28 July it was reported that another sevendetainees, including Abdoulie Kujabi, a former DirectorGeneral of the NIA, had been charged with conspiracyto commit treason. Their trial had not started by theend of 2006 and one of them was reportedly releasedon 8 December.

On 18 July, several defence lawyers reportedlywithdrew from one case, citing concerns about theindependence of the judge. Some detainees weredenied access to their lawyers. At least four militarydefendants in the treason trial were transferred to acourt martial, where their statements suggested thatconfessions had been obtained under duress ortorture.

Suspected extrajudicial executionsThe authorities alleged that former NIA DirectorGeneral Daba Marena and four soldiers – Ebou Lowe,Alieu Cessay, Alpha Bah and Malafi Corr – escapedduring a prison transfer around 4 April. There werefears that they had in fact been extrajudicially executedor become victims of enforced disappearance. Noindependent investigation into the alleged escape hadbeen initiated by the end of the year.

Freedom of expressionAt least nine Gambian and foreign journalists andeditors were detained, and some were reportedlytortured. Harassment and threats against journalists,editors and media critical of the governmentintensified.b On 28 March, Musa Saidykhan, editor of TheIndependent, and Madi Ceesay, managing director,were arrested and the newspaper’s premises wereclosed. The two men were held incommunicado at theNIA headquarters until 20 April, when they werereleased without charge and without an official reasonfor their detention. The newspaper remained closed atthe end of the year.b On 10 April, Lamin Fatty, a reporter with TheIndependent, was detained at the NIA headquarters inconnection with the coup attempt. He was heldincommunicado for over two months. In May, he wascharged with publishing false information. His trial wascontinuing at the end of the year. b On 25 May the online Freedom Newspaper had itsweb-site hacked into, and a list of over 300 names ofalleged “informers” was published in a pro-governmentnewspaper. At least four journalists were subsequentlyarrested but were released without charge. Onejournalist was held incommunicado at the NIAheadquarters for almost five months before beingreleased without charge.

ImpunityThere were no official investigations into past humanrights violations. The government did not bring tojustice those responsible for the assassination ofjournalist Deyda Hydara in December 2004.


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AI country reports/visitsStatement• Gambia: Alleged coup plot must not be used as

excuse to violate citizens’ human rights (AI Index:AFR 27/004/2006)

GEORGIAGEORGIAHead of state: Mikheil SaakashviliHead of government: Zurab NoghaideliDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Pre-trial and convicted prisoners were reportedly ill-treated on several occasions, and excessive force wasreportedly used in prison disturbances in which atleast eight detainees died and many more werewounded, including special forces officers. Policeofficers continued to enjoy impunity in dozens ofcases in which torture, ill-treatment and excessiveuse of force have been alleged. The authorities failedto protect women from domestic violence or bring itsperpetrators to justice. A new law on domesticviolence was a positive step, although it postponedthe setting up of urgently needed temporary sheltersfor women and children. The internationallyunrecognized breakaway areas of Abkhazia andSouth Ossetia retained the death penalty. Civilsociety activists in South Ossetia risked harassmentbecause of contacts with Georgian activists.

Torture, ill-treatment and excessive forceThe government’s two-year Plan of Action againstTorture, which expired in December 2005, was notextended although many recommendations by a rangeof international human rights bodies remainedunimplemented. These included recommendationsmade by the UN Special Rapporteur on torture andother cruel, inhuman and degrading treatment orpunishment, the UN Committee against Torture, andthe European Committee for the Prevention of Tortureand Inhuman and Degrading Treatment or Punishment.

In a positive move in April, parliament removed anytime limit on the period in which charges could bebrought for the crimes of torture, threat of torture, andinhuman and degrading treatment.

Investigations were opened into allegations of policetorture or ill-treatment in dozens of cases. Five officerswere sentenced to prison terms of between three andseven years. Investigations were allegedly notthorough or impartial in at least some cases.

b In January officers of the Interior Ministry severelybeat and otherwise ill-treated Sandro Girgvliani and hisfriend Levan Bukhaidze on the outskirts of Tbilisi. LevanBukhaidze was abandoned and managed to get back tothe city. Sandro Girgvliani died as a result of injuries hesustained and was found near a local cemetery the nextday. In July, four officers were sentenced to prisonterms for causing his death. However, no impartialinvestigation was opened into allegations that thosewho killed Sandro Girgvliani had acted on the orders ofsenior officials of the Interior Ministry, it was reported.

In May the UN Committee against Torture called onthe authorities to introduce regular monitoring by anindependent oversight body of human rights violationsby police and prison personnel; to strengtheninvestigative capacity to ensure allegations of tortureor other ill-treatment were investigated promptly andthoroughly; and to promptly inform all detainees oftheir rights to counsel and to be examined by a medicaldoctor of their own choice. The Committee alsorecommended legislation on reparation for victims ofabuse and in the meantime practical measures toprovide redress, fair and adequate compensation, andrehabilitation.Investigation-isolation facilities and prisonsIn several instances, ill-treatment and excessive forcewere allegedly used against inmates of investigation-isolation facilities and prisons. However, only in thecase of disturbances in Tbilisi in March was there anofficial investigation, which did not start until June andhad not made its results public by the end of 2006.b On 27 March special police and prison forcesentered the Investigation-Isolation Prison No. 5 inTbilisi to suppress an allegedly orchestrated armed riotand attempted break-out. The operation left at leastseven inmates dead and many others wounded,including special forces officers. The same dayPresident Mikheil Saakashvili and senior officialsdenied allegations that excessive force had been used.Unofficial reports suggested that the special forces hadbeen sent in to suppress a spontaneous protest overabuses of prison hospital inmates by a senior prisonofficial and special forces during the night of 26 to 27March. It was also alleged that they did not attemptnon-violent means to establish control, butimmediately fired automatic weapons and rubberbullets and beat detainees with truncheons. Many ofthe injured reportedly did not receive adequatemedical treatment. In some cases, doctors onlyobtained access to detainees following interventionsby the Ombudsman.

Violence against women in the familyViolence against women by their partners and formerpartners included verbal and psychological abuse,physical and sexual violence, and killings. Mostfrequently, women were beaten, hit and kicked, butthey were also burned with cigarettes, had their headsbashed against walls, or were raped.

The authorities did not gather comprehensivestatistics on domestic violence. A study by the non-governmental Caucasus Women’s Research and


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Consulting Network reported that 5.2 per cent ofwomen had experienced frequent physical abuse bytheir partner, adding to the data produced by UNPopulation Fund studies in Georgia in 1999 and 2005which found that 5 per cent of women reported physicalabuse.

Among obstacles to eradicating domestic violencewere the widespread impunity enjoyed by itsperpetrators, and insufficient measures and services toprotect victims such as temporary shelters andadequate, safe housing. The authorities also failed toensure a functioning cross-referral system betweenhealth workers, crisis centres, legal aid centres, and lawenforcement authorities, or to provide mandatorygovernment training programmes for police,procurators, judges and medical staff.

The adoption by parliament in May of a new law ondomestic violence was an important step in meeting thegovernment’s obligations to prevent abuses andprotect survivors. The law introduced a definition ofdomestic violence in domestic legislation, and a legalbasis for issuing protection and restraint orders.However, implementation of the provision fortemporary shelters for victims of domestic violencewas postponed until 2008. Also, a plan outliningmeasures and activities necessary to implement thelaw, which should have been approved within fourmonths of the law’s publication, had not been approvedby the end of 2006.

In August the UN Committee on the Elimination ofDiscrimination against Women was concerned that theprovision of the new domestic violence law to set upshelters for women and children had been postponed,that there was a lack of official data on domesticviolence, and that domestic violence may still beconsidered a private matter. The Committee urged thata national action plan to combat domestic violence becompleted and implemented, and recommended that aproperly resourced mechanism be given the necessarypowers to promote gender equality and monitor itspractical realization. It also recommendedstrengthening the protection of victims; datacollection, research and evaluation of measures taken;training; and public awareness raising.

Abkhazia and South OssetiaFreedom of expression at riskIn June the mother of civil society activist AlanDzhusoity was dismissed from her job as head mistressof a school in Tskhinval/Tskhinvali, South Ossetia, in anapparent attempt by the authorities of South Ossetia toput pressure on her son to end his contacts withGeorgian civil society organizations. Several days later,Alan Dzhusoity and fellow activists Alan Parastaev andTimur Tskhovrebov, in a television discussion in Tbilisi,called for an independent South Ossetia, peace anddialogue between South Ossetians and Georgians, andacknowledgement by Georgia that the South Ossetianpopulation had a right to self-determination. EduardKokoity, the de facto President of South Ossetia,subsequently summoned civil society activists andwarned them against contact with Georgians.

Death penaltySouth Ossetia continued a moratorium on deathsentences and executions. Abkhazia had a moratoriumon executions only. Two prisoners were on death row inAbkhazia. Reportedly, at least 16 people had beensentenced to death in Abkhazia since the early 1990s.

In June the Parliamentary Assembly of the Council ofEurope (PACE), in recommendations on the deathpenalty in Council of Europe member and observerstates, stated that the death penalty should beabolished in Abkhazia and South Ossetia, and that alldeath sentences in Abkhazia should be immediatelycommuted to bring an end to the state of uncertaintysuffered by prisoners on death row for years.




• Georgia: Briefing to the Committee against Torture(AI Index: EUR 56/005/2006)

• Georgia: Thousands suffering in silence – Violenceagainst women in the family (AI Index: EUR56/009/2006)

VisitsIn January AI delegates met senior government officialsand key policy makers in Georgia to discuss torture andother ill-treatment. In April an AI delegate conducted aresearch visit.

lence – Violence against women in the family (AI Index:EUR 56/009/2006)Violen

GERMANYFEDERAL REPUBLIC OF GERMANYHead of state: Horst KöhlerHead of government: Angela MerkelDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Germany was implicated in abuses linked to the US-led “war on terror”. Asylum laws left refugees whosestatus had been withdrawn vulnerable todeportation to unsafe countries.

BackgroundIn September Germany signed the Optional Protocol tothe Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment.


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RenditionsThe authorities failed to hold anyone responsible forGermany’s involvement in the USA’s programme ofsecret detentions and renditions – the unlawfultransfer of people between states outside of anyjudicial process.b In May, a parliamentary committee of inquirydecided to investigate the case of German citizenMuhammad Zammar. He was apprehended in Moroccoin December 2001, allegedly by Moroccan securityservices, and subsequently transferred to Syria,reportedly on a US Central Intelligence Agency (CIA)plane. He was reportedly tortured in the PalestineBranch (Far’ Falastin) of Military Intelligence inDamascus, the Syrian capital. In November 2002, adelegation of German intelligence and lawenforcement officials interrogated Muhammad Zammarin Syria for three days. Even though he was detainedwithout access to family, a lawyer or German embassyofficials, the delegation did nothing to help him andfailed to inform the German embassy or his familyabout his situation. In October 2006 MuhammadZammar was apparently charged by Syria’s SupremeState Security Court, including with offences related tomembership of the outlawed Muslim Brotherhood. Ifconvicted, he could face the death penalty. At the endof 2006 he was reportedly held in Sednaya prison onthe outskirts of Damascus. Germany had not held toaccount anyone responsible, directly or indirectly, forany human rights violations suffered by MuhammadZammar.b In May the same parliamentary committee ofinquiry began looking into the case of Khaled el-Masri, a German citizen who was detained inMacedonia in December 2003, handed to US officials,and later secretly flown to Afghanistan via Iraq. InAfghanistan, he said he was beaten and giveninsufficient food. He was interrogated repeatedly byUS agents and by a uniformed German-speaking man.In May 2004 he was released and returned to Germanyvia Albania. On 1 June the German Federal IntelligenceService declared that one of its staff members hadbeen told about Khaled el-Masri’s detention inDecember 2003, but had failed to report it.

Torture and other ill-treatmentIn relation to alleged terrorist suspects, Germanyfailed to respect the prohibition on torture and otherill-treatment.b In August, after negotiations between thegovernment and the US authorities, German-bornTurkish citizen Murat Kurnaz was released from USdetention at Guantánamo Bay, Cuba. Classifiedgovernment documents leaked in March showed thatthe USA had offered to release Murat Kurnaz in 2002,but Germany had proposed that he be sent to Turkeyeven though there was no evidence that he hadcommitted a crime. Following his release, MuratKurnaz said that while held earlier in US detention inKandahar, Afghanistan, German soldiers banged hishead on the ground. The prosecutor’s office inTübingen started an investigation into this allegation.

German soldiers who helped guard the prison inKandahar confirmed that there had been a German-speaking detainee there.b In November the German Federal Court of Justicefound Moroccan citizen Mounir el-Motassadeq guiltyof being an accessory to murder on 246 counts inconnection with the attacks on the World TradeCenter in New York on 11 September 2001. He wassentenced to seven years’ imprisonment. In June2005, the Hamburg Supreme Court had ruled thatevidence possibly obtained under torture or cruel,inhuman or degrading treatment was admissible inthe retrial, a ruling that breached international law.

Universal jurisdictionIn March, the German Attorney General decided not toprosecute the former Uzbekistani Minister of InternalAffairs Zokir Almatov, who was reportedly one of thecommanders of the security forces responsible for amass killing in the Uzbekistani city of Andizhan in May2005. Zokir Almatov had already fled Germany, wherehe had been receiving medical treatment, after he wasalerted to an attempt to persuade the federalprosecutor to open a criminal investigation against himunder Germany’s Code of Crimes against InternationalLaw. This law allows courts to exercise universaljurisdiction in cases of alleged crimes against humanity,war crimes or genocide, irrespective of where theywere committed or the nationality of the accused andthe victims.

In November a criminal complaint was filed againstthe US former Secretary of Defense Donald Rumsfeldand other high-ranking US officials for alleged crimesunder international law committed in Iraq and atGuantánamo Bay. The complaint was based on the Codeof Crimes against International Law.

Refugees at riskThe Federal Agency for Migration and Refugeescontinued to withdraw refugee status from individuals,particularly those from Afghanistan and Iraq, eventhough they would not be safe if returned. After refugeestatus was withdrawn, the residence permits of theindividuals concerned were often cancelled, puttingthem at risk of deportation to their country of origin. InNovember the Interior Minister declared that peoplecould be deported to northern Iraq.

The government proposed new asylum legislationthat did not fully conform to international refugeelaws and standards as well as European Uniondirectives. For example, individuals would not beproperly protected against religious persecution. Theproposal also failed to resolve the issue of theapproximately 200,000 people with “leave to remain”status, among whom were people whose asylumclaims had been rejected but who had not beendeported for humanitarian reasons. Their continuedstay in Germany was decided on a monthly basis andthey had restricted access to the labour market. Theproposal would give these people a two-yearresidence permit provided that they had foundemployment by the end of September 2007.


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Police accountabilityb In November, the Regional Court of Dessaurefused, on grounds of insufficient evidence, to openproceedings against two policemen allegedly involvedin the death of Sierra Leonean citizen Oury Jalloh, whodied in 2005 after being burned alive in a police cell. Hehad been chained to his bed allegedly because he hadresisted arrest. Preliminary investigations by the StateAttorney concluded that the fire alarm in Oury Jalloh’scell had been switched off during the incident.

AI country reports/visitsReport• Partners in crime: Europe’s role in US renditions

(AI Index: EUR 01/008/2006)

GHANAREPUBLIC OF GHANAHead of state and government: John Agyekum KufuorDeath penalty: abolitionist in practiceInternational Criminal Court: ratified

The government began paying reparations to victimsof human rights violations under previousgovernments. The death penalty continued to behanded down in cases of murder and for treason.Violence and discrimination against womenremained prevalent.

Violence against womenWomen continued to be victims of domestic violenceand female genital mutilation.

The Domestic Violence Bill was the subject ofParliamentary debate, during which a clause that wouldcriminalize marital rape was dropped. The Bill had notbecome law by the end of the year.

Forced evictionsForced evictions and internal displacement,particularly of marginalized people, continued to occur.b Hundreds of residents from the Dudzorme Island(in the Digya National Park) were forcibly evicted in lateMarch and early April. Those evicted were not providedwith alternative housing or with compensation. On 8 April, some of those evicted were reportedly forcedinto an overloaded ferry, which subsequently capsized,leaving around 30 people dead according to officialsources, and many others unaccounted for.

Death penaltyDespite statements by government officials that thedeath penalty should be abolished, no concrete steps

were taken towards abolition and death sentencescontinued to be handed down. No executions werecarried out.

The National Reconciliation CommissionIn October the government began paying reparations tosome 2,000 Ghanaians who had suffered human rightsabuses under former governments. The reparationpayments were recommended by the NationalReconciliation Commission, which was formed in 2002to address human rights violations committed undervarious governments since Ghana gainedindependence in 1957.

GREECEHELLENIC REPUBLICHead of state: Karolos PapouliasHead of government: Constantinos KaramanlisDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Two agents of the intelligence service were chargedin connection with the alleged abduction of sevenpeople in the context of the “war on terror”. Migrantssuffered ill-treatment, and there were concerns aboutforcible return. Migrant children were held indetention on at least two occasions. A draft lawaimed at bringing the country’s asylum procedure inline with international standards was being finalizedbut had not been passed by the end of the year.Conscientious objectors continued to facepersecution. Women victims of domestic violence ortrafficking and forced prostitution were not grantedthe necessary protection.

Abductions and incommunicado detention inthe ‘war on terror’In May, two agents of the Hellenic Intelligence Servicewere charged in connection with the allegedabductions of one Indian and six Pakistani nationals inAthens in July 2005. No evidence came to light in thecases of six other agents initially suspected ofinvolvement in the abductions. The eight agents werethe subject of further investigations. The abductionsappeared to have taken place in the context ofinternational investigations into the London bombingsof July 2005. The government originally stated that itsintelligence service and other agencies had not beeninvolved. In November, Javed Aslam, a Pakistaninational, who had complained to the prosecutor onbehalf of his co-nationals, was arrested by Greek policeand was held in Korydallos prison awaitingdeportation, after an arrest warrant was issued by the


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Pakistani authorities, charging him with illegalmigration and smuggling of human beings.

Treatment of migrants and refugeesThe government failed to allow asylum-seekers accessto the country and continued to return them to theircountry of origin, without legal aid or access to asylumprocedures.b In September, 118 people who had beenshipwrecked on the island of Crete two weeks earlierwere expelled to Egypt, without being given access tolawyers and AI representatives who had requested tomeet them.b In September, 40 people trying to reach the islandof Chios by boat were intercepted by Greek coastguardswho allegedly took them on board after their boat hadsunk, handcuffed them, took them towards Turkey andforced them into the water. The bodies of six peoplewere found on the Turkish coast, 31 were rescued by theTurkish authorities, and three were reported missing.The Greek authorities denied the allegations.

Detention conditions reportedly amounted to ill-treatment. The detention of minors was also reported.b It was reported that six minors were amongrefugees and migrants being held at the detentioncentre on the island of Chios. There were also reports ofovercrowding and lack of toilet facilities at the centre.b Five minors were detained in the city of Volos for 45days before being transferred to Athens where theywere detained for a second time.

There were also reports of ill-treatment of migrantsand asylum-seekers.b Forty migrants, including minors, who wereattempting to board ships bound for Italy from the portof Patras were reportedly detained at the Patras PortSecurity Office and some were beaten.

Conscientious objection to military serviceThe majority of the conscientious objectors who wereexpected to benefit from the law on military servicerefused to resubmit their applications in protest againstthe punitive length of civilian service. In October, anapplication for conscientious objector status wasrejected because the grounds for the application werenot religious.b In May Lazaros Petromelidis was handed a five-month suspended prison sentence by the AthensAppeals Court. He appealed against the sentence.b In June the Athens Military Appeals Court ruled onthe cases of two conscientious objectors accused ofdisobedience. Boris Sotiriadis was acquitted andGiorgos Koutsomanolakis was convicted and handed a10-month suspended prison term.b In October the Athens Military Appeals Courtdecreased Giorgos Monastiriotis’ 40-month prisonsentence for desertion to 24 months, with three years’suspension. He was convicted after refusing to followhis unit to Iraq.

Domestic violenceIn October parliament adopted a law combatingdomestic violence, placing the emphasis on the

preservation of the family unit rather than on the rightsof the victims, who in the vast majority of cases arewomen. Under the law, judicial arbitration would be atthe initiation of the prosecutor rather than at thevictim’s request, a definite time frame for immediateimplementation of restraining orders was lacking, andbudgetary provisions to ensure the implementation ofthe law had not been allocated by the end of the year.

Trafficking in human beingsIn February Albania and Greece signed an agreementon the protection of Albanian children being traffickedinto Greece. By the end of the year, the agreement hadyet to be ratified by the parliament. The agreement setout procedures for the provision of food, shelter, andmedical and psychosocial support; the appointment oftemporary guardians; arrangements for voluntaryreturn; the integration process upon their return; andthe prohibition of detention and criminal prosecutionof children.

The agreement did not, however, specify conditionson voluntary return of children, including the process ofdetermining whether the return was indeed voluntary.Nor did it specify provisions for the protection ofchildren during the criminal investigation process or forcases of children trafficked by their parents.b In April a Bulgarian woman was detained on theisland of Rhodes for illegal entry, and two men who hadarranged her transfer from Crete to Rhodes werecharged with trafficking and pimping. The womanreported that after she was detained, a police officertook her to his house where he raped her, and when shewas taken to the police station she was raped by anotherofficer. A criminal investigation was opened, the twoofficers were charged with rape, and the guard on dutyat the police station at the time and the police stationcommander were both charged with neglect of duty.

There were concerns that victims of trafficking wererequired to testify against their traffickers before beinggiven protection.

Freedom of expressionIn July the European Court of Human Rights ruledunanimously that Greece had violated Article 9 of theEuropean Convention on Human Rights in the case ofMehmet Agga, an elected but unofficial Mufti in theprefecture of Xanthi, who had been convicted in 1997by a domestic court for usurping the function of aminister of a “known religion” under Article 175 of theCriminal Code.

Update: The killing of Marinos ChristopoulosIn November, Giorgos Tylianakis, the police officer whohad killed a 22-year-old Romani man, Marinos Christo-poulos in October 2001, was sentenced to 10 years andthree months’ imprisonment by the Court of Appeals.

AI country reports/visitsReport• Greece: High time to comply fully with European

standards on conscientious objection (AI Index: EUR25/003/2006)


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VisitsAI delegates visited Greece in July and September. InSeptember, the Secretary General of AI met seniorgovernment figures.

GRENADAGRENADAHead of state: Queen Elizabeth II, represented by Daniel WilliamsHead of government: Keith MitchellDeath penalty: abolitionist in practiceInternational Criminal Court: not ratified

The ‘Grenada 17’In June the Truth and Reconciliation Commissionpresented its report to Parliament. According toreports, the Commission called for “an appropriateopportunity for the ‘Grenada 17’ to access existing orestablished courts... which would studiously ensure theprocess of fair trial.” The “Grenada 17” were convictedin 1986 following unfair trials of the murder of PrimeMinister Maurice Bishop and others in 1983. During thetrial the defendants alleged that some of thestatements used in evidence against them had beenobtained under torture and there were seriousconcerns about the possible bias of judicial officials andjurors involved in the case. The Commission also calledfor efforts to be made to find the bodies of those whodied during the coup and US invasion and to paycompensation to their families. The government hadfailed to take any steps to implement the Commission’srecommendations by the end of the year.

In December the UK Judicial Committee of the PrivyCouncil, Grenada’s highest court of appeal, heard aconstitutional motion presented by the 13 members ofthe “Grenada 17” who remained in prison challengingthe constitutionality and fairness of their detention. Adecision was expected in early 2007. Three of the“Grenada 17” – Andy Mitchell, Vincent Joseph andCosmos Richardson – were released in December aftercompleting 20 years in prison. Their sentences hadbeen reduced to 20 years for good behaviour. PhyllisCoard had been released in 2000 for health reasons.

GUATEMALAREPUBLIC OF GUATEMALAHead of state and government: Óscar Berger PerdomoDeath penalty: retentionistInternational Criminal Court: not ratified

Threats, attacks and intimidation against humanrights defenders, in particular those focusing oneconomic, social and cultural rights, intensified.Large numbers of women continued to be killed, withfew successful prosecutions of the perpetrators.There was some progress in bringing to justice someof those responsible for human rights violationscommitted during the internal armed conflict.

BackgroundThere were continued high levels of crime, affecting allsectors of society.

Various groups protested against differentgovernment economic policies. February saw protestsagainst the Central America Free Trade Agreement. InJune, doctors protested against under-investment inhealth services and infrastructure. Some ruralIndigenous communities continued to oppose miningactivities in their areas.

In February, the Office of the UN High Commissionerfor Human Rights in Guatemala issued its first report.Among other recommendations it called for moreinvestment to prevent human rights violations andprotect human rights.

Constitutional guarantees were suspended twiceduring the year in certain rural areas as combined armyand police forces searched for alleged weapons cachesand crops producing illegal drugs. Civil society groupsprotested against the manner of the searches andaccused them of being politically motivated, ascommunities in the targeted areas had protestedagainst government policies.

In October, a Mexican court authorized theextradition of former President Alfonso Portillo, wholeft the presidency in January 2004, to face charges ofcorruption. An appeal was lodged.

In December the government signed an agreementwith the UN to establish the International CommissionAgainst Impunity in Guatemala. The Commission wouldsupport the Public Prosecutor's Office in prosecutingthe activities of illegal security forces and clandestinesecurity organizations. The agreement was notsubmitted to Congress for ratification by theend of the year.

Violence against womenAt least 580 women were killed, according to policerecords. According to the Public Prosecutor’s Office,during 2006, six people were sentenced for suchkillings, which often involved sexual violence.

In June, the UN Committee on the Elimination ofDiscrimination against Women expressed concern at


GUI

the disappearances, rape, torture and murders ofwomen and the engrained culture of impunity for suchcrimes. In September, Congress approved the creationof a new National Institute of Forensic Sciences whichwould unify the forensic services of differentgovernment bodies. A law which considered sexualrelations with a female minor a crime only if the girl was“honest” remained in force.b In February, the body of Silvia Patricia Madrid, a 25-year-old sex-worker, was found semi-naked on aroad on the outskirts of Guatemala City. She had beenstrangled and her body showed signs of sexualviolence. The authorities did not collect evidence fromthe alleged murder scene.

Economic, social and cultural rightsAccording to the UN, over 30 per cent of the populationlived on less than US$2 a day. Inequality persisted in thecountry. A disproportionately high number of those withlow incomes and limited access to healthcare andeducation were women, Indigenous people and ruraldwellers.

Evictions in rural areas continued, with 29 reportedto have been carried out. In July the UN Committeeagainst Torture called for the government to preventthe use of excessive force, provide specific training forpolice officers, and ensure that complaints concerningforced evictions were thoroughly investigated.b In April, approximately 400 people of the San JoséLa Mocá farm, Department of Alta Verapaz, wereforcibly evicted. The community had been in disputewith the farm’s owner over alleged unpaid wages. Theywere forced onto a nearby road, with no access to cleanwater, food or shelter. In July, one member of thecommunity was killed and 38 wounded in furtherviolence related to the eviction.

Threats, intimidation and impunityDuring a visit in May, the UN High Commissioner forHuman Rights stated that there had been no significantprogress in combating impunity or eliminatingclandestine groups. More than half of the reported 278attacks on human rights activists and organizationswere against those focusing on economic, social andcultural rights, including labour rights, the rights ofIndigenous peoples and housing rights.

In June a Spanish judge and prosecutor, investigatinga case of alleged genocide, visited the country tointerview witnesses and suspects. The two officialswere prevented from pursuing the case, but in July thejudge issued international arrest warrants for the fiveaccused, including former President General EfraínRíos Montt.b In July, Erwin Orrego, a member of the EmergencyFront of Market Sellers of Guatemala, was kidnappedand threatened with execution, allegedly by policeofficers. He was released after human rightsorganizations alerted the media and authorities.

Death penaltyA proposal to abolish the death penalty was rejectedafter the relevant commission in Congress returned an

unfavourable verdict. Two new proposals to establish asystem for allowing pardons of those sentenced todeath progressed through Congress. In 2005 the Inter-American Court of Human Rights (IACHR) had ruled thatthe lack of possibility of a pardon meant that the deathsentences could not be carried out.

Nine prisoners had their death sentences commutedto 50-year prison terms after judgments by the IACHRrelating to the definition of crimes for which the deathpenalty could be applied. Twenty-one prisonersremained under sentence of death. No death sentenceswere passed during the year and no executions tookplace.

AI country reports/visitsReports• Guatemala: Land of injustice? (AI Index: AMR

34/003/2006)• Guatemala: A summary of Amnesty International’s

concerns with regard to the GuatemalanGovernment’s implementation of the United NationsConvention against Torture and Other Cruel,Inhuman and Degrading Treatment or Punishment(AI Index: AMR 34/013/2006)

• Guatemala: Human rights defenders at risk (AI Index:AMR 34/016/2006)

• Guatemala: No protection, no justice – killings ofwomen (an update) (AI Index: AMR 34/019/2006)AMR

VisitAn AI delegation visited in March to conduct research.

GUINEAREPUBLIC OF GUINEAHead of state: Lansana ContéHead of government: Cellou Dalein Diallo, until AprilDeath penalty: retentionistInternational Criminal Court: ratified

In February and in June, the security forces usedexcessive force against civilian demonstrators,resulting in multiple deaths and injuries. Torture andill-treatment of protestors and of detainees werereported. Seven military personnel remained heldwithout trial. Nine people were sentenced to death.

BackgroundIn April, a few hours after a major cabinet reshuffle byPrime Minister Cellou Dalein Diallo was announced, adecree suspending him for “serious wrongdoing” was readon national radio and television. Guinea’s ailing president,Lansana Conté, gave no further information and the postof prime minister was abolished by decree in May.


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Excessive use of forceOn at least three occasions in February and in June,the security forces used excessive force againstdemonstrators and students. The security forcesreportedly used tear gas, beat students with policebatons and fired live ammunition. No independentinvestigation was launched into the resulting deaths.

In February, at least two people were killed andseveral injured in Gueckedou, in the southeast, whenpolice clashed with demonstrators protesting at theappointment of a mayor belonging to the Progress andUnity Party (Parti de l’unité et du progrès, PUP), theruling party. Opposition parties accused officials offraud during the December local elections.

In June, unarmed students demonstrated in majorcities including Labé and Conakry after learning thattheir exams would not be supervised because of anationwide strike over price rises for basiccommodities. In clashes with security forces, morethan 10 students were killed. The Minister of InternalAffairs put the official death toll at 11. According tohospital sources, 18 people were killed and more than80 injured.

UN Secretary-General Kofi Annan and the AfricanUnion President Alpha Oumar Konaré expressedconcern that the security forces had used excessiveforce against unarmed demonstrators. However,despite national and international pressure, noindependent inquiry appeared to have been opened.

Torture and ill-treatmentThere were consistent reports of beatings and other ill-treatment of demonstrators during the protest marchesin February and June. Dozens of demonstrators wereinjured during attempts by the security forces todisperse them.

A military officer arrested in 2005 was tortured andill-treated on Kassa Island. He was locked in a tiny cellnicknamed “Vietnam”, less than a cubic metre in size.Unable to stand or extend his legs, he was forced tocrouch for 72 hours and given nothing but breadcrumbsto eat. He was later taken aboard a small inflatableboat, bound, thrown into the water and dragged by hishands at speed for half an hour.

Detention without trialSeven soldiers and military officers, includingNaroumba Kante, Djan Foula Kamara and MamadyCondé, held since 2003 on suspicion of plotting tooverthrow President Conté, were still detained inConakry Central Prison. They had not been charged bythe end of 2006. The detainees’ families wrote to theauthorities requesting visitation rights and a prompt,fair trial. They received no reply.

Releases of military officersBetween March and July, four military officers,including Mamy Pé and Kabinet Kaba, were releasedwithout charge. They had been arrested following anattempt to assassinate President Conté in January 2005.They were held on Kassa Island, where access todetainees is extremely difficult.

Death penaltyIn September, the Assize court sentenced nine peopleto death for the murder of a local politician in May. Noexecutions were reported.

GUINEA-BISSAUREPUBLIC OF GUINEA-BISSAUHead of state: João Bernardo “Nino” VieiraHead of government: Aristides GomesDeath penalty: abolitionist for all crimesInternational Criminal Court: signed

Dire economic and social conditions continued tothreaten political stability. Tens of thousands ofpeople faced hunger in the south while fighting inthe northern border area displaced thousands offamilies. There were restrictions on freedom ofexpression.

BackgroundThe country remained one of the poorest in the world.In October a United Nations Development Programmereport indicated that two in three people lived in abjectpoverty and that one in four children died beforereaching the age of five.

There were frequent strikes throughout the year byteachers, health workers and others over non-paymentof salaries. In September the police violently disperseda demonstration by striking workers.

In September, a bill prohibiting the practice of femalegenital mutilation was tabled in the People’s NationalAssembly. However, it was not enacted by the end ofthe year.

Conflict and forced displacementIn March, the army clashed with a faction of theSenegalese separatist group Democratic Forces ofCasamance Movement (Mouvement des forcesdémocratiques de Casamance, MFDC), in the north,along the border with Senegal. About 20,000 people,mostly women and children, were internally displacedfollowing attacks on the town of São Domingos andsurrounding villages. More than 2,000 took refugeacross the border in Senegal.

The MFDC reportedly laid landmines including alongthe main road. Eleven people died and 12 others wereinjured when a bus carrying people fleeing the fightinghit an explosive device. There were also unconfirmedreports of deliberate killings by the MFDC.

Fundamental freedomsFreedom of expression came under attack. Journalistsand politicians were threatened for reporting the


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fighting along the northern border and for criticizingthe authorities. At least four politicians werereportedly arrested and briefly detained. On severaloccasions in March armed soldiers entered a hotel inSão Domingos where international journalists werelodged, apparently seeking to arrest a foreigncorrespondent.b Marcelino Simões Lopes Cabral, a former ministerof defence, was arrested at home in Bissau anddetained for a few days in April for allegedly helping theleader of the MFDC. No charges were brought againsthim. He had been arrested before, in 2003, forcriticizing the government of the day.b In August, two soldiers, Commodore MohamedLaminé Sanhá and Lieutenant-Colonel Almane AlamCamará, were arrested for allegedly plotting to kill theChief of the General Staff of the Armed Forces. Theywere released uncharged after three days. They hadbeen arrested on several occasions before since 2000,and on each occasion were released uncharged afterspending several months in prison.

Food shortagesTens of thousands of people in the south faced hungerfollowing the failure of the 2005 rice crop owing to thebuild up of salt in rice paddies, compounded byirregular rainfall. In addition the price of cashew nuts,the country’s main export, fell. In May the governmentlaunched an appeal for aid which began to arrive inSeptember. However, despite the government’s pricefixing, most of the population could no longer afford tobuy rice.

GUYANAREPUBLIC OF GUYANAHead of state: Bharrat JagdeoHead of government: Samuel HindsDeath penalty: retentionistInternational Criminal Court: ratified

There were attacks on freedom of expression.Marginalized communities had difficulty inaccessing treatment for HIV/AIDS. Twenty-threepeople were on death row. Death sentencescontinued to be passed. No executions werereported.

BackgroundThe People’s Progressive Party (PPP) was returned tooffice for a fourth consecutive term following peacefulgeneral elections in August. The murder in April ofSatyadeow Sawh, the PPP Agriculture Minister, had

created fears of a recurrence of political violencebetween supporters of the mainly Indo-Guyanese PPPand the opposition People’s National Congress (PNC),which is principally Afro-Guyanese.

Freedom of expressionFive newspaper employees and an opposition journalistwere killed. b Five employees of the newspaper Kaieteur Newswere shot execution-style on 8 August at thenewspaper’s printing plant. The motive for the killingswas unclear, although the owner of the newspaper hadallegedly received threats over the coverage of a seriesof rapes in the capital, Georgetown. Three men werecharged with the killings.b Ronald Waddell, a journalist, radio talk show hostand former candidate for the PNC, was shot outside hishome in a Georgetown suburb on 30 January.According to eyewitness reports, two men shot himrepeatedly as he was getting into his car. He died laterin hospital. No one had been charged with the murderby the end of 2006.

People living with HIV/AIDSDespite positive steps to ensure the right to health,stigma and discrimination towards HIV/AIDS remained abarrier to the successful implementation of treatment.The Indigenous Amerindian population had particularlylimited access to HIV/AIDS-related health care andinformation. Men who have sexual relations with othermen were criminalized and discriminated against, whichrestricted their access to HIV/AIDS prevention,treatment and care. There were reports of people beingdismissed from their jobs on the basis of their HIVstatus. Violations of the rights to privacy andconfidentiality contributed to the spread of the diseaseby discouraging people from seeking an HIV test ortreatment.

AI country reports/visitsReport• “I am not ashamed!”: HIV/AIDS and human rights in

the Dominican Republic and Guyana (AI Index: AMR 01/002/2006)

VisitAI delegates visited Guyana in January.


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HAITIREPUBLIC OF HAITIHead of state: René Garcia Préval (replaced BonifaceAlexandre in May)Head of government: Jacques-Edouard Alexis (replacedGérard Latortue in May)Death penalty: abolitionist for all crimesInternational Criminal Court: signed

Presidential, local and legislative elections were heldin February and December, signalling a return todemocratic rule. Slow progress was made in buildingsecurity, justice and respect for human rights aftertwo years of transitional government and UNpresence. However, armed violence in the forms ofunlawful killings and kidnappings by illegal armedgroups remained at critical levels in the capitalthroughout 2006. Clashes between security forces,including UN peacekeeping forces, and armedgroups continued sporadically. Members of thepolice suspected of criminal activities and humanrights violations were not brought to justice.Violence against women persisted. Hundreds ofpeople remained in prison without charge or trial.

BackgroundAfter two years of transitional government, marked bywidespread human rights violations and insecurity,René Garcia Préval was elected in February and thecountry regained political stability. Presidential andlegislative elections were held in relative calm afterbeing postponed four times. In December, localelections concluded the electoral process with fewviolent incidents reported.

The international community remained concernedabout the humanitarian situation and continued tomobilize resources to improve security, governmentcapacity, and the dire economic condition of millions ofHaitians. The human rights situation was also of concerndespite the presence of the UN Stabilization Mission inHaiti (MINUSTAH) since 2004. The 8,000-strong UNmission, mandated to secure the country, came underincreasing criticism as it showed little success instopping armed violence and promoting and protectinghuman rights. The government’s disarmament,demobilization and reintegration programme wascriticized by members of parliament as it gave priority todialogue with illegal armed groups. Someparliamentarians proposed the reintroduction of thedeath penalty as a means to deter armed violence. TheUN Secretary-General visited Haiti in August and the UNHigh Commissioner for Human Rights visited in October.

The government remained unable to ensure theeconomic, social and cultural rights of its populationwith 60 per cent of its 8.5 million people living on lessthan US$1 a day. Serious food shortages, difficulties inaccess to safe drinking water, and the highestprevalence of HIV/AIDS in the region aggravated the

humanitarian situation. Migration and trafficking ofpeople into the Dominican Republic continuedunabated and the Haitian authorities failed to enforceborder and migration controls. They also failed to assistmigrant workers deported back to Haiti.

The proliferation of small arms continued to fuelarmed violence and human rights abuses. Thegovernment supported the proposal for an internationalarms trade treaty at the UN General Assembly.

Violence against womenWomen and girls continued to be tortured, raped andkilled by illegal armed groups and by individuals. Nosignificant progress was made in investigating andprosecuting those responsible. On 1 September,hundreds of women survivors of rape and other formsof sexual violence marched in Port-au-Prince andcalled on the government to take necessary measuresto prevent all forms of violence and discriminationagainst women. The demonstrators also called onillegal armed groups to stop committing rape.b On 22 November, the body of Fara NatachaDessources, aged 20, was found bearing clear marks oftorture and several gunshot wounds. She had beenkidnapped a week earlier in La Plaine, in the northeastsuburbs of Port-au-Prince by armed individuals.

Human rights defendersHuman rights defenders continued to face harassmentand intimidation.

There were fears for the safety of members ofAUMOHD (Association des Universitaires Motivés pourun Haïti de Droit ) after its president, Evel Fanfan,received death threats. AUMOHD was defending therights of survivors of armed violence and promoting apeaceful conflict resolution process between rivalgangs in Grand Ravine, a deprived neighbourhood ofPort-au-Prince.b Bruner Esterne, the co-ordinator of the GrandRavine Community Council for Human Rights, was shotdead by three unknown individuals in September. Hewas a survivor and witness of the 20 August 2005 attackled by police officials and members of the illegal armedgroup Small Machetes Army (Lame Ti Manchet) at afootball stadium in Martissant, where at least ninepeople were killed and dozens wounded. He wasworking closely with AUMOHD.

Unlawful killingsUnlawful and indiscriminate killings by illegal armedgroups continued. Most of the perpetrators of thesecrimes continue to enjoy total impunity.b On 7 July, the illegal armed group Small MachetesArmy attacked residents of Grand Ravine, killing atleast 24 people including four women and four children.Dozens of houses were looted and burned down,leading to forced displacement of survivors and otherresidents in fear of further attacks.

Prisoners of conscience, political prisonersThe administration of justice continued to fall short ofinternational standards of due process and fairness as


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thousands of people remained imprisoned withoutcharge or trial. Less than one fifth of the nearly 4,500prisoners had been sentenced. However, key politicalprisoners from the transitional government of 2004-6were released.b Catholic priest Gérard Jean-Juste was conditionallyreleased in January on medical grounds. He had beenheld since July 2005 without charges or trial. He wasallowed to leave the country to seek medical treatmentin the USA. AI declared him a prisoner of conscienceafter he was illegally arrested on fabricated charges.b Annette Auguste, a Lavalas grass-roots activist andfolk singer arrested in May 2004, was finally brought totrial and acquitted on 15 August. Prosecutors putforward no evidence against her.b Former Prime Minister Yvon Neptune was releasedin July after spending more than two years in detentionwithout trial.

Harsh prison conditionsHarsh prison conditions continued to be the normthroughout the country. Overcrowding, inadequatefood and medical neglect resulted in dire conditions atmost prisons. Inmates relied on family members tofulfil their basic needs including food. At least 50prisoners escaped from the National Penitentiary inPort-au-Prince in July and December.

ImpunityThe justice system continued to suffer from lack ofresources, corruption and inadequate training forpersonnel, preventing the effective investigation andprosecution of previous human rights violations.b On 9 March, seven police officers arrested forinvolvement in the killings at the Martissant stadium inAugust 2005 were released by the investigatingmagistrate in charge of the case. No members of theSmall Machetes Army were arrested despite continuousthreats against witnesses and survivors of the August2005 and July 2006 attacks.

DisarmamentAfter ineffectual attempts during the two-yeartransitional government, a National Commission forDisarmament, Demobilization and Reintegration(CNDDR) was finally established in September with theassistance of MINUSTAH. Dozens of armed groupmembers joined the DDR programme, but violencecontinued at an alarming level.

AI country reports/visitsReports• Haiti: The call for tough arms controls – voices from

Haiti (AI Index: AMR 36/001/2006)• Open letter to the president of the Republic of Haiti

(AI Index: AMR 36/011/2006)

HONDURASREPUBLIC OF HONDURASHead of state and government: Manuel Zelaya Rosales(replaced Ricardo Maduro in January)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

Individuals and organizations involved in defendingthe human rights of Indigenous and ruralcommunities continued to be attacked andintimidated. High levels of violence against women,children and young people persisted, with littleeffective government response.

BackgroundManuel Zelaya Rosales of the Liberal Party assumed thepresidency in January. In April, the Central AmericaFree Trade Agreement, which includes the USA, theDominican Republic and other Central American states,came into effect in Honduras.

There were mass protests by Indigenous andenvironmental groups against the government’s miningpolicies which they claimed were carried out withoutproper consultation and posed a threat to theenvironment and to the health of people living inmining areas.

Honduras ratified the Optional Protocol to theConvention against Torture in May.

According to UN figures, as of June 2006 nearly halfof the population lived below the poverty line and 20 per cent survived on US$1 or less a day.

Economic, social and cultural rightsOrganizations and individuals involved in the defenceof human rights in the context of land disputes weresubjected to threats and intimidation. In most cases theauthorities failed to bring the perpetrators to justice.b In June, Jessica García, a leader of the Afro-descendant Garifuna community in the village of SanJuan Tela, Atlántida department, northern Honduras,was allegedly threatened and forced at gunpoint to signover land belonging to the community to a companywho reportedly planned to build a tourist resort.b In July, the Supreme Court acquitted brothersLeonardo and Marcelino Miranda. They had beenconvicted of a murder committed in 2001 following apolitically motivated trial. The real reasons for theirdetention were believed to be their role as Indigenouscommunity leaders and their efforts to obtain officialrecognition of communal land titles. Complaints by thebrothers of threats and torture had not beeninvestigated by the end of the year.

Violence against womenIn November, the head of the Public Prosecutor’s OfficeSpecial Unit for Women’s Affairs voiced her concern atincreasing levels of violence against women. During theyear around 150 women were killed. Women’s human


HUN

rights organizations highlighted the high levels ofkillings and domestic violence and the poor record ofstate institutions in addressing gender-based violence.

Children and young peopleAccording to local human rights organizations morethan 400 children and young people were killed duringthe year. In the majority of cases, those responsiblewere not brought to justice.

In September the Inter-American Court of HumanRights found that the authorities had failed toinvestigate and bring to justice those responsible forthe extrajudicial executions of four young people bypolice officers in 1995, even after witnesses hadidentified the police officers involved. Moreover, theCourt ordered Honduras to establish a trainingprogramme for police, judicial and Public Prosecutor’sOffice officials and prison staff about the specialprotection that the state should afford children andyoung people.

AI country reports/visitsReport• Honduras: Human rights defenders at risk – Montaña

Verde prisoners of conscience (AI Index: AMR37/001/2006)

HUNGARYREPUBLIC OF HUNGARYHead of state: László SólyomHead of government: Ferenc GyurcsányDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

The police reportedly used excessive force and ill-treated protesters and detainees. Discriminationcontinued to deprive the Romani community of arange of rights, including the right of full access toeducation. Legal measures adopted to combatviolence against women allowed for the use ofrestraint orders on abusers only where criminalproceedings had started.

BackgroundParliamentary elections in April returned theHungarian Socialist Party to power in coalition with theAlliance of Free Democrats. Police and protestersclashed between 17 and 20 September after it was

revealed that the Prime Minister had admitted in Maythat he had lied during the election campaign. Therewas further violence on 23 October at thecommemoration of the start of the 1956 uprising.

Excessive use of force and ill-treatmentPolice officers reportedly used excessive force onpeaceful demonstrations that later turned violent in thecapital, Budapest, during the night of 20 to 21 Septemberand again on 23 October. Rubber bullets, water cannonand tear gas were said to have been usedindiscriminately and without warning against bothpeaceful and violent protesters. Police officers werereportedly masked and not wearing badges ofidentification, such as identity numbers. There were alsoallegations that police beat protesters taken intocustody, held under-18s together with adult detainees,and fabricated some of the charges. Some detaineeswere denied immediate access to a lawyer, includingduring questioning.

On 24 October, Budapest chief of police PéterGergényi was reported as saying that police “actedlawfully, professionally and proportionately”. On 27 October, the European Commission requested anexplanation from the Hungarian authorities on thealleged excessive use of force. In November the PrimeMinister set up a committee “to explore the social,economical and political causes which led to the riotsand the response thereto”. The committee would notdeal with individual complaints.

In June, reporting on its visit in 2004, the EuropeanCommittee for the Prevention of Torture notedconcerns about detainees’ rights of access to a lawyerfrom the very outset of their detention. It called for afully fledged and properly funded legal aid system forthose in police custody unable to pay for a lawyer, andfor a guarantee that detainees can be examined, if theyso wish, by a doctor from outside the police service.

Discrimination against RomaMembers of the Romani community continued to facediscrimination in education, housing and employment.

In March, the Council of Europe Commissioner forHuman Rights called for measures to be developed thatwould help Roma obtain decent housing, would firmlypunish discriminatory or anti-Roma behaviour, andstop the over-representation of Romani children inspecial classes or home education.

In March the UN Committee on the Rights of the Childmade public its Concluding Observation followingreview of Hungary’s second periodic report under theUN Children’s Convention. The Committee expressedconcerns about the prevalence of discriminatory andxenophobic attitudes, in particular towards the Romanipopulation. The Committee noted that Romani childrenwere especially stigmatized, excluded andimpoverished in relation to the rest of the populationbecause of their ethnicity. Such discrimination wasmost notable in housing, jobs and access to health,adoption and educational services. The Committeeexpressed concern at the arbitrary segregation ofRomani children in special institutions or classes.


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Access to preschools is reportedly limited in regionswith predominantly Romani populations and highlevels of poverty.b In June the Debrecen Appeals Court found that theMiskolc municipality, by integrating seven schoolswithout simultaneously redefining their catchmentareas, had perpetuated the segregation of Romanichildren, violating their right to equality of treatment.It was ruling on an appeal by the non-governmentalorganization Chance for Children Foundation againstthe county court dismissal in November 2005 of alawsuit alleging citywide segregation of Romani schoolchildren by the local council of Miskolc.

Violence against womenIn June the UN Committee on the Elimination ofDiscrimination against Women made availableHungary’s sixth periodic report on measures taken toimplement the UN Women’s Convention. Theseincluded the Act on Equal Treatment and thePromotion of Equal Opportunities, in force since 2003,and new powers under the Criminal Procedure Code toissue restraint orders against the perpetrators of familyviolence, which came into force in July. However,women’s and human rights organizations continued tocriticize restrictions that allow restraint orders to beissued only when a criminal prosecution has beeninitiated.Forced sterilizationIn August the Committee found Hungary in violation ofthe UN Women’s Convention for its failure to protectthe reproductive rights of a Romani woman sterilizedwithout her consent in 2001. It recommended thatdomestic legislation be brought in line with theprinciple of informed consent in cases of sterilizationand with international human rights and medicalstandards. Provisions allowing physicians to carry outsterilizations without following specified procedures“when it seems to be appropriate in givencircumstances” should be repealed.

AI country reports/visitsReports• Hungary: Reports of excessive use of force by the

police (AI Index: EUR 27/001/2006)• Europe and Central Asia: Summary of Amnesty


VisitsAI delegates visited Hungary in April and September.

INDIAREPUBLIC OF INDIAHead of state: APJ Abdul KalamHead of government: Manmohan SinghDeath penalty: retentionistInternational Criminal Court: not ratified

Perpetrators of past human rights violationscontinued to enjoy impunity. Concerns grew overprotection of economic, social and cultural rights ofalready marginalized communities. Human rightsviolations were reported in several states wheresecurity legislation was used to facilitate arbitrarydetention and torture. A new anti-terror law, in placeof the repealed Prevention of Terrorism Act (POTA),was being considered in the aftermath of multiplebombings in Mumbai and elsewhere. The ArmedForces Special Powers Act (AFSPA), long criticized forwidespread abuses in the north-east, was notrepealed. Justice and rehabilitation continued toevade most victims of the 2002 Gujarat communalviolence. Human rights legislation was amendedundermining the powers of the National HumanRights Commission (NHRC). New laws to preventviolence against women and guarantee ruralemployment and right to information had not beenfully implemented by the end of the year. Sociallyand economically marginalized groups such asadivasis, dalits, marginal/landless farmers and theurban poor continued to face systemicdiscrimination and loss of resource base andlivelihood because of development projects.

BackgroundAn agreement reached with the USA in March gave Indiaaccess to strategic nuclear material and equipment forcivilian purposes, and signalled closer Indo-US ties.

Hundreds of people were killed in bomb attacksduring the year, including 21 in the north Indian city ofVaranasi in March, more than 200 in multiple bombingsin Mumbai in July, and 37 in Malegaon, Maharashtrastate, in September. Concern about such attackscontinued to dominate peace talks between India andPakistan, which made little progress. The two countriesagreed to set up an “anti-terror mechanism”, the detailsof which were not spelled out. Little progress was madein continuing dialogue over Kashmir, Nagaland andAssam.

Rising Maoist activity in some states added tosecurity and human rights concerns. Several states,including Orissa and West Bengal, witnessed protestsby people whose livelihoods were threatened byongoing and proposed fast-tracked developmentprojects. High suicide rates by debt-ridden farmerswere recorded in some states, including Maharashtra,Andhra Pradesh and Kerala.

Following renewed fighting in Sri Lanka, around10,000 Tamil refugees fled the island by sea and arrived


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in Tamil Nadu, already home to over 100,000 refugees;about 50,000 of the refugees were reportedly in campswith inadequate facilities.

Security legislationIndia continued to play no direct role in the US-led “waron terror”. However, demands for new anti-terrorlegislation in place of the repealed POTA grew after thebombings in Mumbai and Malegaon.

Following the bomb attacks, hundreds of people,mostly Muslims, were arbitrarily detained for shortperiods in Maharashtra. Sixteen people were chargedunder the state Control of Organised Crime Act. Localcourts acquitted three of the 16 for lack of evidence.

Implementation of security legislation led to humanrights violations in several states. An official panelreport acknowledged widespread abuses of the AFSPAin the north-east but drew criticism for ignoringimpunity issues and recommending use of the UnlawfulActivities Prevention Act. Protests demanded repeal ofthe AFSPA.

At least 400 people remained in jail under therepealed POTA and several continued to face specialtrials whose proceedings fail to meet fair trialstandards. The few convictions related to serious andhigh-profile cases. Official committees reviewed amajority of pending cases. However, the review processwas questioned, with Gujarat and other states rejectingthe committees’ key recommendation to drop POTAcharges.

Jammu and KashmirPolitically motivated violence slightly decreased, buttorture, deaths in custody, enforced disappearancesand extrajudicial executions continued to be reported.Some six deaths in custody, 38 enforceddisappearances including several juveniles, and 22extrajudicial killings were reported in 2006. Identity-based attacks by Islamist fighters continued.b In May, 35 Hindus were killed in Doda andUdhampur districts. Government officials accusedLashkar-e-Taiba, a Pakistan-based armed Islamistgroup, of carrying out the killings to derail the peaceprocess.b In October, 17-year-old Muhammad Maqbool Dar ofPakherpora died in custody after he was questioned bythe Rashtriya Rifles, an army counter-insurgency force.A magistrates’ inquiry and an internal army inquirywere ordered.

Impunity for human rights violations by state agentscontinued, although in a few cases criminal action wasinitiated after years of delay.b In April, the Central Bureau of Investigation (CBI)indicted five army officers for the extrajudicial killing offive villagers at Pathribal in March 2000. The officerswere charged with fabricating evidence to support theirclaim that the men were foreign fighters killed in an“encounter” with security forces. The officers hadearlier claimed that the men had killed 35 Sikhs atChittisinghpora four days before the “encounter”.When local villagers protested in Brakpora that the fivemen were innocent villagers, the army opened fire,

killing 10 protesters. An inquiry into the Pathribalincident stalled when it was found that DNA sampleshad been tampered with.

A new report indicated that some 10,000 people hadbeen victims of enforced disappearance since 1989. TheAssociation of the Parents of Disappeared Peoplereported that the authorities failed to provideinformation to the families of the victims about theirwhereabouts. Outstanding concerns over the existingpowers of the state Human Rights Commission wereheightened in August when its chairperson resignedover the “non-serious” attitude of the state governmenttowards human rights violations.

ImpunityLittle progress was made in cases relating to the 1984anti-Sikh riots in Delhi which followed theassassination of Prime Minister Indira Gandhi by two ofher Sikh bodyguards and led to a massacre of nearly3,000 Sikhs. In 2005 the United Progressive Alliance(UPA) government promised to reopen the latest ofmany inquiries following the forced resignations of twoleaders of the ruling Congress party, which heads theUPA. A judicial commission had concluded that therewas credible evidence of involvement in the attacksagainst the two leaders who resigned.

In Punjab, a majority of police officers responsiblefor serious human rights violations during civil unrestbetween 1984 and 1994 continued to evade justice. Inresponse to 2,097 reported cases of human rightsviolations during this period, the NHRC ordered Punjabstate to provide compensation in 1,051 cases concerningpeople who died in police custody and appointed acommissioner to decide on compensation for 814additional cases. CBI findings on these deaths incustody were not made public and the NHRC did notactively pursue with the judiciary the outstandingissues of impunity.

2002 Gujarat violenceJustice continued to evade most victims and survivorsof the 2002 violence in Gujarat in which thousands ofMuslims were attacked and more than 2,000 werekilled. Rehabilitation continued to be slow. Members ofthe Muslim minority in Gujarat reportedly faceddifficulties in accessing housing to rent and publicresources. An official panel concluded that over 5,000displaced families lived in “sub-human” conditions.

There continued to be few successful prosecutionsrelating to the violence. However, 1,594 cases closed bythe state police were reopened on the orders of theSupreme Court and 41 police officials were beingprosecuted for their alleged role.

New evidence on the riots emerged, in the form ofdetails of mobile phone calls made between thoseleading the attacks and politicians belonging to the thenruling Bharatiya Janata Party (BJP), a Hindu nationalistparty. The judicial commission appointed in 2002 byGujarat’s state government to investigate the attackshad not completed its work by the end of the year.

The Gujarat High Court set aside the Uniongovernment order appointing another commission to


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investigate the cause of the 2002 Godhra train firewhich killed 59 Hindu pilgrims. The Court said therewas no need for a second commission into the fire,which triggered attacks on Muslims and thesubsequent violence.

Six key cases relating to killings and sexual assault ofMuslim women in which complainants had soughttransfer to courts outside Gujarat were still pendingbefore the Supreme Court at the end of the year.b In March, a Mumbai court sentenced nine people tolife imprisonment and acquitted eight others after aretrial in the Best Bakery case, relating to the massacreduring the 2002 violence of 14 people in Vadodara city.In 2003, a local court had acquitted all the accused, butthe Supreme Court transferred the case to Mumbai. TheMumbai court later convicted Zahira Shaikh, andanother female relative of the victims, of perjury afterthey “turned hostile” and retracted their statements,reportedly under pressure.

The UPA government’s draft bill to prevent communalviolence was still pending before parliament. It hadbeen introduced in 2005 following widespread criticismof the BJP-led government for failing to halt the Gujaratviolence. Meanwhile, two other states ruled by the BJP –Rajasthan and Chhattisgarh – passed laws criminalizingreligious conversion in certain circumstances, invitingcriticism that they were acting against freedom of choiceof religion.

ChhattisgarhThere was rising violence in the Dantewada areabetween Maoists and members of the anti-Maoist SalwaJudum, a militia widely believed to be sponsored by theChhattisgarh state government. Civilians wereroutinely targeted by both sides and 45,000 adivasiswere forced to live in special camps putting them atincreased risk of violence. The Chhattisgarh authoritiesenacted legislation banning media coverage of certainhuman rights violations.b On 28 February, suspected Maoists set off alandmine blowing up a truck; 26 people were killed and30 injured.

Economic, social and cultural rightsAround 300 million people remained in poverty despiteimplementation of new legislation guaranteeingminimum annual employment for the rural poor. Newlegislation on the right to information, seen as a meansto empower the poor, was not fully implemented; theUnion government and state governments werereluctant to disclose crucial information about theirdecision-making processes.

Concerns grew over protection of economic, socialand cultural rights of already-marginalized communities(including adivasis) amidst fears of uncheckedexploitation of their resource base by the governmentand businesses. Several states witnessed periodicprotests against acquisition of land and other resourcesfor mining, irrigation, power and urban infrastructurepurposes. Such developments were associated withforced evictions, harassment, arbitrary detentions,excessive police force and denial of access to justice.

b In January, 11 adivasis were killed when police firedinto demonstrators protesting against thedisplacement that would be caused by the proposedTata Steel project in Orissa.b In April, police used excessive force againstactivists staging a protest fast in Delhi againstdisplacement caused by the Narmada dam project;some protesters were detained.b In July and September/October, activistsprotesting against the Uttar Pradesh government’sdecision to acquire farmland for the Reliance gasproject faced police harassment and detention.

BhopalTwenty-two years after the Union Carbide Corporation(UCC) pesticide plant in Bhopal leaked toxic gases thatdevastated countless lives and the environment,survivors continued to struggle for adequatecompensation, medical aid and rehabilitation. After asustained campaign, including a survivors’ march fromBhopal to Delhi in April, the government agreed toclean up toxic waste, provide safe drinking water andset up a commission for rehabilitation of the victims.However, there was little progress on the ground onthese initiatives by the end of 2006. In August,monsoon rains caused flooding in areas around the UCCplant, raising fears of contamination of groundwater.UCC and Dow Chemicals (which took over UCC in 2001)continued to reiterate that they had no responsibilityfor the gas leak or its consequences.

Violence against womenLegislation passed in 2005 to ensure comprehensiveprotection of women from all forms of domesticviolence, including dowry deaths, sexual assault andacid attacks, came into effect in October. It was yet tobe fully implemented by states.

Traditional preference for boys continued to lead toabortions of female foetuses, despite the ban on pre-natal sex determination since 1993. Only a few peoplewere convicted of violating the ban, a fact criticized bythe Supreme Court. Protests were staged in Punjab andRajasthan over the slow pace of investigation into suchcases.

Many of the abuses suffered by Muslim women inGujarat in 2002 fell outside the definition of rape innational law. This continued to hamper victims’ questfor justice.

Two Supreme Court directives offered advances forvictims of rape. The Court directed that lack of medicalevidence would no longer be grounds for discountingtestimony, and that the identity of victims shouldremain confidential in court judgments.

Death penaltyAt least 40 people were sentenced to death in 2006;no executions took place. Comprehensiveinformation on the number of people on death rowwas not available.

Anxiety rose over the fate of clemency petitions afterthe Supreme Court ruled that it could review executivedecisions on such petitions. The ruling followed fierce


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debate triggered by the clemency petition submitted onbehalf of Mohammed Afzal, who was sentenced todeath on charges relating to the armed attack on India’sparliament in December 2001.

Other issuesThere were concerns that amendments to theProtection of Human Rights Act, 1993, would weakenthe operating framework of the NHRC which alreadyhad no mandate to investigate abuses by armed forcesand complaints more than a year old. The amendmentsalso allow for transfer of cases from the NHRC to state-level commissions which continued to be starved ofresources; 11 of the 28 states had yet to set up suchcommissions and five of those operating had nochairpersons.

AI country reports/visitsStatements• India: Amnesty International condemns multiple

bomb attacks in Mumbai (AI Index: ASA 20/017/2006)• India: Continuing concern over the safety of

civilians, including adivasis, caught in escalatingconflict in Chhattisgarh (AI Index: ASA 20/018/2006)

• India: Concerns with Protection of Human Rights Act(AI Index: ASA 20/019/2006)

• India: Amnesty International condemns multiplebomb attacks in Malegaon, Maharashtra (AI Index:ASA 20/025/2006)

• India: Continued detention two years after therepeal of POTA (AI Index: ASA 20/026/2006)

• India: The Armed Forces Special Powers Act (AFSPA)Review Committee takes one step forward and twobackwards (AI Index: ASA 20/031/2006)

VisitsAI’s Secretary General and other delegates visited Indiain February and met government officials and civilsociety organizations. AI delegates also met officialsand activists in May, July and December.

INDONESIAREPUBLIC OF INDONESIAHead of state and government: Susilo BambangYudhoyonoDeath penalty: retentionistInternational Criminal Court: not ratified

Perpetrators of human rights violations continued toenjoy impunity for violations which occurred inNanggroe Aceh Darussalam (NAD) and Papua. InPapua, cases of extrajudicial executions, torture andexcessive use of force were reported. Across thecountry, ill-treatment or torture in detention facilitiesand police lock-ups continued to be widely reported.Three people were executed in September, sparkingincreased debate about the death penalty. At least13 people were sentenced to death. Freedom ofexpression remained under threat with at least eightpeople prosecuted for peacefully expressingopinions.

BackgroundIn May, Indonesia’s ratification of the InternationalCovenant on Civil and Political Rights and theInternational Covenant on Economic, Social andCultural Rights came into force, but legislation had notbeen enacted by the end of 2006 to incorporate thetreaties’ provisions into domestic law.

In June Indonesia was elected to the UN HumanRights Council and it promised to ratify the RomeStatute of the International Criminal Court by 2008.

Minority religious groups and church buildingscontinued to be attacked. In Sulawesi, sporadicreligious violence occurred throughout the year.

In July, a long-awaited Witness Protection Act (Law13/2006) was passed, establishing a witness and victimprotection agency, among other positivedevelopments. However, non-governmentalorganizations (NGOs) protested that incompletedefinitions rendered the Law’s protections inadequate.

ImpunityIn October, the Supreme Court overturned theconviction of Pollycarpus Budihari Priyanto for themurder of human rights defender Munir, who waspoisoned on a flight to the Netherlands in 2004. No-onehas been held to account for this crime.

The majority of human rights violations by thesecurity forces were not investigated, and impunity forpast violations persisted. The Attorney General’s Office(AGO) failed to act on two cases in which the NationalHuman Rights Commission (Komnas HAM) hadsubmitted evidence in 2004 that crimes againsthumanity had been committed by the security forces.

In March, Eurico Guterres – a Timorese militiamansentenced to 10 years’ imprisonment for crimes againsthumanity committed in Timor-Leste in 1999 – wasjailed after the Supreme Court upheld his 2002


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conviction. He is the only person found responsible forthe 1999 crimes by the ad hoc Human Rights Court tohave had his conviction upheld.

The Commission of Truth and Friendship establishedjointly by Indonesia and Timor-Leste to documentcrimes committed in Timor-Leste in 1999 and topromote reconciliation began its work. Provisions in itsmandate included the ability to recommend amnestyfor perpetrators of gross human rights violations.

In December the Constitutional Court annulled Law27/2004 which mandated an Indonesian Commission ofTruth and Reconciliation. Rights activists had challengedprovisions allowing amnesty for perpetrators of severehuman rights violations and limiting victims’ ability toobtain compensation. However, the Court ruled that thewhole law should be repealed as it was “illogical”, somearticles violated the Constitution, and the annulment ofindividual articles would render the rest of the lawunenforceable. The annulment of the law left victims ofpast human rights violations without a compensationmechanism.

Torture and ill-treatmentTorture and ill-treatment of detainees and prisonerscontinued to be widespread.b Twenty-three men were reportedly ill-treatedduring police interrogation to make them “confess” toinvolvement in violence during a demonstration inJayapura, Papua, in March. Before their trial in May, 16of the defendants were reportedly kicked by policeofficers and beaten around the head and body with riflebutts and rubber batons to make them admit their guiltin court. Those who refused to acknowledge thecharges were allegedly beaten and kicked by policewhen they returned to detention.

Prison conditions fell short of minimuminternational standards. Detainees lacked access toadequate bedding, health services, adequate food,clean water and hygiene products. They were subjectedto physical and sexual violence and suffered fromsevere overcrowding. Juveniles were sometimes heldtogether with adults, and women detainees weresometimes guarded by male guards.

Death penaltyAt least three people were executed by firing-squadduring 2006 – Fabianus Tibo, Dominggus da Silva andMarinus Riwu from Sulawesi. Their case heighteneddebate on the death penalty. There were concerns thattheir trial had been unfair and two of the three menwere allegedly ill-treated before being executed.

There were announcements during 2006 that 19further prisoners would be executed, including threemen convicted of involvement in the 2002 Balibombings. However, none of these were executed bythe end of the year.

At least 92 people were known to be under sentenceof death at the end of 2006.

Discrimination and violence against womenIn May, the National Commission on Violence AgainstWomen criticized the lack of gender-sensitive

provisions in the draft revision of the CriminalProcedure Code (KUHAP). The draft lacks sufficientprovisions for the investigation and prosecution ofcrimes of sexual or gender-based violence and fails toaddress the particular needs of women in custody.

In August, the government issued a circular banningdoctors and nurses from practising “femalecircumcision” (female genital mutilation). However,those who continued the practice would face nopunishment.

Plans to pass into law a controversial pornographybill that would penalize women who wore short skirtsor refused to cover certain parts of their body wereongoing at the end of the year.

The increasing application of Shariah bylaws by localgovernments appeared to disproportionately affectwomen. In February, a woman was sentenced to threedays in jail after a judge ruled, after an unfair trial, thatshe was a sex worker because she was out on the streetalone at night wearing make-up. In Tangerangmunicipality alone, there were at least 15 other cases in2006 of women being arrested for similar offences –one 63-year-old woman was arrested while buyingfruit.

Women domestic workers, who are excluded fromthe national Manpower Act, were subjected toviolations of labour rights and to physical, sexual andpsychological abuse. In June, the Ministry of Manpowerprepared draft legislation on domestic workers but itdid not regulate many basic workers’ rights such asmaximum hours of work and the minimum wage, or thespecial needs of women.

Nanggroe Aceh DarussalamThe security situation in Nanggroe Aceh Darussalam(NAD) remained stable despite sporadic clashes.

The Aceh Governance Bill, passed by Parliament inJuly, provided for a Human Rights Court to beestablished for NAD to try perpetrators of futureviolations. However, it contained no provisions tobring to justice perpetrators of past human rightsviolations.

In September, local organizations submittedinformation to Komnas HAM about mass gravesexcavated in NAD since the signing of a peaceagreement in August 2005. The organizations urgedKomnas HAM to conduct thorough investigations andto prevent further excavations from taking placewithout the presence of the necessary medical andlegal experts.

In December, the first local elections were held inNAD in the presence of the European Union-led AcehMonitoring Mission, which extended its stay until 15 December.

Throughout the year concerns were expressed overthe increased use of Shariah law in NAD, and its adverseeffects on women. Women complained that they weredisproportionately targeted by Vice and Virtue patrolsand were harassed for minor infractions and sometimesfor no apparent reason. Reports indicated that at least23 people were caned for gambling, adultery, selling andconsuming alcoholic drinks, and theft.


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PapuaThere were reports of extrajudicial executions,torture and ill-treatment, excessive use of forceduring demonstrations and harassment of humanrights defenders.

In at least six incidents civilians were shot at by thesecurity forces.b In January, a child was shot dead and at least twopeople were injured after security forces opened fire inthe village of Waghete. Accounts of the incident by thepolice and by victims and witnesses differed widely.Many observers feared that the incident was in reprisalfor the high-profile actions of 43 people from theWaghete region who sought asylum in Australia inJanuary.b In March, five members of the security forceswere killed in Abepura after clashes with protestersdemanding the closure of the gold and copper mine,PT Freeport. Security forces used tear gas and firedrubber bullets at the crowd. At least six civilians – andpossibly many more – were injured, including onepasser-by. Twenty-three people were prosecuted inconnection with the violence. By the end of 2006, atleast 21 men had been sentenced after unfair trials tobetween four and 15 years’ imprisonment. All thedetainees were reportedly ill-treated in policedetention. Lawyers and human rights defendersinvolved with the trials were subjected tointimidation and received death threats.

Severe restrictions continued to bar nearly allforeign journalists and NGOs from operating in Papua.Officials claimed that foreign organizations weredivisive, although access to Papua was granted to atleast one international media team, albeit restrictedand closely monitored.

Freedom of expressionAt least eight prisoners of conscience were sentencedto prison terms during 2006 and eight others sentencedin previous years remained in jail. They includedpeaceful political activists, union leaders, religiouspractitioners and students.b In February and March, six union leaders – RobinKimbi, Masri Sebayang, Suyahman, Safrudin, AkhenPane and Sruhas Towo – were sentenced to prisonterms of between 14 months and two years,apparently because of legitimate trade unionactivities. The men were arrested following a strikeand demonstration at a palm oil plantation owned bythe company Musim Mas, in Riau province, inSeptember 2005. The strike followed the company’srefusal to negotiate with the union, SP Kahutindo,over issues including the implementation of minimumlabour standards under national legislation. Four ofthe men – Suyahman, Safrudin, Akhen Pane andSruhas Towo – were released in November.

In December the Constitutional Court repealed asunconstitutional Articles 134, 136 and 137 of the CriminalCode, which punished “insulting the President or Vice-President” with up to six years’ imprisonment. Thesearticles had long been used to inhibit free speech and toimprison activists.

Security legislationIn April, the police declared that around 200 people hadbeen arrested since anti-terrorism operations beganafter the 2002 Bali bombing. At least 56 people werearrested under anti-terrorism legislation during 2006,and a further 24 people previously arrested wereconvicted. Despite declarations made in February bythe government and lawmakers that anti-terrorismlegislation (Law 16/2003) would be revised, there wasno visible progress during the year.

Reports that terrorist suspects were subjected to ill-treatment by police officials during interrogationscontinued. In April, police shot dead two terroristsuspects during a raid in Wonosobo, Central Java.

Economic, social and cultural rightsLarge-scale evictions were carried out with inadequateconsultation, little or no compensation and excessiveuse of force.b In January, two large-scale forced evictionsoccurred in east Jakarta, reportedly leaving over 600families homeless, without suitable compensation oralternative housing. The series of forced evictionsrelated to the expansion of the East-Jakarta-Cikarangrailroad.

In May, exploratory drilling in east Java by the oil andgas company Lapindo Brantas triggered a vast flow ofhot, noxious mud which had not been stemmed by theend of the year. The mudflow displaced around 10,000people, engulfing entire villages, cultivated areas andinfrastructure. In areas close to the mudflow more than1,000 people were hospitalized with breathingdifficulties and there were fears of water pollution.

Lapindo Brantas offered to pay an extrajudicialstipend of around US$35 a month to those displaced,and reportedly set aside 6.9 billion Rupiah(US$750,000) to cover future agricultural losses.Those affected protested that the compensation was inadequate. In September the President decreedthat Lapindo Brantas should pay 1.5 trillion Rupiah(US$163 million) to repair state infrastructure. Heordered that nearly 3,000 families be permanentlyrelocated and provided with jobs and financialcompensation. However, the government was notexplicit on other rights, including the rights toadequate housing and water.

At the end of the year, hundreds of thousands ofpeople were still without shelter as a result of the 27 May earthquake in Yogyakarta, which killed 5,900people and displaced 1.5 million.

AI country reports/visitsReport• Indonesia: Comments on the draft revised Criminal

Procedure Code (AI Index: ASA 21/005/2006) VisitsIn February and March, AI delegates visited Java toconduct research on women domestic workers inIndonesia. AI delegates also visited Indonesia in Julyand September.


IRA

IRANISLAMIC REPUBLIC OF IRANHead of state: Leader of the Islamic Republic of Iran:Ayatollah Sayed ‘Ali KhameneiHead of government: President: Dr MahmoudAhmadinejadDeath penalty: retentionistInternational Criminal Court: signed

The human rights situation deteriorated, with civilsociety facing increasing restrictions on fundamentalfreedoms of expression and association. Scores ofpolitical prisoners, including prisoners of conscience,continued to serve prison sentences imposed followingunfair trials in previous years. Thousands more arrestswere made in 2006, mostly during or followingdemonstrations. Human rights defenders, includingjournalists, students and lawyers, were among thosedetained arbitrarily without access to family or legalrepresentation. Torture, especially during periods ofpre-trial detention, remained commonplace. At least177 people were executed, at least four of whom wereunder 18 at the time of the alleged offence, includingone who was under 18 at the time of execution. Twopeople were reportedly stoned to death. Sentences offlogging, amputation and eye-gouging continued to bepassed. The true numbers of those executed orsubjected to corporal punishment were probablyconsiderably higher than those reported.

BackgroundThe rift between Iran and the international communityover the government’s insistence on maintaining itsnuclear enrichment programme continued to widen. InMarch, the International Atomic Energy Agencyreferred Iran to the UN Security Council. In Decemberthe Security Council agreed on a programme ofsanctions against Iran following Iran’s failure to meetan August deadline to suspend the programme. Irancontinued to accuse foreign governments of fomentingunrest in border areas, and in turn was accused ofinvolvement in the worsening security situation in Iraq.In February the US government sought an extra US$75 million to “support democracy” in Iran. PresidentAhmadinejad continued to make statementsthreatening to the State of Israel and questioning theHolocaust. The European Union-Iran human rightsdialogue remained suspended.

Local elections and elections to the Assembly ofExperts, which oversees the appointment of theSupreme Leader, were held in December. The Council ofGuardians, which reviews laws and policies to ensurethat they uphold Islamic tenets and the Constitution,excluded all but 164 Assembly of Experts candidates,including at least 12 women who registered, on the basisof discriminatory selection procedures. The results ofboth elections were generally seen as a setback to thegovernment of President Ahmadinejad.

The authorities faced armed opposition from Kurdishand Baluchi groups.

In December, the UN General Assembly passed aresolution condemning the human rights situation inIran. Iran failed to set a date for visits by any UN HumanRights mechanisms despite having issued a standinginvitation in 2002.

Repression of minoritiesEthnic and religious minorities remained subject todiscriminatory laws and practices which continued tobe a source of social and political unrest.ArabsArabs continued to complain of discrimination,including in access to resources, as well as forcedevictions. In October, the Council of Guardiansapproved a bill allocating 2 per cent of Iran’s oilrevenues to Khuzestan province, home to many ofIran’s Arabs.

Scores of Arabs were detained during the year. Atleast 36 were sentenced to death or received lengthyprison terms after conviction in unfair trials ofinvolvement in causing bomb explosions in Ahvaz andTehran in 2005. Five were executed including MehdiNawaseri and Mohammad Ali Sawari who wereexecuted in public in February following the broadcastof their televised “confessions”.b At least five women were detained, some alongwith their children, between February and April, incircumstances which suggested that they may havebeen held in order to force their husbands to givethemselves up or make confessions. Four women andtwo children were believed to be still held at the end ofthe year.b Seven lawyers defending some of those accused inconnection with the bombings were summoned toappear before the Ahvaz Revolutionary Prosecutor inOctober on charges of “acting against state security”.The summons was issued in connection with a letterthey had sent to the Head of the Revolutionary Court inAhvaz complaining about deficiencies in the trial oftheir clients.AzerbaijanisIn May, widespread demonstrations took place inmainly Azerbaijani north-western towns and cities inprotest at the publication of a cartoon offensive toAzerbaijanis in the state-run Iran newspaper.Hundreds, if not thousands, were arrested and scoresreportedly killed by the security forces, althoughofficial sources downplayed the scale of arrests andkillings. Further arrests occurred, many around eventsand dates significant to the Azerbaijani communitysuch as the Babek Castle gathering in Kalayber in June,and a boycott of the start of the new academic yearover linguistic rights for the Azerbaijani community.b Prisoner of conscience Abbas Lisani was detainedin June for over three months for his participation inthe demonstrations in Ardabil against the cartoon. InSeptember, he was sentenced to 16 months’imprisonment and 50 lashes on charges including“disturbing state security”. At the end of October, fivedays after submitting an appeal, he was redetained, and


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his family was later informed that his sentence hadbeen increased to 18 months’ imprisonment with anadditional three years of enforced internal exile. Hestated his unconditional opposition to the use ofviolence. By the end of the year he faced two furtherprison sentences imposed for his attendance at the2003 and 2005 Babek Castle gatherings.KurdsIn February, clashes between Kurdish demonstratorsand the security forces in Maku and other townsreportedly led to at least nine deaths and scores, if nothundreds, of arrests. In March, Kurdish Majles deputieswrote to the President demanding an investigation intothe killings and calling for those responsible to bebrought to justice. An investigation was reportedly setup, but its findings were not known by the end of theyear. Some of those detained later reportedly receivedprison terms of between three and eight months.b Mohammad Sadeq Kabudvand, the Head of theHuman Rights Organization of Kurdistan and editor ofthe banned weekly newspaper Payam-e Mardom, hadhis 18-month suspended prison sentence for“publishing lies and articles aimed at creating racial andtribal tension and discord” increased on appeal to oneyear’s actual imprisonment. Although summoned toprison in September, he remained at liberty at the endof the year, pending an appeal to the Supreme Court.Other Payam-e Mardom journalists were also broughtto trial.BaluchisIn March a Baluchi armed group, Jondallah, killed 22Iranian officials and took at least seven hostage, inSistan-Baluchistan province. Following the incident,scores, possibly hundreds, of people were arrested;many were reportedly taken to unknown locations. Inthe months following the attacks, the number ofexecutions announced in Baluchi areas increaseddramatically. Dozens were reported to have beenexecuted by the end of the year.

Religious minoritiesMembers of Iran’s religious minorities were detained orharassed on account of their faith.

In February over 1,000 Nematollahi Sufis peacefullyprotesting against an order to evacuate their place ofworship in Qom were arrested. Hundreds were injuredby members of the security forces and members oforganized pro-government groups. In May, 52 Sufis,including two lawyers representing the group, weresentenced to one year’s imprisonment, flogging and afine, and the lawyers were banned from practising law.In August, Grand Ayatollah Fazel Lankarani issued areligious edict designating Sufism as “null and void”.

Several evangelical Christians, mostly converts fromIslam, were detained, apparently in connection withtheir religious activities.b In September, Fereshteh Dibaj and her husband,Reza Montazemi, were detained for nine days beforebeing released on bail. Fereshteh Dibaj is the youngestdaughter of convert Mehdi Dibaj who was murdered in1994 shortly after being released from prison where hehad been held for nine years for “apostasy”.

Sixty-five Baha’is were detained during 2006 and fiveremained held at the end of the year. In March MehranKawsari was released early from his three-year prisonsentence imposed in connection with an open lettersent to the then President in November 2004.

In March, the UN Special Rapporteur on Freedom ofReligion or Belief expressed concern about an October2005 letter instructing various government agencies toidentify, and collect information about, Baha’is in Iran.

Human rights defendersHuman rights defenders faced deepening restrictionson their work and remained at risk of reprisals. InJanuary, the Ministry of the Interior was reported to bepreparing measures to restrict the activities of non-governmental organizations that allegedly receivedfinance from “problematic internal and externalsources aimed at overthrowing the system”. Students,who remained a politically active section of society,were frequently targeted for reprisals, includingarbitrary arrest and denial of the right to study in thenew academic year.b In August, the Ministry of the Interior bannedactivities by the Centre for Defenders of Human Rights(CDHR), run by Nobel Peace Prize Laureate Shirin Ebadiand other leading lawyers, stating that it did not have apermit. In September, the Ministry of the Interior said apermit would be issued “if changes were made to the[centre’s] mission statement”.b Abdolfattah Soltani, a lawyer and co-founder of theCDHR, was released on bail in March. He was latersentenced to five years’ imprisonment for “disclosingconfidential documents” and “propaganda against thesystem”. The sentence was under appeal at the end ofthe year.b Prisoner of conscience Akbar Ganji, a journalistwho implicated government officials in the murder ofintellectuals and journalists in the 1990s, was releasedin March after completing his six-year prison sentence.

Torture and cruel, inhuman and degrading punishmentsTorture remained common in many prisons anddetention centres, particularly in the investigativestage of pre-trial detention when detainees are deniedaccess to a lawyer for indefinite periods. At least sevenpeople reportedly died in custody, some incircumstances where torture, ill-treatment or denial ofmedical care may have been contributory factors.b Political prisoners Akbar Mohammadi and ValiollahFeyz Mahdavi died in July and September respectivelyafter going on hunger strike to protest at theircontinued detention.b Fourteen-year-old Mohammad Reza Evezpoor, anIranian Azerbaijani, was arrested in April after writing “Iam a Turk” on a wall. He was reportedly tortured duringhis three days in detention, including by being suspendedby his feet for 24 hours and denied food and water. He wasbeaten again when rearrested in September.

At least two amputations were carried out and oneperson was sentenced to eye-gouging. Floggingremained a common punishment.


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b Leyla Mafi received a flogging of 99 lashes inFebruary before being released from prison into awomen’s rehabilitation centre. Forced intoprostitution as an eight-year-old and rapedrepeatedly, she was arrested in early 2004 and chargedwith “acts contrary to chastity” for which she wassentenced to flogging followed by death. Followinginternational pressure, her death sentence wasoverturned.

ImpunityVictims of human rights violations and their familiescontinued to lack redress.b A re-examination, ordered in 2001, of the cases ofMinistry of Intelligence officials accused of the 1998“serial murders”, remained incomplete. NasserZarafshan, lawyer for the families of some of thevictims, continued to serve a five-year prison sentencefollowing his conviction on politically motivatedcharges.

Death penaltyAt least 177 people were executed in 2006, includingone minor and at least three others who were under18 at the time of the alleged offence. Death sentenceswere imposed for a variety of crimes including drugsmuggling, armed robbery, murder, political violenceand sexual offences. Following domestic andinternational protests, the death sentences of somewomen and of some prisoners aged under 18 at thetime of the alleged offence were suspended or lifted;some were sentenced to death again after a retrial.Two people were reportedly stoned to death despitea moratorium on stoning announced by the judiciaryin 2002. Others remained under sentence of stoningto death. In September, Iranian human rightsdefenders launched a campaign to save nine womenand two men sentenced to death by stoning and toabolish stoning in law. By the end of the year thestoning sentences of at least three of the 11 had beenquashed.

Freedom of expression and associationFreedom of expression and association wasincreasingly curtailed. Internet access wasincreasingly restricted and monitored. Journalists andwebloggers were detained and sentenced to prison orflogging and at least 11 newspapers were closed down.Relatives of detainees or of those sought by theauthorities remained at risk of harassment orintimidation. Independent trade unionists facedreprisals and some academics, such as RaminJahanbegloo, were detained or dismissed from theirposts.b Up to 1,000 members of the independent, butbanned, Sherkat-e Vahed Bus Company Union werearrested in January after striking to demandrecognition of their union and to protest at thedetention of the union’s head Mansour Ossanlu. Allwere later released, but dozens were still forbiddenfrom returning to their jobs at the end of the year.Mansour Ossanlu was released on bail in August after

being held for over seven months in connection withhis trade union activities, but was redetained for onemonth in November, reportedly after attendingmeetings organized by the International LabourOrganization.

Women’s rightsDemonstrations in Tehran in March and Junedemanding an end to discrimination in law againstwomen were broken up harshly by the security forces.Some protesters were injured.b Former Majles deputy Sayed Ali Akbar Mousavi-Kho’ini was arrested at the June demonstration andheld for over four months before his release on bail inOctober. He reported that he had been tortured indetention.

In August, women’s rights activists launched acampaign to gather a million signatures to a petitiondemanding equal rights for women.

AI country reports/visitsReports• Iran: Human rights defender at risk — appeal case:

Abdolfattah Soltani (AI Index: MDE 13/009/2006)• Iran: New government fails to address dire human

rights situation (AI Index: MDE 13/010/2006)• Iran: Defending minority rights — the Ahwazi Arabs

(AI Index: MDE 13/056/2006)


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IRAQREPUBLIC OF IRAQHead of state: Jalal TalabaniHead of government: Nuri al-Maliki (replaced Ibrahimal-Ja’afari in May)Death penalty: retentionistInternational Criminal Court: not ratified

Tens of thousands of civilians were killed or injured indaily and widespread violence that continued toescalate throughout 2006. Many of the killings werethe result of deliberate attacks by Sunni and Shi’aarmed groups as the conflict took on an increasinglysectarian nature. Iraqi security forces committedwidespread human rights violations, includingkillings of civilians and torture and other ill-treatmentof detainees, and were suspected of involvement insectarian killings. Soldiers belonging to the US-ledMultinational Force (MNF) also committed humanrights violations, and some were prosecuted oncharges including the killing, rape or inhumanetreatment of civilians. The MNF held thousands ofpeople in arbitrary detention without charge or trial.Members of Iraq’s most vulnerable groups, includingminorities and women, continued to be targeted forabuses. The violence caused many thousands ofpeople to be displaced from their homes, asneighbourhoods in Baghdad and some other centreswere increasingly affected by rising sectarianism;hundreds of thousands of Iraqis fled the country andsought refuge abroad. The first trial of officials fromthe pre-2003 Iraqi government resulted in deathsentences for former President Saddam Hussain andtwo of his co-defendants after an unfair trial. Scoresof other people were sentenced to death, includingafter unfair trials. At least 65 women and men,including Saddam Hussain, were executed.

BackgroundA permanent Iraqi government took office on 22 May,some three years after the invasion of Iraq by a US-ledcoalition. Elections in December 2005 for the 275-member Council of Representatives ushered in a newparliament with a four-year term, but it took severalmonths for the parties to agree on the composition ofthe new government. The main Shi’a alliance, theUnited Iraqi Alliance, held the largest number of seats,and Nuri al-Maliki of the Shi’a Da’wa Party becamePrime Minister.

Hopes that the appointment of a new, popularlyelected government would bring peace and stabilitywere dashed virtually from the outset, and the year wasmarked by unrelenting, spiralling and increasinglysectarian violence. According to the UN AssistanceMission for Iraq (UNAMI), some 34,452 people werekilled during 2006 and thousands of others wereinjured, adding to the toll of victims of violent deathssince the March 2003 invasion. An independent

estimate published in September in the UK medicaljournal The Lancet suggested that more than 600,000people had suffered violent deaths since March 2003;the US-led coalition and the Iraqi authorities said thiswas an over-estimate, but did not themselves provideaccurate data.

Conditions in Baghdad and other centres becameincreasingly desperate as bombs were detonated inmarkets, other gathering places and near queues ofpeople seeking recruitment to the police or other paidwork. Added to this, groups of armed men carried outmass abductions from communities they targetedapparently for sectarian reasons; sometimes theirvictims were released, but in many cases they werefound murdered and mutilated, their bodies dumped inthe streets. As the economy continued to founder andamid a proliferation of weapons, kidnapping forransom by criminal gangs became common.

As casualties among US and UK forces continued tomount, these forces sought to hand over frontlineduties to newly recruited and trained Iraqi governmentforces. In the south, UK forces moved out of Muthannaprovince in July to be replaced by Iraqi governmentforces, and Iraqi troops took on a greater role alongsideUS forces in central Iraq. At the end of the year,however, US President George Bush appeared ready tocommit thousands of additional US troops in a neweffort to buttress Iraqi government forces andovercome the insurgency.

Sectarian violence and attacks by armedgroupsSectarian and political violence escalated throughoutthe year. Members of different armed groups, includingBa’athists, Sunni and Shi’a extremists and others,targeted civilians for deliberate killings, abductionsand other abuses. Iraqi security forces linked to someof the armed groups were accused of involvement insectarian killings. Many bodies of the victims boremarks of torture and were dumped on streets.

On 22 February, armed groups bombed the al-Askarimosque, a prominent Shi’a shrine, in the city ofSamarra. No one was killed, but the mosque and itsgolden dome were seriously damaged. In theimmediate aftermath, Sunni and Shi’a clerics andmosques were attacked, and random mortar shootingsand bomb attacks reportedly claimed many lives.Thereafter, sectarian violence and sectarian“cleansing” intensified and continued throughout theyear. Thousands of civilians were driven from theirhomes in mixed neighbourhoods in Baghdad. BothSunni and Shi’a armed groups were responsible for the“cleansing” drive.

People were also targeted because of their ethnicidentity. Palestinian residents of Iraq were amongthose particularly at risk. In the three weeks followingthe bombing of the al-Askari mosque, at least 12Palestinians were killed, and attacks on theirresidential areas by unidentified assailants continuedthroughout the year.b On 17 July, more than 40 people were killed at amostly Shi’a market in Mahmoudiya, south of Baghdad.


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A group called Supporters of the Sunni People posted amessage on the Internet taking responsibility for thisand other attacks targeting Shi’a Muslims. Thefollowing day in the town of Kufa, a suicide bomberdetonated a van packed with explosives at a marketoutside the golden-domed mosque, a Shi’a shrine, afterluring labourers with job offers. At least 59 Shi’aMuslims were killed and more than 130 injured.b On 14 October, dozens of Sunnis were reportedlykilled in the town of Balad; some were shot dead, othersbore signs of torture. The killings were apparently inretaliation for the deaths the previous day of 17 Shi’aworkers, whose beheaded bodies were reportedlyfound in al-Dulyiyah, a predominantly Sunni town,north of Baghdad.

Non-Muslim religious minorities were frequentlytargeted for attack because of their faith. Many werekilled, including religious leaders. The attacksprompted thousands of members of these communitiesto seek safety abroad.b On 10 October, Raad Mutar Falih al-Othmani, ajeweller and trainee religious leader from theMandaean community, was reportedly shot dead in hishouse in al-Suwayra by unknown assailants.b The decapitated body of Father Boulos Iskandar, apriest from the Syriac Orthodox Church, was found inMosul on 11 October, a week after he was kidnapped.The kidnappers had allegedly demanded that thepriest’s church denounce controversial public remarkson Islam made by Pope Benedict XVI in September.

There were reports of people being harassed,threatened or killed because of their actual orperceived sexual orientation.

By the end of the year, more than 400,000 peoplehad fled their homes for other locations within Iraq,most because of the sectarian violence. UNHCR, the UNrefugee agency, estimated that the number of Iraqisliving as refugees in neighbouring countries, mainlySyria and Jordan, had swelled to 1.8 million.

Violations by Iraqi security forcesIraqi security forces under the control of the InteriorMinistry reportedly committed widespread humanrights violations, including involvement in killings ofcivilians and torture and other ill-treatment ofdetainees. They reportedly maintained close links withtwo Shi’a armed groups, the Mahdi Army and the BadrBrigades, from whose ranks many were said to havebeen recruited, and were accused of supporting oracquiescing in abuses committed by these groups. Thesecurity forces were also alleged to have been involvedin “death squad”-style killings.b In October, an entire police brigade was suspendedpending investigations into its involvement in theabduction of 26 Sunni factory workers in October, atleast 10 of whom were later found dead.

Torture and other ill-treatment of detainees byInterior Ministry security forces was reported.b On 30 May, a joint Iraqi-MNF team inspected Site 4detention centre in Baghdad, where 1,431 detaineeswere held under the control of the Interior Ministry.The inspection found that detainees had been

systematically abused, in some cases amounting totorture, and were being held in unsafe, overcrowdedand unhealthy conditions. In November, the InteriorMinister announced that arrest warrants for 57employees, including a police general, had been issuedin connection with the abuses.

No findings were made public of investigationslaunched in 2005 into alleged human rights violations inan Interior Ministry detention centre in the al-Jadiriyahdistrict of Baghdad. US military forces had raided thedetention centre and reportedly found at least 168detainees in appalling conditions, many of whom hadallegedly been tortured.

Violations by US-led Multinational ForceThere were frequent allegations that US forcescommitted human rights violations against Iraqicivilians, including unlawful killings. In some cases,investigations were launched. Charges were broughtagainst several US and UK military personnel, includingfor human rights violations in previous years. In caseswhere investigations were concluded without anyprosecutions, no detailed findings were published.b In December, four US soldiers were charged withunpremeditated murder and faced trial before amilitary court. The charges related to the deaths of 24men, women and children in Haditha, north ofBaghdad, on 19 November 2005. Four other US soldierswere charged with attempting to cover up theincident.b In November, a US soldier pleaded guilty before amilitary court to raping and killing Abeer Qasim Hamza,a 14-year-old girl, and murdering three of her relativesin Mahmoudiya in March. He was sentenced to lifeimprisonment. Three other soldiers faced charges ofrape and murder in the same case, as well as arson forburning the girl’s body to destroy evidence. A fifthsoldier, who had already been discharged from thearmy on mental health grounds when the chargesarose, pleaded not guilty in a civilian federal court.b A court martial of seven UK soldiers began inSeptember. One soldier pleaded guilty to inhumanetreatment. The six others pleaded not guilty to chargesrelating to the death of Baha Dawud Salim al-Maliki,also known as Baha Mousa, a hotel receptionist, whodied in British custody in Basra in 2003, and the ill-treatment of other detainees. Baha Mousa and theother detainees were arrested in September 2003 andtaken to a detention centre where they were allegedlybeaten and otherwise abused.

Thousands of people were held by the MNF withoutcharge or trial and without the right to challenge thelawfulness of their detention. Many were releasedwithout explanation after months or years indetention, and thousands continued to be held withoutany effective remedy. Detainees in US custody had theirdetention initially reviewed by a magistrate andthereafter every six months by a non-judicial body.MNF forces also detained people standing trial beforeIraqi courts.

In December, more than 14,500 detainees were beingheld by US forces, mainly in Camp Cropper, near


IRA

Baghdad, and Camp Bucca, near Basra. Increasedcapacity at Camp Cropper enabled the US authorities totransfer detainees out of Camp Fort Suse and Abu Ghraibprison and hand both facilities to the Iraqi authorities inSeptember. At the end of the year UK forces were holdingapproximately 100 detainees in Iraq.

Targeting of professionals and human rights defendersMany professionals and human rights defenders weretargeted for abuses in connection with their work.

Several judges and lawyers were killed orthreatened, especially those involved in terrorism-related cases. Several lawyers refused to defend thoseaccused of terrorism to avoid being targeted.b A M, a Palestinian lawyer resident in Iraq, fled thecountry in October after allegedly escaping an attempton his life and being threatened. His clients includedpeople accused of terrorism-related offences.

More than 60 journalists and media workers werereportedly killed in Iraq in 2006.b Masked gunmen killed 11 people and wounded twoat the Baghdad office of the satellite TV channel al-Sha’abiya in October.b On 22 February Atwar Bahgat, a correspondent withthe TV channel al-‘Arabiya, and her colleagues KhaledMahmoud al-Falahi and ‘Adnan Khairallah werekidnapped. Their bodies were found the next day nearSamarra.

Academics, teachers and members of the medicalprofession were kidnapped for ransom. This promptedmany other professionals to flee Iraq.

Violence against womenThe situation of women continued to deteriorate. Therewas increased violence against women, includingabductions, rapes and “honour killings” by malerelatives. Politically active women, those who did notfollow a strict dress code, and women human rightsdefenders were increasingly at risk of abuses, includingby armed groups and religious extremists.b On 29 July, unidentified assailants shot dead SalahAbdel-Kader, a lawyer in Baghdad who acted in cases of“honour killings” and custody battles. A note wasreportedly found near his body accusing him of notfollowing Islamic law.

Trial of Saddam Hussain and othersThe first trial before the Supreme Iraqi CriminalTribunal (SICT) concluded in July. Former PresidentSaddam Hussain and seven other former officials weretried for human rights violations in connection with thekilling of 148 people from the largely Shi’a village of al-Dujail following an attempted assassination of SaddamHussain in 1982.

Saddam Hussain, his half brother and former head ofthe intelligence service Barzan al-Tikriti, as well asAwad al-Bandar, former head of the RevolutionaryCourt, were sentenced to death in November. Theirdeath sentences were upheld by the Appeals Chamberon 26 December and four days later Saddam Hussainwas executed.

Political interference undermined the independenceand impartiality of the SICT, causing the first presidingjudge to resign and blocking the appointment ofanother. The court failed to take adequate measures toensure the protection of witnesses and defencelawyers, three of whom were assassinated during thetrial. Saddam Hussain was denied access to legalcounsel for the first year after his arrest, andcomplaints by his lawyers throughout the trial relatingto the proceedings appeared to have been inadequatelyaddressed by the tribunal. The appeal process wasconducted in haste and failed to rectify any of the flawsof the trial; the appeals chamber instructed the SICT toreconsider the life sentence imposed on former Vice-President Taha Yassin Ramadan because it consideredit too lenient.

A second trial before the SICT began on 21 August toconsider allegations that Saddam Hussain and sixothers were responsible for mass killings and enforceddisappearances of members of Iraq’s Kurdish minorityin 1988 in the so-called Anfal Campaign. In Septemberthe presiding judge was forced to step down followingaccusations of bias by the Iraqi government. Followinghis replacement, the trial continued but had notconcluded by the end of the year; it was expected tocontinue against the other accused following theexecution of Saddam Hussain.

Death penaltyScores of people were sentenced to death and at least65 men and women were executed. The authoritiesreported three execution sessions in Baghdad, eachinvolving the hanging of more than a dozen people. Atthe end of the year, about 170 men and womenreportedly remained on death row.

In May the Court of Cassation confirmed the deathsentences imposed on Shihab Ahmad Khalaf andAbdullah Hana Hermaz Kelanah, who had been foundguilty of leading the activities of a terrorist organizationin November 2005. Although both men confessed, atleast one of them, Shihab Ahmad Khalaf, said he haddone so under duress. The judge allegedly refused tolaunch an investigation into his allegations of torture.At the end of 2006 no further information wasavailable.

Northern IraqThe largely autonomous Kurdish region was much morestable than the rest of the country in 2006, althoughsome human rights violations were reported. The twodominant parties, the Kurdistan Democratic Party (KDP)and the Patriotic Union of Kurdistan (PUK), agreed toform a unified government for the region, the KurdishRegional Government, which was announced in May.b Security forces opened fire at protesters in thetowns of Darbandikhan and Kalar on 7 and 9 Augustrespectively, reportedly killing two people. In othertowns where demonstrations took place, scores ofpeople were reportedly detained, among them ninelocal journalists. Demonstrators had taken to thestreets to protest against fuel shortages and to call forimproved public services.


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Several people were believed to be heldincommunicado, and there were reports that theKurdish authorities ran secret detention centres.b Three Turkish nationals, members of the Turkey-based non-governmental Association for the Rights ofFreedom of Thought and Education, were detained inJune at or near the Turkish-Iraqi border crossing ofHabur/Ibrahim Halil near Zakho in Iraq. At the end ofthe year, Metin Demir, Mustafa Egilli and Hasip Yokusremained in detention in Arbil in Northern Iraq withouthaving been charged or tried.

The first executions in the Kurdish-controlled regionof Northern Iraq since 1992 took place on 21 September,when 11 people were executed after being convicted ofkillings and kidnappings.

AI country reports/visitsReports• Beyond Abu Ghraib – detention and torture in Iraq

(AI Index: MDE 14/001/2006)• Iraq: Amnesty International greatly concerned by

rising toll of civilian killings, including fordiscriminatory motives (AI Index: MDE 14/030/2006)

• Iraq: Amnesty International alarmed at rise inexecutions (AI Index: MDE 14/033/2006)

• Iraq: Amnesty International deplores deathsentences in Saddam Hussain trial (AI Index: MDE14/037/2006)

• Iraq: One year on, still no justice for torture victims(AI Index: MDE 14/038/2006)

• Iraq: Amnesty International deplores execution ofSaddam Hussain (AI Index: MDE 14/043/2006)

IRELANDIRELANDHead of state: Mary McAleeseHead of government: Bertie AhernDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Judicial inquiries into police misconduct criticizedthe National Police Service (An Garda Síochána).There was concern at Ireland’s record in upholdingthe human rights of children.

PolicingThe judicial inquiry into the April 2000 fatal shootingof John Carthy by police published its report in July. Itseverely criticized police systems, management andtraining in dealing with mental health emergencies inthe community and the use of lethal force. Itidentified a series of command failures by policescene commanders, including that insufficientprecautions were taken to avoid or minimize the riskto life. It also found that John Carthy “was probablysubjected to physical abuse while underinterrogation” while in custody on a separateoccasion in September 1998, and that investigationsinto this matter were inadequate.

The judicial inquiry into complaints against membersof the police Donegal Division published its third,fourth and fifth reports in August. It highlighted grossabuses of powers and fabrication of evidence; abuse ofsearch warrants under the Offences against the StateAct; specific misbehaviour by individual police officers;and “staggering” indiscipline and insubordination.Among other things, it found that police officersconspired to invent a story to ensure the acquittal ofanother officer facing a criminal charge.

The Police Ombudsman Commission, empowered toinvestigate complaints against members of the police,including cases involving deaths or serious injuryduring police operations, had not come into operation.As a result, the ineffective Police Complaints Boardcontinued to deal with complaints.b At the end of the year, the inquest into the death ofTerence Wheelock remained adjourned. He died in2005 in hospital after being found unconscious in apolice cell.

‘War on terror’In June, Ireland was one of the states identified inSenator Marty’s report for the Parliamentary Assemblyof the Council of Europe as responsible for passivecollusion in the US-led programme of secret detentionsand renditions (illegal transfer of people betweenstates outside of any judicial process). There wasconcern that the government had not satisfactorilyinvestigated allegations that Shannon airport may havebeen used by foreign aircraft in the transfer ofdetainees by the USA or its agents.


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Also in June a civilian aircraft landed at Shannonairport en route from Kuwait to the USA carrying a USMarine in US military custody without the requiredconsent of the Irish government. This gave rise toconcern that aircraft registered as private, yet used forstate functions, availed themselves of entitlements foroverflight and landing without prior authorization ornotification.

International Criminal CourtThe International Criminal Court Act 2006 was enactedin October, establishing domestic jurisdiction overcrimes under the Rome Statute of the InternationalCriminal Court. However, the Act appeared to prohibitdomestic jurisdiction over conduct that occurredbefore its entry into force.

Places of detentionGary Douch was killed in August by another prisoner inMountjoy Prison, Dublin. There was concern about theabsence of a statutory mechanism for independent andeffective investigations into prison-related complaints,including deaths in custody.

The Inspector of Prisons and Places of Detention’sannual report, published in August, noted prisonovercrowding, limited occupational and educationalactivities, and inadequate prisoner complaintsprocedures.

The Prisons Bill 2006, published in November,proposed placing the Office of the Inspector of Prisonson a statutory footing, as repeatedly called for by theEuropean Committee for the Prevention of Torture.However, the Bill failed to provide investigation of oradjudication on individual prisoner complaints asfunctions of the Inspector.

In November, the Irish Human Rights Commissionadvised that law and practice in the determination oflife sentences was incompatible with the EuropeanConvention on Human Rights, and that the ParoleBoard should be placed on a statutory footing andcharged with determining applications for temporaryrelease.

ChildrenIn September, reviewing Ireland’s periodic report, theUN Committee on the Rights of the Child noted thefailure of the authorities to implement fully its previousrecommendations on the adoption of a child rights-based approach in policies and practices. Among otherthings, the Committee expressed concern about the lackof incorporation of the UN Children’s Convention intodomestic law; limitations in the mandate of theOmbudsman for Children in investigations related tochildren in prison and police stations; racism andxenophobia faced by children from ethnic minoritycommunities; the lack of privacy protection for childrenprosecuted in higher courts; the fact that corporalpunishment was not prohibited; the lowering of the ageof criminal responsibility to 10 years for serious crimes;the lack of separate detention facilities for children aged16 and 17; the lack of recognition of the Travellercommunity as an ethnic group; and child poverty.

Residential facilitiesState-run or funded residential facilities for children incare and unaccompanied asylum-seeking childrenlacked an inspection system.

In November a government-commissioned review ofdeaths between 2002 and 2005 at the Leas CrossNursing Home for the elderly was published. It foundthat the care provided to residents was deficient onmany levels, consistent with institutional abuse. Itconcluded that deficiencies in care at Leas Cross werelikely to be replicated in other institutions throughoutIreland owing to a lack of structure, funding, standards,and oversight. It criticized the absence of systematicmonitoring of deaths in nursing homes.

Treatment of people with intellectual disabilitiesInappropriately, adult inpatient mental health unitscontinued to admit children. The establishment of anindependent inspectorate for residential care facilitiesfor adults with intellectual disabilities was delayed.

Asylum-seekers and victims of traffickingGuidance for legislative proposals to consolidate andreform immigration legislation, and establish a singleprotection procedure was published in September. Itgave rise to concerns, including a lack of clarity indistinguishing between refugee protection andsubsidiary forms of protections; failure to address thelack of transparency and inconsistent decision-makingin the present appeal mechanism; failure to address thecontinued inappropriate housing of immigrationdetainees in prisons; and the absence of specificprotection measures for victims of trafficking. Likewise,the Criminal Law (Trafficking in Persons and SexualOffences) Bill 2006 published in July failed to providefor the latter.

DiscriminationIn his July report, the UN Co-ordinator on Follow-up ofthe Committee on the Elimination of RacialDiscrimination urged the Irish government to engage indialogue with the Traveller community regarding theidentification of Travellers as an ethnic group.

WomenA National Women’s Strategy to address genderinequality had still not been published by the end of theyear. Non-governmental organizations providing crisisand support services to women experiencing gender-based violence continued to be under-funded.

Arms tradeIn August, Irish-made components were reportedlyexported to the USA for incorporation into attackhelicopters supplied to Israel.

Despite a government announcement in August thatit would legislate on arms export controls, by the end ofthe year no proposals had been published.


ISR

ISRAEL AND THEOCCUPIEDTERRITORIESSTATE OF ISRAELHead of state: Moshe KatzavHead of government: Ehud Olmert (replaced ArielSharon in April)Death penalty: abolitionist for ordinary crimesInternational Criminal Court: signed but declaredintention not to ratify

Increased violence between Israelis and Palestiniansresulted in a threefold increase in killings ofPalestinians by Israeli forces. The number of Israeliskilled by Palestinian armed groups diminished byhalf. More than 650 Palestinians, including some120 children, and 27 Israelis were killed. Israeliforces carried out air and artillery bombardments inthe Gaza Strip, and Israel continued to expand illegalsettlements and to build a 700-km fence/wall onPalestinian land in the Occupied Territories. Militaryblockades and increased restrictions imposed byIsrael on the movement of Palestinians and theconfiscation by Israel of Palestinian customs dutiescaused a significant deterioration in livingconditions for Palestinian inhabitants in theOccupied Territories, with poverty, food aiddependency, health problems and unemploymentreaching crisis levels. Israeli soldiers and settlerscommitted serious human rights abuses, includingunlawful killings, against Palestinians, mostly withimpunity. Thousands of Palestinians were arrested byIsraeli forces throughout the Occupied Territories onsuspicion of security offences and hundreds wereheld in administrative detention. Israeliconscientious objectors continued to be imprisonedfor refusing to serve in the army. In a 34-day waragainst Hizbullah in Lebanon in July-August, Israeliforces committed serious violations of internationalhumanitarian law, including war crimes. Israelibombardments killed nearly 1,200 people, anddestroyed or damaged tens of thousands of homesand other civilian infrastructure. Israeli forces alsolittered south Lebanon with around a millionunexploded cluster bombs which continued to killand maim civilians after the conflict.

BackgroundEhud Olmert became Prime Minister in April havingexercised the powers of the office from January whenPrime Minister Ariel Sharon suffered a severe stroke.Ahead of the March legislative elections, PrimeMinister Ehud Olmert announced his intention toimplement unilaterally a “convergence” plan, under

which Israel would annex Palestinian land west of the700-km fence/wall being built by Israel in theoccupied West Bank, including East Jerusalem, andretain control of the Jordan Valley and the West Bankborder with Jordan. According to this plan, Israelwould annex some 12 per cent of the occupied WestBank, including the locations of all the main Israelisettlements, where more than 80 per cent of Israelisettlers reside.

Relations between the Israeli government and thePalestinian Authority (PA) deteriorated after theIslamic Resistance Movement (Hamas) won theparliamentary elections in the Occupied Territories inJanuary. The Israeli government had no officialrelations with the Hamas administration, although itmaintained relations with PA President MahmoudAbbas and his Fatah party.

Hizbullah-Israel warIn the 34-day war which broke out on 12 July, afterHizbullah’s military wing crossed into Israel andattacked an Israeli patrol, killing three Israelisoldiers and capturing two others. Israeli forcescarried out air and artillery bombardments, killingnearly 1,200 people in Lebanon, including hundredsof children. Israeli forces also destroyed tens ofthousands of homes and commercial properties,mostly in south Lebanon and in the suburbs of Beirut;and targeted and damaged main roads and bridgesthroughout the country. Hizbullah missiles fired intoIsrael caused the deaths of 43 civilians and damagedhundreds of buildings.

In the course of the conflict Israeli forces committedserious violations of international human rights andhumanitarian law, including war crimes. In particular,Israeli forces carried out indiscriminate anddisproportionate attacks on a large scale. Israeli forcesalso appear to have carried out direct attacks oncivilian infrastructure intended to inflict a form ofcollective punishment on Lebanon’s people, in order toinduce them and the Lebanese government to turnagainst Hizbullah, as well as to cause harm toHizbullah’s military capability.

At least six Lebanese nationals, most of them knownor suspected Hizbullah fighters, remained detained inIsraeli prisons at the end of the year, while Hizbullahdid not disclose the fate or condition of the two Israelisoldiers it had captured. Indirect negotiations for aprisoner exchange were reportedly ongoing betweenthe two sides. Israel suspended access by theInternational Committee of the Red Cross (ICRC) to theprisoners it held after Hizbullah refused to grant suchaccess to the two Israeli soldiers.

In the final days of the war, after the terms of theceasefire had been agreed, Israeli forces launchedhundreds of thousands of cluster bombs containing upto 4 million bomblets into south Lebanon. The millionor so unexploded bomblets that were left continued tokill and maim civilians long after the end of the war.Some 200 people, including tens of children, had beenkilled or injured by these bomblets and newly laidmines by the end of the year. Despite repeated


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requests, Israel did not provide detailed maps of theexact locations where its forces launched clusterbombs to the UN bodies mandated to clear unexplodedordnance.

Killings of PalestiniansIsraeli forces carried out frequent air and artillerybombardments against the Gaza Strip, often intodensely populated refugee camps and residentialareas. Some 650 Palestinians, half of them unarmedcivilians and including some 120 children, were killed byIsraeli forces. This toll was a threefold increasecompared with 2005. On 27 June the Israeli armylaunched operation “Summer Rains” following an attacktwo days earlier by members of Palestinian armedgroups on a military post inside Israel in which twoIsraeli soldiers were killed and a third – Corporal GiladShalit – was captured. Israeli attacks escalateddramatically after the capture of Gilad Shalit, althoughthe preceding months had also been marked by killingsof Palestinians and Israeli air and artillerybombardments in the Gaza Strip and the West Bank.b On 9 June, seven members of the Ghalia family –five children and their parents – were killed and some30 other civilians were injured when Israeli forcesfired several artillery shells at a beach in the north ofthe Gaza Strip. The beach was crowded withPalestinian families enjoying the first weekend of theschool holidays. The Israeli army deniedresponsibility for the killings but failed tosubstantiate their claim.b In the early morning of 8 November, 18 members ofthe Athamna family were killed and dozens of othercivilians were injured when a volley of artillery shellsstruck a densely populated neighbourhood of BeitHanoun, in the north of the Gaza Strip. The victims,eight of them children, were killed in their sleep orwhile fleeing the shelling, which lasted for around 30minutes and during which some 12 shells landed in thearea. The Israeli authorities expressed regret for thekillings, saying that the houses were mistakenly struckdue to a technical failure, but rejected calls for aninternational investigation. The attack came in thewake of a six-day Israeli army raid in Beit Hanoun code-named “Autumn Clouds”, during which Israeli forceskilled some 70 Palestinians, at least half of themunarmed civilians and including several children andtwo ambulance emergency service volunteers. The raidalso injured some 200 others, including scores ofchildren.

Most Palestinians were killed in the Gaza Strip,although scores were also killed in the West Bank.b Eight-year-old Akaber ‘Abd al-Rahman ‘Ezzat Zayedwas shot dead by Israeli special forces who opened fireon the car in which she was travelling to hospital withher uncle, who was seriously injured in the attack. Theincident took place on 17 March in Yamun village, nearthe northern West Bank town of Jenin.b On 19 December, 14-year-old Dua’a Nasser‘Abdelkader was shot dead by Israeli soldiers as sheapproached the fence/wall with a friend near Fara’un, avillage in the north of the West Bank.

Israeli forces continued to assassinate wantedPalestinians, killing and wounding bystanders in theprocess.b Nine members of the Abu Salmiya family werekilled when an Israeli F16 fighter jet bombed their homeat 2.30am on 12 July. According to the Israeli army, asenior leader of Hamas’ armed wing was in the house atthe time of the strike but survived. However, the strikewiped out an entire family: the owner of the house,Nabil Abu Salmiya, a Hamas political leader anduniversity lecturer; his wife Salwa; and seven of theirchildren all aged under 18. Dozens of neighbours werealso injured and several other houses were damaged inthe strike.

Attacks by Palestinian armed groupsKillings of Israelis by Palestinian armed groupscontinued but decreased to half the previous year’sfigure and to the lowest level since the beginning of theintifada in 2000. In total, 21 Israeli civilians, including achild, and six soldiers were killed in Palestinian attacksin Israel and the Occupied Territories.b Eleven Israeli civilians were killed and 68 otherswere injured in a suicide bomb attack claimed by thearmed wing of Islamic Jihad on 17 April in Tel Aviv’s oldbus station.b One of two suicide bombings, on 30 March, killedfour Israeli civilians, one of them aged 16, near theentrance of the Israeli settlement of Kedumim, in thenorthern West Bank.

There was a significant increase in the launching ofhomemade “Qassam” rockets by Palestinian armedgroups from the Gaza Strip into the south of Israel. Inmost cases these indiscriminate rockets caused nocasualties, but two Israeli civilians, Fatima Slutzkerand Yaakuv Yaakobov, were killed in separate rocketattacks on Sderot in November and several otherswere injured.

Attacks by Israeli settlersIsraeli settlers in the West Bank repeatedly attackedPalestinians and their property, as well as internationalpeace activists and human rights defenders who soughtto document their attacks on Palestinians. Some of theattacks occurred during the olive harvest season, inOctober and November, when Palestinian farmersattempted to go to their fields close to Israelisettlements and which Israeli settlers sought to preventthem accessing. In June the Israeli Supreme Courtissued a ruling instructing the army and police toprotect Palestinian farmers seeking to work their landfrom attacks by settlers. The incidence of such attacksdecreased, but several more were carried out, some inthe presence of Israeli security forces who failed tointervene.b In the evening of 25 March a group of Israeli settlersassaulted ‘Abderrahman Shinneran as he slept in histent with his wife and three children in Susia in thesouthern Hebron Hills. When his brother ‘Aziz went tohis rescue he too was assaulted and injured.b On 18 November, Tove Johansson, a 19-year-oldSwedish human rights defender, was assaulted by


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Israeli settlers as she accompanied Palestinian schoolchildren through an Israeli army checkpoint near theTel Rumeida Israeli settlement in the West Bank city ofHebron. She was struck with a broken bottle andsustained facial injuries. Israeli soldiers at a nearbycheckpoint took no action to stop the attack orapprehend the perpetrators.

Impunity and the administration of justiceIn December the Supreme Court rejected adiscriminatory law enacted the previous year thatdenies Palestinian victims compensation for abusessuffered at the hands of Israeli forces. However,impunity remained widespread for Israeli soldiers andsettlers responsible for unlawful killings, ill-treatmentand other abuses of human rights of Palestinians andattacks against their property. Investigations andprosecutions relating to such abuses were rare andusually only occurred when the abuses were exposedby human rights organizations and the media. Bycontrast, the Israeli authorities took a range ofmeasures against Palestinians suspected of direct orindirect involvement in attacks against Israelis,including measures such as assassinations, physicalabuse and collective punishment that violateinternational law. Palestinians convicted ofinvolvement in attacks against Israelis were usuallysentenced to life imprisonment by Israeli militarycourts, whereas in the exceptional cases in whichIsraelis were convicted of killing or abusingPalestinians, Israeli courts imposed lenient sentences.

Thousands of Palestinians, including scores ofchildren, were detained by Israeli forces. Many werearrested during Israeli army operations in the GazaStrip. The majority of those arrested were releaseduncharged, but hundreds were accused of securityoffences. Those detained included dozens of Hamasgovernment ministers and parliamentarians, who werearrested after Palestinian gunmen captured an Israelisoldier in June, apparently to exert pressure for thesoldier’s release.

Trials of Palestinians before military courts often didnot meet international fair trial standards, withallegations of torture and other ill-treatment ofdetainees inadequately investigated. Hundreds ofPalestinians were held in administrative detentionwithout charge or trial; more than 700 were being heldat the end of the year. Family visits to some 10,000Palestinian prisoners were severely restricted as manyof their relatives were denied visiting permits.

Imprisonment of conscientious objectorsSeveral Israelis, both men and women, who refused toserve in the army because they opposed Israel’soccupation of the Occupied Territories, wereimprisoned for up to four months. They were prisonersof conscience.b Uri Natan, aged 18, served eight consecutiveprison sentences totalling five months for refusing tobe drafted because of his conscientious objection toIsrael’s military occupation of the OccupiedTerritories.

Violations of economic and social rightsIsrael continued to expand illegal Israeli settlementsand stepped up construction of a 700-km fence/wall,80 per cent of which runs inside the occupied WestBank, including in and around East Jerusalem. Largeareas of Palestinian land were seized and utilized forthis purpose. The fence/wall and more than 500 Israeliarmy checkpoints and blockades throughout the WestBank increasingly confined Palestinians to restrictedareas and denied them freedom of movement betweentowns and villages within the Occupied Territories.Many Palestinians were cut off from their farmland,their main source of livelihood, or could not freelyaccess their workplaces, education, health facilitiesand other services.

Further discriminatory measures were put in place toenforce the system of segregated roads andcheckpoints for Israelis and Palestinians. In Novemberthe Israeli army issued an order prohibiting Israelisfrom using their vehicles to transport Palestinians inthe West Bank, where many roads or stretches of roadare prohibited to Palestinians and reserved for use byIsraelis – mainly the 450,000 Israeli settlers who live inthe West Bank. In the Gaza Strip, the Rafah crossing toEgypt, the only entry and exit point for the 1.5 millionPalestinian residents, was kept completely or partiallyclosed by the Israeli authorities for most of the year.The passage of goods was similarly restricted by theIsraeli authorities’ frequent and prolonged closures ofthe Karni merchandise crossing, the only one theypermit.

The damaging impact of the prolonged blockades andmovement restrictions was compounded by the Israeliauthorities’ confiscation of tax duties due to the PA –some US$50 million a month, equivalent to half of thePA’s administration budget. As a result, humanitarianconditions in the Occupied Territories deteriorated toan unprecedented level, marked by a rise in extremepoverty, food aid dependency, high unemployment,malnutrition and other health problems among thePalestinian population.

The destruction of Palestinian infrastructure byIsraeli forces caused long-term damage and additionalhumanitarian challenges. In June the Israelibombardment of the Gaza Strip’s only power plant,which supplied electricity to half of the area’sinhabitants, as well as Israel’s destruction of bridges,roads, and water and sewage networks, caused thepopulation to be without electricity for most of the daythroughout the hottest months of the year andinterfered with water supplies. Israeli forces alsobombed and destroyed several PA ministries in theGaza Strip and other buildings housing charities andinstitutions reportedly linked to Hamas. These attacksdestroyed or damaged scores of residential properties,rendering hundreds of Palestinians homeless.

Other Palestinians were made homeless when Israeliforces bulldozed their houses in the West Bank,including in the East Jerusalem area, on the groundsthat they had been built without licences which theIsraeli authorities require but make it impossible inthose areas for Palestinians to obtain. The same reason


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was invoked to destroy tens of homes of Israeli ArabBedouins in unrecognized Bedouin villages in the southof Israel, which the Israeli authorities intend to uproot.

AI country reports/visitsReports• Israel/Occupied Territories: Briefing to the UN

Committee on the Elimination of RacialDiscrimination (AI Index: MDE 15/002/2006)

• Israel/Lebanon: Out of all proportion – civiliansbear the brunt of the war (AI Index: MDE02/033/2006)

• Israel/Lebanon: Israel and Hizbullah must sparecivilians — Obligations under InternationalHumanitarian Law of the Parties to the Conflict inIsrael and Lebanon (AI Index: MDE 15/070/2006)

• Israel/Lebanon: Deliberate destruction or “collateraldamage”? — Israeli attacks on civilian infrastructure(AI Index: MDE 18/007/2006)

• Israel and the Occupied Territories: Road to nowhere(AI Index: MDE 15/093/2006)

VisitsAI delegations visited Israel and the OccupiedTerritories in April, May, August, September, Novemberand December. In December AI’s Secretary Generalheaded a delegation that visited Israel and theOccupied Territories and held meetings with the Israeliand PA governments. She expressed concern about thedeteriorating human rights situation and urged them totake concrete measures to end impunity and addresscontinuing human rights abuses. AI also called forinvestigations and reparations for victims of violationsduring the Hizbullah-Israel war.

ITALYITALIAN REPUBLICHead of state: Giorgio Napolitano (replaced CarloAzeglio Ciampi in May)Head of government: Romano Prodi (replaced SilvioBerlusconi in May)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

Italy lacked a comprehensive asylum law. Thegovernment failed to forward extradition requestsfor 26 US citizens to the USA in the Abu Omarrendition case. Several migrants were given anexpulsion order and some were sent back to theircountries of origin based on counter-terrorism laws inplace since 2005. No specific crime of torture wasprovided for in Italian law.

MigrationItaly still lacked a specific and comprehensive law onasylum, and retained the Bossi-Fini law on migrationwhich included provisions that contravened humanrights laws and standards.Detention and expulsions of migrant minorsMigrant minors continued to be routinely detainedupon arrival at the maritime border in Italy, incontravention of international human rights andrefugee law. The right of detained minors to be keptseparate from adults who are not members of the samefamily was in many cases not respected. Minors wereoften not given legal aid or information about theirrights and were in some cases at risk of being forciblyreturned to their countries of origin due to inaccurateage assessment. In some cases unaccompanied minorsalso faced body searches, inspections and confiscationof belongings. Some minors were not granted promptaccess to asylum procedures, while others wereconsidered as asylum-seekers without their knowledgeand received residence permits which they did notunderstand.b In January, three brothers of Somali origin whowere minors were sent back to Ghana, from where theyhad arrived only the previous day, reportedly carryingfalse passports. During their detention at MalpensaAirport in Milan they were reportedly not asked theirage or nationality, nor informed about the possibility ofapplying for asylum and not allowed to contact theirrelatives in Europe. The three eventually fled to Côted’Ivoire.Corruption and abuses in detention centresConditions in many detention centres continued to beproblematic. There were reports of guards taking bribesto supply migrants with overpriced goods andcomplaints of poor legal, medical and psychologicalassistance.b In October it was reported that groups of migrantsescaped from the Caltanissetta detention centre inSicily after bribing guards. The Ministry of the Interior


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and the Caltanissetta public prosecutor beganinvestigations into abuses and crime at the samecentre.Access to migrant detention centresFollowing a declaration by the Minister of the Interiorthat AI should be allowed access to migrants’ detentioncentres, procedures were initiated to authorize suchaccess. Access had previously been denied to AI andother non-governmental organizations.Co-operation with LibyaHigh-level discussions with the Libyan authoritiesbegan regarding joint actions aimed at stemmingmigration to Italy and included promises by the Italianauthorities of financial support to Libya to builddetention centres for migrants, and by Libya to patrolits southern borders. This undertaking was givendespite the fact that Libya had not ratified the UNRefugee Convention and its Protocol, and had notestablished national asylum procedures.

Counter-terrorism measuresAbu Omar abduction and renditionPreliminary judicial investigations were concluded inthe case of Abu Omar, an Egyptian citizen with anItalian residence permit, who was abducted from astreet in Milan in 2003 as part of the USA’s programmeof secret detentions and renditions – the unlawfultransfer of people between states outside of anyjudicial process. Abu Omar was flown by the USA toEgypt, where he was reportedly tortured in detention.The abduction was reported to have been carried outby US Central Intelligence Agency (CIA) agents andmembers of the Italian military and security serviceagency, Servizio per le Informazioni e la SicurezzaMilitare (SISMI). Although the Minister of Justice gavepermission for Italian magistrates to interview suspectsin the USA, by the end of 2006 the Ministry had notforwarded extradition requests to the US authorities.By the end of the year a total of 26 arrest warrants foralleged US operatives had been issued, including onefor the head of the CIA office in Italy at the time of theabduction. Arrest warrants were also issued for twoSISMI agents.

In December, prosecutors asked a judge to indict the26 US operatives and nine Italian citizens, including thehead of SISMI at the time of the abduction.Summary expulsionsSeveral migrants were given expulsion orders andsome were sent back to their countries of origin based on counter-terrorism legislation (Law 155/05,the so-called “Pisanu Law”) in place since 2005. Nojudicial control was carried out on whether thoseexpelled were involved in criminal activities, whetherthe expulsion itself was legal, or whether subjects ofthe expulsion orders risked human rights abuses intheir countries of origin. Those expelled during theyear included nationals from Egypt, Morocco, Syriaand Tunisia.b One man was summarily expelled to Syria despitehaving a residence permit to remain legally in Italy. Hewas reportedly detained for several days by the Syrianauthorities before being released.

The Pisanu Law allowed expulsion orders of bothregular and irregular migrants to be decided andimplemented based on “well-grounded reasons tobelieve that his/her stay in the territory could favour inany manner terrorist organizations and activities”. Thelaw did not require the person deported to have beenconvicted of or charged with a crime connected toterrorism and did not provide for judicial confirmationor authorization of the decision and of itsimplementation. The law provided for a judicial appealagainst the decision, but not for suspension of theactual deportation pending the appeal. The expulsionprocedure lacked effective protection fromrefoulement for people who could be at risk ofpersecution or other serious human rights violationsonce in the country of origin. In November, theEuropean Court of Human Rights suspended thedeportation of three people about to be expelled basedon the Pisanu Law. The Court based its decision on therisks they would run in their countries of origin ifexpelled, including the risk of torture and ill-treatment.

The Italian Constitutional Court was investigatingwhether some provisions of the Pisanu Law violated theright to judicial remedy, the right to defence, and theright to fair trial.

During the second half of the year, evidence emergedregarding a governmental list of migrants to beexpelled on suspicion of involvement in terrorism. Atleast one of the persons expelled in 2006 based on thecounter-terrorism law was on the list.

Police concernsItaly still failed to make torture, as defined in the UNConvention against Torture, a specific crime within itspenal code. There was no independent policecomplaints and accountability body. Policingoperations were not in line with the European Code ofPolice Ethics, for example in the requirement forofficers to display prominently some form ofidentification, such as a service number, to ensure theycould be held accountable.b An investigation continued into a December 2005operation in Val di Susa when several hundred lawenforcement officers attempted to remove around 100people demonstrating against a high-speed rail link.Demonstrators were reportedly assaulted and beaten,many while sleeping.Updates: policing of 2001 demonstrationsTrials of police officers continued in relation to policingoperations around the mass demonstrations in Naplesin March 2001 and during the G8 Summit in Genoa inJuly 2001.b In November a Genoa court declared that it wouldnot reopen investigations into the death of CarloGiuliani, a young man fatally shot by a law enforcementofficial during the 2001 demonstrations in the city. Callsto reopen investigations had been prompted by theemergence of potential new evidence.

International scrutinyIn April, the UN Human Rights Committee adopted itsConcluding Observations on Italy after reviewing the


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state’s periodic report. The Committee recommendedamong other things that Italy establish an independentnational human rights institution, in accordance withthe UN Paris Principles. It also recommended thatefforts be increased to ensure that prompt andimpartial investigations were carried out intoallegations of ill-treatment by law enforcementofficers.

The Committee further recommended that themaximum period during which a person may be held incustody following arrest on a criminal charge bereduced, even in exceptional circumstances, to lessthan the current five days and that the detainee begiven access to independent legal advice immediately.It also recommended that Italy ensure that the judiciaryremain independent of the executive power, and thatjudicial reform not jeopardize this independence.

AI country reports/visitsReports• Italy: Invisible children – The human rights of

migrant and asylum-seeking minors detained uponarrival at the maritime border in Italy (AI Index: EUR30/001/2006)

• Italy: Five years after the G8 Genoa policingoperations – Italian authorities must take concreteaction to prevent and prosecute police brutality in allcircumstances (AI Index: EUR 30/005/2006)

• Italy: Abu Omar – Italian authorities must cooperatefully with all investigations (AI Index: EUR30/006/2006)

JAMAICAJAMAICAHead of state: Queen Elizabeth II, represented byKenneth Hall (replaced Howard Cooke in February)Head of government: Portia Simpson Miller (replacedPercival James Patterson in March)Death penalty: retentionistInternational Criminal Court: signed

Widespread sexual violence, including rape,continued during 2006, posing severe health risksfor women and girls. Murder rates declined but werestill among the highest in the world. Already highlevels of killings by the police rose over the previousyear’s total. Impunity continued to be the norm forsuch abuses.

BackgroundIn February Portia Simpson Miller was elected aspresident of the ruling People’s National Party (PNP)and in March she became the country’s first femalePrime Minister. Corruption allegations emerged inOctober when the opposition revealed that the PNPhad received a donation of 31 million Jamaican dollarsfrom a company selling Nigerian crude oil to theinternational market for Jamaica.

Sexual violence against women and girlsSexual violence continued throughout the country,resulting in severe health risks for women and girls.Sexual harassment and assault by strangers, friends,family, acquaintances and lovers was widespread butthe authorities failed adequately to investigate andpunish the perpetrators. Rates of HIV infection amongwomen and girls continued to rise and people livingwith HIV faced systematic discrimination.

The discussions aimed at reforming the OffencesAgainst the Person Act and the Incest Punishment Act,ongoing since 1995 and 2000 respectively, re-started ina parliamentarian joint committee on 6 December.Proposed amendments to both acts would offer greaterlegal protection to women and children, includingmaking marital rape a criminal offence and increasingpunishments for perpetrators of sexual violence. TheCentre for Investigations of Sexual Offences and ChildAbuse was improved and given further powers toinvestigate these crimes.b Early in 2006 a 13-year-old girl was repeatedlysexually assaulted by three teenagers in the back of avan. The assault was allegedly supervised and tape-recorded by a 46-year-old former deacon of a localchurch. The teenagers and the former deacon werecharged with indecent assault and carnal abuse, but inNovember the charges were dropped by the publicprosecutor’s office and replaced with trafficking inhuman beings. The accused were released on bailpending trial, which had not started by the end of theyear.


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b Enid Gordon was raped by two men when she was15 years old. Two men were arrested, charged andreleased on bail. In October 2005, a week before shewas due to testify against the men, Enid Gordon wasfound strangled in the place where she had been rapeda year earlier. Two suspects were arrested and forensicevidence taken, but the results of the investigationwere still pending.

Crime and insecurityHomicide rates in Jamaica remained high, althoughnumbers decreased in 2006. A total of 1,355 murderswere committed during the year according to officialfigures, a decrease since 2005 of more than 20 per cent.

Small arms were widely available, exacerbatingalready high levels of violence. In October Jamaicavoted in favour of a UN resolution to start workingtowards an Arms Trade Treaty.

Gang warfare was prevalent. Gangs were sometimesthe perpetrators of violence in communities, althoughwere sometimes perceived as the protectors of thosecommunities due to distrust of the police. Gang leaderswere known to demand adolescent girls from theirfamilies for sexual exploitation and assault.

Unlawful killingsReports of police brutality continued. At least 138people were allegedly killed by police during the year.Impunity for police abuses and a complete lack ofaccountability in the security and justice systemsremained the norm.b Glenroy McDermoth, a police officer from theJamaican Constabulary Force, was sentenced to lifeimprisonment in February for shooting in the back andkilling Michael Dorsett in 2000. This was the firstconviction of a police officer for murder committedwhile on duty since October 1999.

Death penaltyNo executions took place during 2006. The last was in1988. The 1993 Privy Council ruling that sentences ondeath row prisoners must be carried out within fiveyears or be commuted remained in force. Some callswere made by high-ranking government officials torenew hangings. Seven prisoners were held on deathrow.

AI country reports/visitsReport• Jamaica: Sexual violence against women and girls in

Jamaica – “Just a little sex” (AI Index: AMR38/002/2006)

VisitAI delegates visited Jamaica in December to meetgovernment officials and non-governmentalorganizations concerning violence against women.

JAPANJAPANHead of government: Abe Shinzo (replaced KoizumiJunichiro in September)Death penalty status: retentionistInternational Criminal Court: not ratified

Four people were executed in December, ending a 15-month unofficial moratorium on executions.Amendments to immigration law introduced fast-track procedures to deport “possible terrorists” thatbreached international human rights standards. Theissue of reparations to the victims of Japan’s systemof sexual slavery during World War II remainedunresolved.

BackgroundPrime Minister Koizumi Junichiro stepped down inSeptember after five years in office and was succeededby his Cabinet Secretary, Abe Shinzo.

A nuclear test by North Korea in October intensifiedpublic debate in Japan on whether to revise Article 9 ofthe Constitution which defines Japan as pacifist. In Julyall Japanese troops were withdrawn from Iraq.

The Legal Committee of the Diet (parliament)discussed a Bill that would criminalize any discussionabout committing a criminal offence. It was feared thatvague and broad terms contained in the law wouldrestrict freedom of speech.

In August, the government announced that Japanwould accede to the Rome Statute of the InternationalCriminal Court in July 2007.

Death penaltyAs a result of Justice Minister Seiken Sugiura’scommitment not to sign execution orders while inoffice, no executions were carried out between 16September 2005 and 25 December 2006. Following hisreplacement as Justice Minister by Jinen Nagase, asupporter of the death penalty, the moratorium wasended and on 25 December, four people were executedin secret by hanging – Hidaka Hiroaki in Hiroshima,Fukuoka Michio in Osaka, and Akiyama Yoshimitsu,aged 77, and Fujinami Yoshio, aged 75, in Tokyo.

At the end of 2006,94 prisoners remained on deathrow. Executions are typically held in secret and prisonersare either not warned of their impending execution orare notified only on the morning of the day of execution.

Refugees and immigrationThe number of asylum-seekers increased to more than900, although the number of people recognized asrefugees fell to 26. Lawyers, most of them Tokyo-based,faced difficulties in gaining access to asylum-seekers atdetention facilities, especially when their clients weredetained in immigration facilities far from Tokyo.

Amendments were introduced to the Immigrationand Refugee Recognition Law that introduced


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fingerprinting and photographing of all visitors toJapan. They also brought in fast-track procedures todeport anyone deemed by the Justice Minister as a“possible terrorist”, which had the potential toundermine the principle of non-refoulement.

Some people with valid passports who applied forasylum on arrival in Japan were reported to have beendetained indefinitely at hotels near airports of entry ifthey were deemed likely to abscond. They were notguaranteed the right to communicate with the outsideworld, or to have access to adequate medical treatmentand food. In addition, they did not always have promptaccess to a lawyer or advice about their rights in alanguage they understood. As a result, they did nothave adequate recourse to a judicial process.b More than 30 asylum-seekers, including two 16-year-old Kurdish minors, were detained for about 40days in July-August at a hotel near Narita airport soonafter they sought asylum. All were charged for theiraccommodation at the hotel.

Reparations for violence against womenSurvivors of Japan’s system of sexual slavery beforeand during World War II continued to be denied fullreparations. Japanese courts have repeatedly thrownout lawsuits seeking compensation, and thegovernment continued to argue that compensationclaims were settled by post-war treaty arrangements.b In August the Tokyo District Court refused to awarddamages to eight Chinese women who were victims ofJapan’s sexual slavery system, even though itacknowledged that the women had been kidnapped,held against their will and raped as teenagers.

Substitute prison system (daiyo-kangoku)The daiyo-kangoku system of pre-trial detentioncontinued to allow police to hold suspects in policecells without charge for up to 23 days, a practice thatfacilitates the extraction of “confessions” under duress.Under the daiyo-kangoku system, suspects are solelyunder the control of the police; there are no rules orregulations regarding the duration of interrogation;lawyers’ access to clients during questioning isrestricted; and there is no electronic recording ofinterviews by police.

During 2006 amendments to legislation concerningdaiyo-kangoku were introduced, giving the daiyo-kangoku system legal status for the first time. Theamendments provide for detainees to be informed ofsome of their rights and for lawyers to be appointed,but only after charges have been brought. Detaineesare usually charged only after they have “confessed”. AIhad long campaigned for abolition of the daiyo-kangoku system rather than its reform.

AI country reports/visitsReport• “Will this day be my last?”: The death penalty in

Japan (AI Index: ASA 22/006/2006)VisitAI delegates visited Japan in February.

JORDANHASHEMITE KINGDOM OF JORDANHead of state: King Abdullah II bin al-HusseinHead of government: Ma’arouf BakhitDeath penalty: retentionistInternational criminal court: ratified

Tens of people were arrested for political reasons,including on suspicion of terrorism, and many werereportedly detained incommunicado. Some weretried by the State Security Court (SSC), whoseprocedures fell far short of international fair trialstandards, and sentenced to prison terms or, in somecases, to death, despite alleging in court that theyhad been tortured. There were new reports of tortureand ill-treatment of prisoners and at least foursuspicious deaths in custody. Freedom of expressioncontinued to be restricted. Women were subject tolegal and other discrimination and inadequatelyprotected against domestic violence, and there wereallegations of abuses against migrant workers. Atleast 42 people were sentenced to death and at leastfour were executed.

BackgroundA Memorandum of Understanding between the UK andJordan, allowing for the involuntary return of terrorsuspects from the UK to Jordan, remained in place. Noone had been returned to Jordan under it by the end ofthe year.

In May, Jordan became a member of the UN HumanRights Council.

In October, 129 prisoners, most, but not all of whomhad been convicted, were released under a RoyalPardon. Another 266 detainees, held without charge ortrial under the Law on Crime Prevention, were releasedat the same time.

In December, the King called upon the government togive due attention to reports on human rightsviolations in the country, issued by the government-funded National Centre for Human Rights.

Abuses in the context of the ‘war on terror’The Prevention of Terrorism bill became law inNovember despite concerns expressed domesticallyand internationally that it did not conform tointernational human rights law and standards. The newlaw’s definition of “terrorist acts” was too broad andcould be used to criminalize membership of politicalopposition groups or other peaceful activities.

Reports persisted that al-Jafr prison in south-eastJordan was being, or had been, used in co-ordinationwith US intelligence agencies for the secret detention ofpeople suspected by the US authorities of possessinginformation about terrorism. The Jordanian governmentdenied this. The prison was closed in December,however, on the orders of the King, who called for animprovement in prison conditions. The UN Special


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Rapporteur on torture visited Jordan in June 2006 anddescribed al-Jafr prison as “a punishment centre, wheredetainees are routinely beaten, and subjected tocorporal punishment, amounting to torture”.

A report by the Council of Europe, published in June,accused Jordan of having a prominent role in thetransfer, detention and torture of foreign nationalsunder the US government’s renditions policy.

Tens of people were detained for political reasons,many for suspected involvement in terrorism. Manywere held incommunicado by the General IntelligenceDepartment (GID), the main security serviceresponsible for the arrest, detention and interrogationof political suspects, during which they may have beensubjected to torture or ill-treatment. At least 34political cases were heard by the SSC, during 18 of whichthe defendants withdrew “confessions” they had madein pre-trial detention, saying they had been extractedunder torture. The SSC was not known to haveinvestigated these allegations adequately.b Four men, including Yazin Muhammad al-Haliq,Usama Abu Hazeem and Muhammad ‘Arabiat, weresentenced to death by the SSC in March for allegedlyplanning terrorist attacks and possessing illegalexplosives. The sentences were then reduced to 10years’ imprisonment. The court reportedlydisregarded the defendants’ allegations that they had been forced to sign “confessions” they were notpermitted to see, under torture, including prolonged beatings with sticks to their bodies andsoles of their feet, burning with cigarettes, sleepdeprivation, as well as threats and verbal abuse. Atthe end of 2006, their case was pending appeal beforethe Court of Cassation.b Sheikh Abu Muhammad al-Maqdisi continued to bedetained, reportedly in solitary confinement in the GIDdetention centre in Amman. Although he wasapparently charged days after his arrest in July 2005with conspiracy to commit terrorist acts, andreportedly denied legal counsel, he had not beenbrought to trial by the end of the year. His arrestfollowed a media interview on “resistance” to USinvolvement in Iraq.

Torture and ill-treatmentIn June, the UN Special Rapporteur on torture carriedout a fact-finding mission to Jordan at the invitation ofthe government, and reported that torture wassystematically practised by the GID and the CriminalInvestigation Department. He called on the Jordanianauthorities to ensure that all torture allegations wereproperly investigated, for the use of torture to be madea criminal offence in accordance with internationalstandards and for appropriate penalties to be imposedon those convicted of torture.

There were persistent reports that Islamist prisonerswere subject to ill-treatment in Jordanian prisons,including Qafqafa, Swaqa and Jweideh prisons. Reportsincluded beatings by prison staff, prolonged solitaryconfinement, denial of fresh air and exposure to hottemperatures. There were reportedly at least foursuspicious deaths in custody.

In October, the Minister of the Interior announcedthe establishment of a Human Rights Departmentwithin the Ministry, whose responsibilities wouldinclude improving prison facilities.b On 13 April, armed anti-terrorist police reportedlyraided cells occupied by Islamist prisoners at Qafqafaprison. Inmates and their families said the operation’sintent was to remove two inmates. The authorities saidthey were searching for drugs and weapons. One inmate,Khaled Fawzi ‘Ali Bishtawi, died, reportedly from gunshotwounds. His case was referred to the National Instituteof Forensic Medicine to establish the cause of death. Theresults were not made public and no one was known tohave been held to account for his death.

Death penaltyAt least 42 people were sentenced to death, including 17who were tried in their absence. Of these, 14 hadsentences immediately commuted to prison terms. Atleast four prisoners were executed.b Salem Sa’ad Bin Sweid and Yasser Fathi IbrahimFreihat were hanged at Swaqa prison on 11 March. TheSSC sentenced them to death in 2004 for involvement inthe killing of US diplomat Laurence Foley in Amman in2002. They alleged in court that they had been torturedto make them “confess”. No investigation into theseallegations is known to have been held.

Draft amendments to legislation concerning thedeath penalty remained pending before Parliament.The amendments would reduce the number of capitaloffences and replace the death penalty with lifeimprisonment for crimes such as possession ofweapons or explosives and drug-related offences.

Freedom of expression and associationThere were new violations of the rights to freedom ofexpression and association. The Public Assemblies Lawwas invoked to deny permission for somedemonstrations, including those in opposition to Israel.Several people were arrested, apparently afterexercising their right to freedom of expression. Some ofthese were arrested for criticizing the king and “incitingsectarian or racial strife”.b Journalists Jihad al-Moumani and Hashim al-Khalidi were both sentenced by the Amman Penal Courtto two months’ imprisonment for insulting religioussentiment after republishing cartoons depicting theProphet Muhammad. At the end of 2006, they were onbail pending appeal.b In September, the King pardoned Members ofParliament Muhammad Abu Faris and ‘Ali Abu Sukkarafter they were sentenced to prison terms by the SSCfor “harming national unity” and “inciting sectarian orracial strife”. They had expressed condolences to thefamily of the leader of al-Qa’ida in Iraq, Abu Mus’ab al-Zarqawi, a Jordanian national, after he was killed by USforces. One of them reportedly described Abu Mus’abal-Zarqawi as a “martyr”.

Discrimination and violence against womenTemporary amendments to legislation concerningwomen remained pending before Parliament. These


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amendments would give women the right to divorcewithout their husband’s consent and establishpenalties for perpetrators of family killings.

Article 98 of the Penal Code continued to be used asa defence in cases where men killed their femalerelatives. The Article allows for reduced sentenceswhere the killing is deemed to be committed in a “fit ofrage” caused by unlawful or dangerous acts on the partof the victim. In March, after Article 98 was invoked,the Criminal Court passed a sentence of only one year’simprisonment against a man convicted of killing hisdaughter.

According to official records, 12 women and two menwere victims of family killings during the year.

Migrant workersIn May 2006, the US National Labor Committeereported that migrant workers’ rights were beingabused in more than 25 Jordanian textile factories thatsupply US retailers, stating that employers confiscatedthe passports of tens of thousands of foreign workersand trapped them “in involuntary servitude”. TheCommittee alleged that the abuses included rape,beatings with sticks and belts and that some employeeswere made to work more than 100 hours each week andsome were denied wages for half a year. Shortly after,the Minister for Labour published a report acceptingthat there was evidence of abuses in “some factories”including unpaid overtime but denied many of theCommittee’s findings, including its allegations ofphysical abuse.

RefugeesNearly 200 Iranian Kurdish refugees who had fled Iraq’sal-Tash camp in January 2005 continued to reside inIraq close to the Jordanian border, after being deniedentry to Jordan in contravention of internationalrefugee law. They were housed in tents and subsistedon supplies brought or donated by passing travellers. InMarch, more than 100 Palestinians who had lived asrefugees in Iraq were also denied entry to Jordan, andspent several weeks at the border before they wereresettled in Syria. Some 63 other Palestinian refugeeswho had been confined for three years to a refugeecamp near Ruweished after they fled to Jordan, wereresettled in Canada in October. Others, however,remained confined to the camp.

AI country reports/visitsReport• Jordan: “Your confessions are ready for you to sign” –

Detention and torture of political suspects (AI Index:MDE 16/005/2006)

VisitsAI delegates made several visits to Jordan in 2006.

KAZAKSTANREPUBLIC OF KAZAKSTANHead of state: Nursultan NazarbaevHead of government: Danial AkhmedovDeath penalty: retentionistInternational Criminal Court: not ratified

Asylum-seekers and refugees from China andUzbekistan continued to be at risk of detention andforcible return. At least three men were forciblyreturned to China. A jailed opposition leader wasreleased. A defendant on trial for the murder of aprominent opposition party leader was sentenced todeath after what appeared to be an unfair trial.

BackgroundIn December the Organization for Security and Co-operation in Europe decided to postpone the decisionon Kazakstan’s bid for the 2009 chairmanship of theorganization until December 2007. In October theCommission of the European Union had said thatKazakstan needed to do more to improve respect forhuman rights.

Freedom of assemblyIn February police reportedly broke up an unauthorizeddemonstration in Almaty organized by oppositionparties following the murder of Altinbek Sarsenbaev ,leader of the opposition True Bright Path (Naghiz AkZhol) party. The organizers of the demonstration weresubsequently brought before a court and sentenced tofines and 15 days’ administrative detention.

Forcible returnDespite better co-operation between the governmentand UNHCR, the UN refugee agency, Kazakstancontinued to disregard its obligations underinternational law. Refugees were not effectivelyprotected and continued to be at risk of forcible returnto China and Uzbekistan where they were subjected toserious human rights violations.b In November UNHCR expressed serious concernfor the safety of a Uighur asylum-seeker, whose fateand whereabouts were unknown since his release fromdetention in October. A court in Almaty had quashedthe criminal charges on which he had been detained inJune. UNHCR feared that he might have been forciblydeported.b Two Uighur men originally from China’s XinjiangUighur Autonomous Region (XUAR) – 35-year-old YusufKadir Tohti (also known as Erdagan) and 30-year-oldAbdukadir Sidik – were held in incommunicadodetention in China after they were forcibly returnedfrom Kazakstan in May. The Chinese authoritiesreportedly accused Yusuf Kadir Tohti of “separatism”and asked for his extradition. Abdukadir Sidik had fledthe XUAR in 1999 after publicly protesting against theChinese authorities’ policy on minorities. According to


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a letter written by Abdukadir Sidik from prison beforehe was forcibly returned, he was interrogated andthreatened by Chinese police officers while indetention in Kazakstan.b In January the authorities denied that they haddetained nine Uzbekistani nationals , including fourregistered asylum-seekers, in 2005. Instead theyclaimed that the men had been detained by Uzbekistanilaw enforcement officers on Uzbekistani territory.However, according to reliable sources, the nine weredetained in the city of Shymkent, in the south ofKazakstan, on 24 and 27 November, and heldincommunicado until their forcible return toUzbekistan on 29 November 2005. According to reports,only two of the returned men were initially givenaccess to lawyers in Uzbekistan; the others were heldincommunicado. Two were subsequently sentenced tosix years in prison following a closed trial in Tashkent,Uzbekistan, in April 2006. Rukhiddin Fakhruddinov, aformer independent imam (religious leader) of amosque in Tashkent, was sentenced to 17 years inprison in September by a court in Tashkent after aclosed trial.b In August the authorities released Uzbekistaninational Gabdurafikh Temirbaev into the care of theUNHCR, and allowed him and his family to bepermanently resettled to a third country. GabdurafikhTemirbaev had reportedly been in Kazakstan since1999, when he fled persecution for his religious beliefsin Uzbekistan. He was detained by officers from thesecurity services in June 2006, reportedly following anextradition request from Uzbekistan. GabdurafikhTemirbaev had been recognized as a refugee by theUNHCR in June after a thorough status determinationprocedure.

Fair trial concernsb In January Galimzhan Zhakianov, one of theleaders of the former opposition Democratic Choice ofKazakstan party, was released on parole following anappeal hearing. He had been sentenced to seven years’imprisonment in 2002 for “abuse of office” and financialcrimes, but the real reason for his imprisonmentappeared to be his peaceful opposition activities.b In February the bodies of Altinbek Sarsenbaev, aformer information minister and ambassador to Russia,his bodyguard and driver were discovered on theoutskirts of Almaty. They had been shot in the back withtheir hands tied behind them. Altinbek Sarsenbaev hadresigned his position to join the opposition Naghiz AkJol party in 2003. Opposition leaders alleged that themurder was politically motivated because AltinbekSarsenbaev had been very outspoken, particularly onofficial corruption.

In June, Yerzhan Utembaev, the main defendant in thetrial for the murder of Altinbek Sarsenbaev, retractedhis confession in court. Yerzhan Utembaev, the formerhead of the Senate’s secretariat, claimed that he hadbeen put under severe psychological pressure in pre-trial detention to admit to ordering and organizing themurder. Another defendant, Rustam Ibrahimov, aformer member of an elite special unit of the security

services, who was accused of carrying out the murder,stated in court that the charges against him had beenfabricated and that he had been coerced into signing aconfession. There was concern that the defendants hadbeen presumed guilty from the moment of theirdetention on 22 February. On 1 March PresidentNursultan Nazarbaev told a joint session of parliamentthat Yerzhan Utembaev had already confessed to lawenforcement officers and that he had received apersonal letter from Yerzhan Utembaev in which thelatter admitted his guilt. Opposition groups andrelatives of Altinbek Sarsenbaev claimed that thedefendants were “scapegoats” and that the trial was a“farce”.

In August Rustam Ibrahimov was sentenced to death.Yerzhan Utembaev was sentenced to 20 years in prison.In December the Criminal Chamber of the SupremeCourt began a review of these verdicts and of those ofeight other defendants also sentenced in August.




VisitAI delegates visited Kazakstan in October.

KENYAREPUBLIC OF KENYAHead of state and government: Mwai KibakiDeath penalty: abolitionist in practiceInternational Criminal Court: ratified

The government intensified its intimidation andharassment of journalists and human rightsdefenders. Impunity for abuses by police wasreinforced as the authorities failed to investigateallegations of police brutality. Violence againstwomen and girls, including rape and domesticviolence, remained a serious concern, although anew law was passed outlawing sexual offences.

BackgroundThe government of Mwai Kibaki faced widespreadcriticism over the involvement of several senior


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ministers in two corruption scandals. The Vice-Presidentand two cabinet members were among 30 peoplesummoned by the Kenya Anti-Corruption Commission(KACC) in connection with the Anglo Leasing scandal, inwhich large sums of government money were paid forequipment that was never provided. However, theAttorney General, Amos Wako, decided not to prosecutethe 15 suspects indicted by the KACC.

The report of an inquiry into the Goldenberg scandal,which involved the loss of $1 billion in false gold anddiamond exports in the 1990s, was published inFebruary. It recommended corruption charges againstbusinessman Kamlesh Patni, education ministerGeorge Saitoti, former President Daniel Arap Moi andseveral others. In March five people, including KamleshPatni, were charged. In August a panel of three HighCourt judges ruled that George Saitoti, who hadresigned, had no case to answer.

Attacks on media freedomThere was increased intimidation and harassment ofmedia workers and journalists by the authorities.b In March, armed police, acting on governmentorders, raided the offices and presses of the Standardgroup, a leading media company, and the studios ofKTN television. They set fire to the 2 March edition ofthe Standard, damaged equipment at both sites andconfiscated computers. The raid provoked widespreadprotests both nationally and internationally. ThreeStandard journalists had been arrested before the raidand charged with producing “alarming” articles forreporting that the President had held secret talks with apolitical opponent. The Standard group filed acomplaint against the Internal Security Minister andthe Police Commissioner in connection with the raid,and a Parliamentary Committee held hearings toinvestigate it. In September the charges against thethree journalists were dropped.b Clifford Derrick Otieno, who filed a privateprosecution alleging assault by First Lady Lucy Kibaki,the wife of President Kibaki, in May 2005, wasrepeatedly threatened and harassed. He was forced toleave the country in January, but his family continuedto be threatened. His case against Lucy Kibaki wasterminated by the Chief Magistrate. In November,following repeated postponements, theConstitutional Court dismissed his appeal challenging the termination.b In May, two journalists working for the Citizentelevision channel were reportedly assaulted by policeafter they had attempted to photograph officersallegedly trying to extract bribes.

A draft bill – the Media Council of Kenya Bill 2006 –proposed a statutory media council in place of theexisting voluntary council. The bill was criticized on thegrounds that it proposed imposing restrictions on thework of journalists through an annual licensing system,allowed for political interference through thecomposition of its appointments board, and limited theright of appeal against the proposed council’sdecisions. By the end of 2006 the bill had not beenpassed by parliament.

Harassment of human rights defendersThe government sought to undermine and obstruct thework of human rights defenders. Non-governmentalorganizations accused the government of using theKACC and the Kenya Revenue Authority to intimidateits critics.b In September, the Chairman of the Kenya NationalCommission of Human Rights, Maina Kiai, wassummoned by the KACC for an investigation intoallegations of abuse of office. The allegations againstMaina Kiai, an outspoken critic of the government,included issues related to his relocation allowance andthe manner in which auditors were selected. Forty civilsociety organizations came to his defence, stating thatthe investigation was politically motivated and part of awider plan by the government to harass and intimidatehuman rights defenders.

ImpunityThe authorities failed to investigate allegations ofhuman rights violations by police, including reports oftorture and unlawful killings. Provincial CommissionerHassan Noor Hassan reportedly issued “shoot-to-kill”orders to police in Nakuru district in October, followinga spate of ethnic clashes.b Despite a request for information by the SpecialRepresentative of the UN Secretary-General for HumanRights Defenders, there was no news of aninvestigation into allegations of ill-treatment made byOjiayo Samson and Mithika Mwenda, both human rightsactivists. The two men were beaten by police officers inJuly 2005 after being arrested during a demonstrationand continued to face criminal charges.b There was still no investigation into the deaths ofPaul Limera, aged 14, Hillary Ochieng, aged 17, VincentOtieno, aged 15, George Ogada and Paul Mwela, who wereshot by police officers during a demonstration in 2005.

In October the Justice Minister, Martha Karua,announced the creation of a new body to receive publiccomplaints about police excesses and hold the policeaccountable.b A group of former Mau Mau insurgents launched asuit against the UK government in October, seekingcompensation for human rights abuses including rape,beatings and other torture committed during therebellion for independence in the 1950s. According tothe Kenya Human Rights Commission, tens ofthousands of people were tortured by the Britishauthorities at the time.

Violence against women and girlsWomen continued to face widespread violence, andviolence against girls reportedly increased. Most sexualviolence against girls was reportedly committed byfamily members or close family friends.b In March, 10 schoolgirls were raped during ademonstration in the town of Nyeri. Five local boyswere later arrested, but no prosecution was reported.

The government passed the Sexual Offences Act 2006in May. The new act imposed minimum sentences fordifferent crimes; defined rape, defilement and othersexual offences; and proscribed the use of previous


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sexual experience or conduct as evidence against thevictim. However, the act did not recognize marital rape,provided a restrictive definition of rape and did notcriminalize forced female genital mutilation.

Forced evictionsTens of thousands of residents were forcibly evictedfrom forest areas and informal settlements. Evictionswere characterized by violence, the destruction ofhouses and property, and inadequate resettlement andcompensation provisions. Notice was sometimes, butnot always, given.

The government pledged to develop nationalguidelines on evictions, and in May set up an inter-ministerial task force to finalize them, but no draft hadbeen issued by the end of the year.b In March, 3,000 families were evicted fromKipkurere Forest in the Rift Valley. Settlements wereburned, and property and food stocks destroyed.b In June, 8,000 people were evicted from EmborutForest, in the Rift Valley. Houses, schools and churcheswere burned down.b More than 600 families were left without shelterafter Komora slum in Nairobi was destroyed inSeptember to make way for a private development.Residents complained that they had nowhere to go,that they had been given only 10 minutes to clear theirhomes, and that the iron sheets they had used for theirdwellings were destroyed.

Protection of refugees and asylum-seekersTens of thousands of new Somali refugees crossed theborder into Kenya, joining the 160,000 refugees –mostly from Somalia – already living in camps aroundthe town of Dadaab in the east of the country. By lateOctober, an estimated 34,000 had arrived, fleeingincreased violence in southern and central Somalia.

At Kakuma camp, near the Sudanese border, therewere reports of rising tensions between refugees andmembers of the local Turkana ethnic group. Fourpeople were killed in clashes and attacks on the camp inAugust. Refugees who had been repatriated to southernSudan returned to Kakuma camp in May, reportedlybecause of insecurity in southern Sudan.

Kenya, Rwanda and UNHCR, the UN refugee agency,signed an agreement in March on the voluntary returnof about 3,000 Rwandan refugees.

Death penaltyDespite the government’s commitment to abolishingthe death penalty, expressed to the UN Commission onHuman Rights in March 2005, there were no significantmovements in that direction in 2006. Death sentencescontinued to be imposed; however, no executions havebeen carried out since 1986.

AI country reports/visitsStatement• Kenya: A Joint Appeal to African Ministers on urban

housing (AI Index: AFR 32/002/2006)VisitAn AI delegation visited Kenya in September/October.

KOREA(DEMOCRATIC PEOPLE’S REPUBLIC OF)

DEMOCRATIC PEOPLE’S REPUBLIC OF KOREAHead of state: Kim Jong-ilHead of government: Pak Pong-juDeath penalty: retentionistInternational Criminal Court: not ratified

Systemic violations of human rights, including therights to life and to food, continued. The rights tofreedom of movement, expression and associationwere severely curtailed. Access by independentmonitors continued to be restricted. There were manyreports of enforced disappearances among familiesof North Koreans who left the country or wereforcibly returned. Despite some changes in thecriminal law, the political and sometimes arbitraryuse of imprisonment, torture and capital punishmentcontinued.

BackgroundIn July the Democratic People’s Republic of Korea(North Korea) conducted missile tests followed by anunprecedented nuclear test in October.

Following the missile tests, the UN Security Counciladopted Resolution 1695 voicing disapproval. After thenuclear test, in October, the Security Councilunanimously adopted Resolution 1718 demanding thatNorth Korea eliminate all its nuclear weapons andimposing weapons and financial sanctions. Bothresolutions called on North Korea to returnunconditionally to the stalled six-party talks on itsnuclear programme. Resolution 1718 invoked ChapterVII of the UN Charter, which sets out the SecurityCouncil’s powers to maintain peace, but stopped shortof the threat of force if North Korea did not comply. InDecember, six-nation talks (involving North Korea,South Korea, Japan, the USA, Russia and China) onresolving the North Korean nuclear crisis resumed inBeijing after 13 months, but ended in stalemate.

In November, the Third Committee of the UN GeneralAssembly adopted its second resolution condemningNorth Korea’s record on human rights.

Severe floods left several thousand people killed ormissing in July and October.

Worsening food crisisThe UN Special Rapporteur on the right to foodannounced in October that 12 per cent of the populationsuffered from severe hunger. Agricultural output wasexpected to be substantially lower than the previousyear following the floods.

In May, the World Food Programme (WFP) wasreported to be implementing a two-year plan requiring150,000 metric tons of grain for 1.9 million North Koreans“most in need – especially women and children”. As ofOctober, the WFP had reportedly received only 8 percent of the US$102 million required.


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North Koreans in AsiaApproximately 100,000 North Koreans were reportedlyhiding in China, living in constant fear of deportation.An estimated 150-300 North Koreans were forciblyrepatriated from China every week. Most North Koreanwomen in China reportedly faced abuses, includingsystematic rape and prostitution.

There were mass arrests of 175 North Koreans inBangkok, Thailand, in August, followed by the arrests of86 in October and a further 50 in November. Over 500North Koreans were reportedly detained by Thaiauthorities. Nearly 10,000 North Koreans werereportedly settled in South Korea.

Enforced disappearancesHundreds of North Koreans forcibly returned fromChina were unaccounted for. Several families of NorthKoreans who left the country without permissiondisappeared. They were believed to be victims ofenforced disappearance, as the North Koreanauthorities punished whole families for beingassociated with someone deemed hostile to the regime(“guilt-by-assocation”).b Lee Kwang-soo arrived in South Korea by boat inMarch with his wife, two children and a friend. InAugust he discovered that 19 members of his and hisfriend’s families in North Korea had gone missingbetween March and early August 2006.

North Koreans settled in South Korea have beenabducted from the China border by North Koreansecurity forces. The North Korean authorities have alsoabducted nationals of other countries, including SouthKorea, Japan, Thailand and Lebanon.

Denial of accessDespite repeated requests, the government continuedto deny access to independent human rights monitors,including the UN Special Rapporteur on the situation ofhuman rights in the Democratic People’s Republic ofKorea (DPRK) and the UN Special Rapporteur on theright to food.

The UN relief agencies were reportedly permitted tovisit only 29 of the 213 regions. Following governmentdemands to reduce its staff, the WFP cut itsinternational staff from 46 to 10 and reduced thenumber of monitoring visits. Five of the WFP’s regionaloffices, from which its inspectors monitoreddistribution of food aid, were closed. These reductionsincreased concerns about lack of transparency in foodaid distribution.

Freedom of expressionOpposition of any kind was not tolerated. Any person who expressed an opinion contrary to theposition of the ruling Korean Workers’ Partyreportedly faced severe punishment and so did theirfamilies in many cases. The domestic news mediacontinued to be strictly censored and access tointernational media broadcasts remained severelyrestricted. In October, the NGO Reporters SansFrontieres listed North Korea as the worst violator ofpress freedom.

Any unauthorized assembly or association wasregarded as a “collective disturbance”, liable topunishment. Religious freedom, although guaranteedby the Constitution, was in practice sharply curtailed.People involved in public and private religiousactivities faced imprisonment, torture and execution.

Death penaltyExecutions were by hanging or firing-squad. There werereports of executions of political opponents in politicalprisons and of people charged with economic crimes,such as stealing food. b Son Jong-nam was reportedly sentenced to beexecuted on charges of betraying his country, sharinginformation with South Korea and receiving financialassistance from his brother, a North Korean settled inSouth Korea since 2002. In April 2006, according to UNsources, he was imprisoned in the basement of theNational Security Agency in Pyongyang and was“practically dead” as a result of torture. Son Jong-namhad left North Korea in 1997 with his wife, son andbrother and had become a Christian – deemed to be aserious crime in North Korea. He was forcibly returnedby Chinese authorities to North Korea in 2001 andimprisoned for three years in the Hamgyung-buk doprison camp. He was released in May 2004 and met hisbrother in China before returning to North Korea. TheNorth Korean authorities learned that he had met hisbrother and arrested him in January 2006. He wasbelieved to be alive at the end of 2006.

Prison conditionsPrisoners, particularly political prisoners, reportedlysuffered appalling conditions, in a wide range ofdetention centres and prisons.

North Koreans forcibly returned from China facedtorture or ill-treatment and up to three years’imprisonment. Their punishments depended on theirage, gender and experiences. Women and childrenwere generally sentenced to two weeks in a detentioncentre, although longer sentences of several months inlabour camps were also common. The consequences ofrepatriation were reportedly most severe for pregnantwomen, who suffered forced abortions in poor medicalconditions. People who confessed to meeting SouthKoreans or missionaries were punished particularlyharshly. Summary executions and long sentences ofhard labour were still enforced, although theauthorities often released prisoners close to death,who died shortly after their release.


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KOREA(REPUBLIC OF)

REPUBLIC OF KOREAHead of state: Roh Moo-hyunHead of government: Han Myeong-sook (replaced HanDuck-soo in April, who replaced Lee Hae-chan in March)Death penalty: retentionistInternational Criminal Court: ratified

A draft bill to abolish the death penalty wasdiscussed by the National Assembly for the first time,but no progress was made towards a final vote. Morethan two years after a law to regulate theemployment of migrants was enacted, migrantworkers continued to have limited protection againstdiscrimination or abuse, including few possibilities ofobtaining redress. In August, at least 189,000irregular migrant workers faced detention anddeportation. At least one prisoner of conscience wasstill imprisoned under the National Security Law. Atleast 936 conscientious objectors were in prison forrefusing to do military service.

BackgroundFood aid to North Korea, suspended following a missiletest in July, was resumed after floods in August.However, following a nuclear test by North Korea inOctober, food aid was again halted.

In an unprecedented move, South Korea supported aresolution on human rights in North Korea passed bythe UN General Assembly in November. ForeignMinister Ban Ki-moon was appointed as UN Secretary-General, to take up the post in January 2007.

Death penaltyThere were no executions. At least two prisoners weresentenced to death. At least 63 prisoners were undersentence of death at the end of 2006.

A bill to abolish the death penalty was discussed by aNational Assembly committee in February and before apublic hearing in April. However, it was not put before theNational Assembly as the committee did not vote on it.

In February, the Ministry of Justice announced that itwas conducting in-depth research into the deathpenalty in response to public pressure for abolition.However, the findings had not been made public by theend of 2006.

Abuses against migrant workersIn August official figures recorded some 360,000migrant workers, who included at least 189,000irregular migrant workers. The 2003 Act Concerning theEmployment Permit for Migrant Workers failed toprovide adequate safeguards against discriminationand abuse. Many migrant workers continued to be atrisk of verbal and physical abuse in the workplace,subjected to racial discrimination and not paidregularly. Most received less pay than Korean workers

for the same work, did not receive severance pay, wereexposed to poor working conditions, and remained atincreased risk of industrial accidents.

A National Human Rights Commission of Korea studyreported in January that 20 per cent of detainedmigrant workers were beaten and nearly 40 per centverbally abused. More than one-third alleged beingstripped naked and searched, and 5.2 per cent allegedbeing subjected to sexual abuse by immigration officersduring body searches following arrest. Some 15 per centreportedly suffered injuries. Women, who constituteroughly one-third of all migrant workers in Korea, wereparticularly vulnerable to exploitation, includingsexual violence. Some arrests were carried out withoutappropriate documentation, such as arrest warrants ordetention order papers.

Conscientious objectorsAt least 936 conscientious objectors, mostly Jehovah’sWitnesses, were in prison following convictions in 2005and 2006 for refusing compulsory military service.b 20-year-old Ahn Jae-kwang was detained inJanuary, the first conscientious objector to be detainedsince the National Human Rights Commissionrecognized the right of conscientious objection andrecommended a system of alternative service inDecember 2005. The Seoul West District Court issued anarrest warrant on the grounds that pre-trial detentionfor offences punishable by imprisonment was thenorm, even though the criminal procedure lawprovided for pre-trial imprisonment only where therewas a possibility of destruction of evidence or flight bythe suspect.

In April the Ministry of National Defence announcedthe establishment of a policy group to consideralternative civilian service.

National Security LawThe government did not amend or repeal the 1948National Security Law.b Cheon Wook-yong remained in prison under theNational Security Law. Arrested in November 2004 onhis return to South Korea, he was sentenced to threeand a half years in prison for allegedly releasingnational secrets and assisting an anti-governmentorganization. Cheon Wook-yong had visited NorthKorea, crossing from China in August 2004. He wascaptured and interrogated by the North KoreanDefence Department. He was then sent back to Chinawhere he was detained for 13 days on suspicion of illegalborder transgression. He was arrested and detainedunder vaguely worded articles of the National SecurityLaw that allowed his conviction despite a lack ofevidence that he had threatened national security.

EvictionsIn February residents of Daechuri village in Pyongtaek,Gyeonggi Province, mostly farmers aged in their 60s and70s, started resisting evictions aimed at expanding a USarmy base. They said that money offered was insufficientto buy equivalent land elsewhere or compensate for lossof livelihoods. Thousands of security personnel and


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hundreds of private contractors destroyed farmers’houses. Farmers and activists were injured in protests,and some were briefly detained. The security forcesimposed severe restrictions on the movement of some 40families still living in Pyongtaek. A consultation carriedout before the eviction reportedly was a sham and didnot reflect the farmers’ concerns.b Kim Ji-tae, a farmers’ leader, was sentenced to twoyears’ imprisonment in November after beingconvicted on a charge of obstructing public officialsengaged in performing their duties. AI considered him aprisoner of conscience, convicted for protestingpeacefully and in order to curtail farmers’ rights toprotest and protect their livelihood. He was releasedpending appeal.

AI country reports/visitsReports• South Korea: Key arguments against use of the death

penalty (AI Index: ASA 25/005/2006)• South Korea: “Migrant workers are also human

beings” (AI Index: ASA 25/007/2006)VisitsAI delegates visited South Korea in February, Augustand December.

KUWAITSTATE OF KUWAITHead of state: al-Shaikh Sabah al-Ahmad al-Sabah(replaced Shaikh Saad al-Abdullah al-Sabah in January,who replaced al-Shaikh Jaber al-Ahmad al-Sabah earlierin January)Head of government: al-Shaikh Nasser Mohammad al-Ahmad al-Sabah (replaced al-Shaikh Sabah al-Ahmad al-Sabah in February)Death penalty: retentionistInternational Criminal Court: signed

Women participated in National Assembly electionsfor the first time. Five former Guantánamo Baydetainees were acquitted and other “securitydetainees” began appeals against their convictions.Migrant workers faced a wide range of abuses. Atleast 10 people were executed for murder and drugsmuggling. At least six others were under sentence ofdeath. There were reports of torture and ill-treatmentin detention.

BackgroundThe Emir dissolved the National Assembly in Mayfollowing a dispute by parliamentarians over electoral

reform. Parliamentary elections, scheduled for 2007,were held in June. A majority of elected seats were wonby opposition MPs, and in July the Assembly approvedan electoral reform bill designed to reduce electoralcorruption and reduce the number of constituenciesfrom 25 to five.

Women’s rightsThe parliamentary elections allowed women toexercise their newly acquired political rights innational elections for the first time. Earlier in the year,a municipal council by-election saw women in Salmiyadistrict participating in a local election for the firsttime.

‘War on terror’In September, two Kuwaiti nationals, Abdullah Kamelal-Kandari and Omar Rajab Amin, were returned toKuwait from US detention in Guantánamo Bay, Cuba,and were believed to be detained pending trial onterrorism-related charges.

In May, the Criminal Court acquitted five Kuwaitinationals, Abdulaziz al-Shimmari, Adel al-Zamel,Mohammad al-Deehani, Saad al-Azmi and Abdullah al-Ajmi, who had been returned from Guantánamo Bay inNovember 2005, of the charges of “belonging to al-Qa’ida” and “committing an act of aggression against afriendly foreign nation, thus endangering Kuwait’sforeign relations”. During the trial the men protestedtheir innocence, and said that they had confessedunder torture by US interrogators in Guantánamo Bayto being members of al-Qa’ida and the Taleban.

In December, the Court of Cassation quashedformer Guantánamo Bay detainee Nasser Najd al-Mutairi’s five-year prison sentence for belonging toal-Qa’ida, seeking to take up arms against a friendlystate and possessing weapons. He had been acquittedof the charges by a lower court in June 2005, but the Appeals Court overturned the verdict in November 2005.

In September, the Appeals Court reopened the trialof some 28 of 37 individuals who had been tried theprevious year on terrorism-related charges, includingmembership of the Peninsula Lions Brigade, a groupallegedly linked to al-Qa’ida. In November, the deathsentences against four defendants were upheld, andthe death sentences that had been imposed on twoothers were commuted to life imprisonment.

Migrant workersThere were new reports of abuses against migrantworkers. In May the authorities opened aninvestigation into a complaint filed by the IndianEmbassy which alleged that 60 Indian nationals hadfaced abuses by an unidentified company, includingnon-payment of salaries, forced overtime without pay,and denial of medical facilities.

In July, a new law intended to curtail abuses againstdomestic migrant workers came into effect, requiringcontracts stipulating working conditions for domesticworkers to be signed by the government’s domesticlabour office, the sponsor and the worker.


KYR

Freedom of expression and associationIn May, the 15 founders of the Ummah Party wereacquitted of breaching laws on the press and publicgatherings. One individual was fined for “circulatingpublications without prior authorization”.

In May, the Constitutional Court revoked restrictionsin force since 1979 on public gatherings.

In March, a new press law gave power to license andsuspend publications to the courts. It failed to repealprovisions that allowed for the imprisonment ofjournalists.

KYRGYZSTANKYRGYZ REPUBLICHead of state: Kurmanbek BakievHead of government: Feliks KulovDeath penalty: abolitionist in practiceInternational Criminal Court: signed

Five Uzbekistani men were forcibly returned toUzbekistan. The Uzbekistani security forcescontinued to pursue refugees and asylum-seekers inKyrgyzstan, in some cases in joint counter-terrorismoperations with the authorities in Kyrgyzstan. Atleast five Uzbekistani asylum-seekers werereportedly subjected to enforced disappearance.Widespread torture and ill-treatment in temporarypolice detention centres was reported. Human rightsactivists were harassed for taking up cases ofviolence against women in police custody.

BackgroundDemonstrators protested at corruption and accusedthe state of collusion with organized crime. EdilBaisalov, leader of a human rights organization andmember of the For Reforms opposition coalition, wasattacked by an unidentified assailant in April, daysafter he had helped organize a demonstrationprotesting at the election of Rysbek Akmatbaev, asuspected criminal leader, to his late brother’sparliamentary seat. Rysbek Akmatbaev was later killedby unidentified gunmen in May.

Following tensions between parliament andgovernment over constitutional reform, protesters at aweek-long For Reforms demonstration in Bishkek inNovember called for the resignation of the Presidentand Prime Minister. A new Constitution drafted by bothsides was adopted by parliament and signed into law inNovember.

Death penaltyThe new Constitution abolished the death penalty.Repeal of death penalty provisions in the criminal codewas still pending at the end of 2006. A 1998 moratoriumon executions was extended.

Deaths in suspicious circumstancesThere were no investigations into the circumstancessurrounding killings by the security forces duringcounter-terrorism operations.b Five people were killed during a July counter-terrorism operation in Jalalabad by the security police(SNB). The SNB alleged they were members of theIslamic Movement of Uzbekistan (IMU) armedopposition group and the Islamic Hizb-ut-Tahrirpolitical party, both banned.b Independent Kyrgyzstani imam MuhammadrafikKamalov from Kara-Suu was shot and killed by securityforces in August. Killed with him were two suspectedIMU members accused of an armed raid on the borderwith Tajikistan in May in which at least a dozen securityofficers and armed men died. In October three menwere sentenced to death for their part in the raid. TheSNB initially accused imam Kamalov of being an IMUmember, and then suggested that he could have beenused as a human shield. His death and burial sparkedpeaceful demonstrations in Kara-Suu.b In September an Uzbekistani national suspected ofbeing an IMU leader was reportedly shot and fatallywounded by SNB officers when he refused to surrender.SNB sources said his wounds were not fatal and that hehad died of heart failure in hospital. The SNB had linkedhim to the May border incident and to the death ofimam Kamalov.

Refugees from Uzbekistan at riskOf more than 500 asylum-seekers who fled Andizhan inUzbekistan in May 2005 when security forces fired onmainly unarmed demonstrators, killing hundreds ofpeople, five were extradited to Uzbekistan, many weredetained, and a number appeared to have beensubjected to enforced disappearance.b In August the authorities extradited four refugeesand one asylum-seeker to Uzbekistan without givingadvance notice to UNHCR, the UN refugee agency. Thefour refugees, detained in Kyrgyzstan since June 2005,had been recognized as refugees by UNHCR, but lostappeals against the Kyrgyzstani authorities’ decisionnot to recognize their refugee status in June.Uzbekistani asylum-seeker Faez Tadzhikalilov,detained since September 2005, was still awaiting theoutcome of a government review of his asylumapplication when he was extradited. In Uzbekistan,the five were reportedly held incommunicado andcharged in November with the murder in May 2005 ofthe Andizhan city prosecutor.

Uzbekistani nationals in hiding in Kyrgyzstan werereportedly among hundreds of people arbitrarilydetained by Kyrgyzstani and Uzbekistani security forces.b Gulmira Maksudova was arrested in July andcharged with terrorism and counterfeitingdocuments. She is a daughter of Akram Yuldashev, the


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alleged leader of the Akramia opposition groupimprisoned since 1998, who has been accused ofmasterminding the Andizhan events from prison. InSeptember, Osh regional court acquitted her andordered her release after it found no evidence ofterrorism.

In August, UNHCR and human rights organizationsexpressed concern at the apparent enforceddisappearance of Uzbekistani refugees and asylum-seekers in south Kyrgyzstan. At least two weresubsequently reported to be in pre-trial detention inAndizhan in Uzbekistan.b UNHCR said Kyrgyzstani officials had failed torespond to inquiries about the enforced disappearanceof at least five named Uzbekistani refugees, amongthem a secular democratic opposition activistreportedly abducted in July by Uzbekistani securityservices. Because the safety of the refugees could notbe guaranteed in Osh, UNHCR moved all registeredrefugees to Bishkek with a view to resettling thempermanently in a third country.

Excessive force and tortureIn August special troops were sent in to a temporarydetention facility in Jalalabad after riots reportedlybroke out following a violent altercation between aninmate and a guard. Officials subsequently admittedthat officers had kicked, punched and beaten detaineeswith batons. Detainees told human rights activists thatthey had been beaten by up to seven officers whilehandcuffed and made to wear gas masks with the airsupply turned off. They said beatings and torture wereroutine in the severely overcrowded facility, and thatthey had no bedding, sanitation or exercise andinadequate ventilation. No officers responsible fortorture or other ill-treatment were brought to justice.b According to detainees, in July a senior official atthe facility severely beat a female detainee with mentalproblems to force her to reveal her husband’swhereabouts. Her husband, a suspected IMU member,gave himself up to prevent further ill-treatment of hiswife. Reportedly, the woman subsequently had amiscarriage, and was transferred to a psychiatrichospital.

In June, two human rights organizations,Spravedlivost (Justice) and Vozdukh (Breath of Air),complained of harassment by regional lawenforcement officers after they took up the cases oftwo women allegedly tortured in police custody.b In January a pregnant witness in a theft case wasreportedly hit and threatened and called a prostitutewhile being questioned by a Department of InternalAffairs officer. The woman was subsequentlyhospitalized for 10 days for a threatened miscarriage.She complained to the regional prosecutor’s office, butno action was taken. When Spravedlivost publicizedher allegations in February, the officer filed a criminalsuit for defamation against both. The defamation trial,which started in June, was postponed when the witnessbecame ill. She had been insulted and threatened incourt by the officer’s supporters. The trial resumed inNovember.

b In June, Internal Affairs officers reportedly beat awoman arrested at her home in Bazar-Kurgan. Herfamily were denied access to her in detention. Detainedtwice before, in 2003 and 2005, she had previouslyalleged torture, including repeated rape, in custody.Azimzhan Askarov, an activist with the Vozdukh humanrights organization which took up her case, wasreportedly threatened with criminal defamationcharges by an officer accused by the woman of beatingher and inserting needles under her fingernails in 2005.The district prosecutor said that Azimzhan Askarov’sarticles incited social, racial or ethnic hatred and thathis office would in future censor them beforepublication. In July the woman was sentenced to fiveyears in prison for theft, subsequently suspended onappeal. She and her family were reported to be underpressure from Internal Affairs officers to withdraw thetorture allegations. An appeal to the Supreme Courtwas pending at the end of 2006.




VisitAI delegates visited Kyrgyzstan in November.


LAO

LAOSLAO PEOPLE’S DEMOCRATIC REPUBLICHead of state: President Choummaly Sayasone (replacedKhamtay Siphandone in June)Head of government: Bouasone Bouphavanh (replacedBounyang Vorachit in June)Death penalty: retentionistInternational Criminal Court: not ratified

Continued restrictions on freedom of expression andassociation were a source of concern. Lack of accessby independent human rights monitors hampered anexact appraisal of the situation. At least two peoplewere sentenced to death; no one was known to havebeen executed. The situation for groups of ethnicHmong hiding in the jungle remained grave and ledto a steady stream of people taking refuge inneighbouring Thailand.

BackgroundIn March the Eighth Congress of the Lao People’sRevolutionary Party (LPRP) adopted the new five-yearSocio-Economic Development Plan for 2006-2010,outlining the government’s policy direction.Choummaly Sayasone was elected as new partyleader. In June he was formally appointed Presidentand Bouasone Bouphavanh became the new PrimeMinister.

The government’s controversial resettlementpolicy continued, ostensibly to reduce poverty.People in the rural highlands, largely ethnicminorities, were moved to more accessible areas in orcloser to the lowlands, while their traditional slashand burn cultivation methods were targeted foreradication. The policy, partly implemented by force,threats and intimidation, had devastatingconsequences for certain communities, whoexperienced loss of livelihoods, increased foodinsecurity and health problems.

Criticism surrounding the Nam Theun 2 hydropowerdam continued, as around 600 families living within thefuture dam perimeter were resettled in new villages.The Nam Theun 2 Power Company, as well as the AsianDevelopment Bank, the World Bank and other lendersto the project, described arrangements as satisfactorywhile critics warned that compensation to thoseaffected was erratic and insufficient.

In February, the government declared Laos free ofopium poppies after a six-year eradication campaign.Although the statement was welcomed by theinternational community, caution was raised over therisk of increased poverty for former opium farmersunless they were sufficiently supported to developalternative sources of income.

The government failed to ratify the InternationalCovenants on Civil and Political Rights and onEconomic, Social and Cultural Rights, both of whichwere signed in December 2000.

Hmong in hidingGroups of ethnic Hmong living in jungle areascontinued to be at risk of attacks, hardship and disease.These were remnants of an anti-communist resistancefrom the 1960s and were living in extreme povertywhile hiding from the authorities, particularly themilitary.

Throughout the year violent onslaughts werereported from the provinces of Bolikhamsai, LuangPrabang, Vientiane and Xieng Khouang as governmenttroops intensified operations.b On 6 April, government troops launched an attackagainst a Hmong group foraging for food some 20kilometres from the tourist town of Vang Vieng, killingat least 26 people, mostly women and children.Government authorities denied the attack.

Hundreds of people hiding in the same area emergedfrom the jungle in late October seeking to reintegrateinto mainstream society. A small group fled toneighbouring Thailand to seek protection againstalleged persecution. Their fate was unknown.

In August, the government publicly conceded forthe first time in many years that there was a refugeeflow of ethnic Hmong Laotians into Thailand, wheresome 7,000 Lao Hmong lived in an informal refugeecamp in Phetchabun province. Some 400 recognizedrefugees and asylum-seekers, including children,were arrested and detained under Thai migrationlegislation, and were at risk of deportation. InNovember a group of 53 was forcibly returned fromThailand to Laos.b A group of 27 Hmong, including 22 children, whowere forcibly returned to Laos from Thailand inDecember 2005, remained in incommunicado detentionat the end of the year. There was no officialconfirmation of their whereabouts.

Political imprisonmentThe number of political prisoners remained unknownas access to prisons by independent monitors waslimited and there was no source of independentinformation about prisoners in general. Prisonconditions were commonly reported to be harsh.b Thao Moua and Pa Fue Khang, ethnic Hmong menwho assisted two European journalists attempting aclandestine visit to Hmong groups in hiding in 2003,remained imprisoned. The two men, who had acted asguides and porters, were sentenced to prison terms of12 and 15 years in June 2003 for obstructing justice andpossession of weapons and drugs after an unfair trial.

Four prisoners of conscience remained in Samkheprison. They included Thongpaseuth Keuakoun andSeng-aloun Phengphanh, members of the Lao Students’Movement for Democracy who were arrested inOctober 1999 after attempting to hold a peacefuldemonstration in Vientiane.

Death penaltyLaos retained the death penalty for a wide range ofoffences and sentenced at least two people to death,both for drugs-related offences. There were no reportsof executions.


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AI country reports/visitsReports• Laos: Massacre of unarmed Hmong women and

children (AI Index: ASA 26/002/2006)• Laos: Fear for safety/torture/ill-treatment/arbitrary

detention (AI Index: ASA 26/005/2006)

LATVIAREPUBLIC OF LATVIAHead of state: Vaira Vike-FreibergaHead of government: Aigars KalvïtisDeath penalty: abolitionist for ordinary crimesInternational Criminal Court: ratified

Lesbian, gay, bisexual and transgender (LGBT) peoplecontinued to face discrimination. A Gay Pride marchin the capital Riga was banned on security groundsfollowing alleged threats against the marchers.Citizenship requirements were made stricter.

StatelessnessMore than 400,000 people continued to live in Latviawithout citizenship. The vast majority were citizens ofthe former Soviet Union who were living in Latvia at thetime of the break-up of the Soviet Union. In order toobtain citizenship, non-citizens must pass a number oftests, for example on the Latvian Constitution andlanguage. On 8 August, the Latvian parliamentintroduced amendments to existing citizenship lawswhich stipulate that those who fail the Latvian languageexam three times are no longer eligible for citizenship.The amendments also extended the time applicantsmust wait to resubmit their citizenship applicationsfrom three to six months. Statelessness implies, amongother things, restrictions to trans-border movementand restrictions on political rights.

In June, the Latvian Parliament rejected anamendment to the law which would have easedrequirements on non-citizens wanting to obtain theEuropean Union (EU) Long-Term Resident status.Current regulations require non-citizens todemonstrate Latvian language skills and to havepermanent residence permits in order to be eligible forEU Long-Term Resident status.

European Court of Human RightsIn June, the European Court of Human Rights concludedthat Latvia had violated Natella Kaftailova’s rights torespect for private and family life. Natella Kaftailova,who is of Georgian origin, had lived in Latvia since 1984and became stateless after the break-up of the SovietUnion in 1991. She failed to apply for permanent

resident status in Latvia by the final deadline of August1992 and in January 1995 she was served with adeportation order, asking her and her then 10-year-olddaughter to leave the country. The Court concludedthat during her time in Latvia, Natella Kaftailova hadformed and developed personal, social and economicrelationships, which constituted the private life of anyhuman being. It also found that the Latvian authorities’refusal to grant her the right to reside lawfully andpermanently in Latvia represented an interference withher private life which could not be considered“necessary in a democratic society”.

Minority rightsOn 17 November, the Parliamentary Assembly of theCouncil of Europe (PACE) issued a resolution onnational minorities in Latvia. PACE invited the Latvianauthorities to review the existing difference in rightsbetween citizens and non-citizens with a view toabolishing those that are not justified or strictlynecessary. PACE also invited the Latvian authorities toamend legislation so as to make it possible to use theminority language in relations between nationalminorities and the administrative authorities in areaswhere they live in substantial numbers, as well as toimplement the Framework Convention for theProtection of National Minorities in good faith and toconsider withdrawing the two declarations recorded inthe instrument of ratification.

Lesbian, gay, bisexual and transgender rightsOn 19 July, Riga City Council banned the Riga Pride 2006march because of alleged threats of violence againstparticipants. Three days later, people attending achurch service held in support of Riga Pride 2006 wereattacked by a large group of people who threw eggs andexcrement at them. Seven people were eventuallysentenced to pay small fines for taking part in theattacks.

A Member of the European Parliament and membersof national parliaments from around Europe wereamong those attacked by a group of up to 100 people asthey tried to leave a press conference organized by RigaPride 2006 at a hotel in central Riga in July. Theorganizers had requested police protection well inadvance. Despite this, no significant police presencematerialized until several hours after the start of theattack.

In September, following international pressure,including from other EU member states, Parliamentpassed an amendment to the Latvian Labour Law whichexplicitly bans discrimination on the grounds of sexualorientation.

AI country visits/reportsReport• Poland and Latvia: Lesbian, gay, bisexual and

transgender rights in Poland and Latvia (AI Index:EUR 01/019/2006)


LEB

LEBANONLEBANESE REPUBLICHead of state: Emile LahoudHead of government: Fouad SinioraDeath penalty: retentionistInternational Criminal Court: not ratified

In a 34-day war in July-August between Hizbullahand Israel, about 1,200 Lebanese people werekilled, hundreds of them children, and around onemillion were displaced by Israeli attacks. Theattacks also destroyed tens of thousands of homesand much civilian infrastructure in Lebanon. Atleast 20 people were killed and scores injured byIsraeli cluster munitions that remained after theconflict. Hizbullah launched missiles into Israel,causing the deaths of 43 civilians and damaginghundreds of buildings. The UN inquiry into theassassination of former Prime Minister Rafiq al-Hariri continued. Palestinian refugees resident inLebanon continued to face restrictions, includingon access to housing and work, and rights at work.The law continued to discriminate against womenand failed to afford them adequate protectionagainst violence.

BackgroundOn 12 July, Hizbullah’s military wing (Islamic Resistance)attacked an Israeli patrol inside Israel, killing threeIsraeli soldiers and capturing two others. A majormilitary confrontation ensued between Israeli andHizbullah forces. The Lebanese government said that ithad no advance warning of the attack by Hizbullah thattriggered the conflict, did not condone it and sought aceasefire from the outset.

Hostilities ended on 14 August, following UN SecurityCouncil Resolution 1701, which imposed a ceasefire andenlarged the role of the UN Interim Force in Lebanon(UNIFIL). On 17 August the Lebanese army moved intosouth Lebanon.

Internal tensions sharpened after the conflict. InNovember, six government ministers, including allfive representatives of the Shi’a community, resignedfrom the cabinet provoking a political crisis. On 21November, Industry Minister Pierre Gemayel of theKataeb (Phalange) Party was killed by unknownassassins. The UN Security Council agreed to a requestfrom Prime Minister Fouad Siniora that the UNInternational Independent Investigation Commission(UNIIIC) would include the killing among the attackscommitted since October 2004 in relation to which itwas providing technical assistance to aid theinvestigations being carried out by the Lebaneseauthorities. Throughout December, thousands ofsupporters of Hizbullah, the Free Patriotic Movement(FPM) and allied political parties mounted continuousmass and largely peaceful protests in Beirut calling fora greater role in government.

Hizbullah-Israel warBy the time of the ceasefire on 14 August, Israeli attackshad killed 1,191 people in Lebanon and injured morethan 4,400, the overwhelming majority of themcivilians. One-third of the civilians killed were children.Some 40 Lebanese soldiers were killed in Israeli strikes,even though the Lebanese army did not participate inthe fighting.

Around a million people, a quarter of the country’spopulation, were displaced during the conflict, ofwhom some 200,000 had not been able to return totheir homes by the end of the year.

Much of Lebanon’s civilian infrastructure wasdamaged or destroyed, including tens of thousands ofhomes, Beirut airport, seaports, major roads, bridges,schools, supermarkets, petrol stations and factories.About 50 schools were destroyed and up to 300 damagedby Israeli bombardments. Many of Lebanon’s fishermen,factory workers and agricultural workers lost theirlivelihoods. A large oil spill caused by Israel’s bombing inmid-July of the coastal Jiyye power station presented along-term threat to the marine life of the region.

Up to one million unexploded cluster bombletsremained in south Lebanon after the conflict, posing acontinuing risk to civilians. Some 200 people, includingtens of children, had been killed and injured by thesebomblets and newly laid mines by the end of the year.The task of clearing unexploded ordnance was mademore difficult by the Israeli authorities’ failure toprovide maps of the exact areas targeted by their forceswhen using cluster bombs.b Six-year-old ‘Abbas Yusef Shibli was playing withthree friends near his home in Blida village on 26 Augustwhen one of the children tried to pick up what to himlooked like a perfume bottle. It exploded, rupturing hiscolon and gall bladder, and perforating his lung. Histhree friends were also injured.

Hizbullah fighters reportedly fired nearly 4,000rockets, some of them armed with ball-bearings, intonorthern Israel, including into populated areas. Therockets could not be targeted sufficiently accurately todistinguish between military and civilian targets. Therockets caused the deaths of 43 civilians, forcedthousands of civilians in northern Israel to be displacedfrom their homes or to spend long periods in bombshelters, and damaged buildings. There were alsoclashes across south Lebanon between Israeli troopsand Hizbullah combatants.

Hizbullah did not disclose the fate or condition of thetwo Israeli soldiers it had captured, while at least sixLebanese nationals, most of them known or suspectedHizbullah fighters, remained detained in Israeli prisonsat the end of the year. Indirect negotiations for aprisoner exchange were reportedly ongoing betweenthe two sides. Israel suspended access by theInternational Committee of the Red Cross (ICRC) to theprisoners it held after Hizbullah refused to grant suchaccess to the two Israeli soldiers.

Both Hizbullah and Israel committed seriousviolations of international humanitarian law, includingwar crimes. Hizbullah’s rocket attacks on northernIsrael amounted to deliberate attacks on civilians and


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civilian objects, as well as indiscriminate attacks. Itsattacks also violated other rules of internationalhumanitarian law, including the prohibition on reprisalattacks on the civilian population

Rafiq al-Hariri investigationIn September, the UNIIIC submitted its fifth interimreport on its investigation into the killing of formerPrime Minister Rafiq al-Hariri and 22 others in 2005. On13 November the Cabinet approved a UN draft for aninternational tribunal to try those suspected ofinvolvement in the killings, but it was unclear whetherthe absence of the six ministers who resignedinvalidated the vote. The decision also requiredratification by Parliament and the President.

Enforced disappearancesDespite campaigning by families and non-governmental organizations, the fate of thousands ofLebanese and other nationals who became victims ofenforced disappearance between 1975 and 1990remained unknown.

The identities were confirmed of 15 Lebanesesoldiers, whose bodies were among 20 exhumed inBeirut in November 2005. In May, Lebanese Forcesleader Samir Gea’gea’ said that four Iranians who werekidnapped by his militia in 1982 were killed soon aftertheir seizure. The State Prosecutor stated in June thatsome 44 bodies exhumed in ‘Anjar in December 2005dated from before the 1950s. The body of Frenchnational Michel Seurat who was kidnapped in 1985 wasreturned to his family in March after reportedly beingfound during construction work.

Political arrestsOn 5 February, there were violent protests at the DanishEmbassy in Beirut against the publication in a Danishnewspaper of cartoons that offended many Muslims.The Embassy was set alight and at least one person diedin the violence. More than 400 people were arrested,including 42 Syrian nationals who were reportedly notpresent at the protests. The 42 were detained in BarbarKhazen prison in west Beirut, under the control of theInternal Security Forces (ISF). They were held there forfive days and denied access to legal counsel. At leasttwo were beaten by ISF interrogators in an apparentattempt to force “confessions” about their involvementin the protests. On 10 February, they were taken beforethe military court in Beirut, which ordered theirrelease.

On 11-12 February, more than 200 other peoplearrested in connection with the 5 February protestswere reportedly brought before the same court, whoseprocedures fall short of international standards for fairtrials. The outcome of the hearings was not made public.

Torture and other ill-treatmentTorture and other ill-treatment in custody continued tobe reported.b Thirteen people arrested between 30 December2005 and 4 January 2006 on security charges werereported to have been tortured or otherwise ill-treated

while detained at the Information Branch of theInternal Security Department and in a special section ofRumieh prison. Alleged methods included beatings withsticks and metal bars, sleep deprivation and threats ofdeath and rape. A number of the men reportedly“confessed” as a result of torture and duress. Three ofthe men were released in September.

The authorities continued to refuse to allow the ICRCunfettered access to all prisons, especially thoseoperated by the Ministry of Defence where civilians areheld. This was despite a presidential decree in 2002granting the ICRC such access.

Human rights groups criticized a memorandum ofunderstanding signed in late 2005 by the UK andLebanon in which the Lebanese authorities providedassurances that terrorism suspects returned to Lebanonfrom the UK would not be treated inhumanely ortortured. The groups argued that such memorandumsundermine the absolute prohibition of torture.

Palestinian refugeesSeveral hundred thousand Palestinian refugees living inLebanon continued to face wide-ranging restrictions onaccess to housing, work and rights at work. A lawregulating property ownership bans Palestinian refugeesfrom owning property, and the Lebanese authoritiesprohibit the expansion or renovation of refugee camps.

In June, the UN Committee on the Rights of the Childcriticized persistent discrimination faced by Palestinianchildren in Lebanon. The Committee expressed concernabout the harsh social and economic living conditionsof Palestinian refugee children in refugee camps andtheir limited access to public services, including socialand health services and education.

Discrimination and violence against womenWomen continued to face widespread discrimination inpublic and private life. Neither the legal system nor thepolicies and practices of the state provided adequateprotection from violence in the family. Discriminatorypractices were permitted under personal status laws,nationality laws, and laws in the Penal Code relating toviolence in the family.

Human rights defendersIn general, human rights groups operated freely butsome human rights defenders were harassed by theauthorities.b Muhamad Mugraby, a lawyer and human rightsdefender, was tried on charges of “slander of themilitary establishment” for criticizing Lebanon’smilitary court system to members of the EuropeanParliament in 2003. In April, the Military Court ofCassation dropped the charges and ruled that thePermanent Military Court, which had convicted him,did not have jurisdiction in such a case.

AI country reports /visitsReports• Lebanon: Limitations on Rights of Palestinian

Refugee Children, Briefing to the Committee on theRights of the Child (AI Index: MDE 18/004/2006)


LIB

• Israel/Lebanon: Deliberate destruction or “collateraldamage” – Israeli attacks on civilian infrastructure(AI Index: MDE 18/007/2006)

• Israel/Lebanon: Under fire – Hizbullah’s attacks onnorthern Israel (AI Index: MDE 02/025/2006)

• Israel/Lebanon: Out of all proportion – civilians bearthe brunt of the war (AI Index: MDE 02/033/2006)

• Israel/Lebanon: Israel and Hizbullah must sparecivilians – Obligations under internationalhumanitarian law of the parties to the conflict inIsrael and Lebanon (AI Index: MDE 15/070/2006)

VisitsAI delegates visited Lebanon in January, March, July,August, September and December. In December, AI’sSecretary General held meetings in Beirut with thePresident, Prime Minister, Speaker of the NationalAssembly and other senior government officials, andvisited victims and survivors of the recent war in areasof south Lebanon. AI also called for investigations andreparations for victims of violations during theHizbullah-Israel war.

LIBERIAREPUBLIC OF LIBERIAHead of state and government: Ellen Johnson-SirleafDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

There were violent incidents over land issues due toethnic tensions in the north of the country asrefugees and internally displaced people returnedhome. Dissatisfied demobilized former combatantscontributed to the violence. Reforms of the policeand army progressed, but the process for the reformof the judiciary was extremely slow. Few steps weretaken to develop a mechanism to prosecute thosesuspected of committing war crimes and crimesagainst humanity during the conflict that ended in2003. Former President Charles Taylor was handedover to Liberia in March and immediately transferredto the Special Court for Sierra Leone to face trial oncharges of war crimes and crimes against humanitycommitted during the armed conflict in Sierra Leone.The Truth and Reconciliation Commission startedoperations in June. Violence against womenremained widespread. There were several incidentsof journalists being harassed by the security forces.

BackgroundOn 16 January Ellen Johnson-Sirleaf, the first womanhead of state in Africa, was inaugurated. All politicalappointments were concluded by the middle of theyear, with seven women in cabinet positions. Civilsociety organizations expressed concern over someappointments, such as that of Kabineh Ja’neh, formerpolitical leader of the armed group Liberians United forReconciliation and Development (LURD), as anassociate Justice to the Supreme Court.

The new President took a strong stand againstcorruption. An audit of the National TransitionalGovernment of Liberia carried out by the EconomicCommunity Of West African States (ECOWAS) was madepublic in July. Several senior government officials weredismissed after being accused of corruption. TheGovernance Reform Commission drew up an anti-corruption policy paper which largely focussed onaddressing corruption within the government. At leastsix former members of the National TransitionalGovernment of Liberia were arrested and charged withtheft in early December, a move by the governmentwhich was publicly condoned by members of civilsociety.

The government met more than half its targets undera 150-day action plan designed to address some of themost urgent needs of the population. A donors’conference in July demonstrated a commitment tolong-term engagement with Liberia.

The resettlement of 314,095 internally displacedpeople, including 9,732 refugees, which began in March2004, was completed in April, approximately sixmonths earlier than expected.

In September the mandate of the UN Mission inLiberia (UNMIL) was extended to March 2007. UNMILreleased two public reports largely focused on failuresin the administration of justice.

By September close to 39,000 former combatantsstill had not entered reintegration programmes. Therewere plans to incorporate these into projectssponsored by the United Nations DevelopmentProgramme (UNDP) Trust Fund.

The unstable security situation in Côte d’Ivoirecontinued to present a threat to Liberia. There wereconcerns about the possible movement of armed groupsfrom Côte d’Ivoire to Liberia and the recruitment offormer Liberian combatants, including children.

SanctionsIn June the government sent a letter to the UN SecurityCouncil highlighting progress made in meeting thecriteria for lifting sanctions on diamonds and timber.Also in June, the UN Security Council lifted the embargoon timber, but extended the sanctions on diamonds fora further six months with a review after four months.The UN arms embargo was partially lifted.

The Minister of Justice sought to facilitate the passingof legislation to implement UN Security Councilresolutions in Liberian law. Difficulties aroseparticularly in connection with the freezing ofindividuals’ assets, since several members ofparliament were on the asset freeze list. Edwin Snowe,


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who was subject to a travel ban and asset freeze, waselected as Speaker of the House. Isaac Nyanebo, aformer LURD member, became interim SenatePresident. At the end of 2006, four members ofparliament were still on the asset freeze list.

Political violenceThroughout the year demobilized army officers andformer security personnel staged protests, someviolent, expressing dissatisfaction with severance andpension benefits or reintegration packages. There wereseveral violent incidents when former commandersand demobilized soldiers illegally occupied rubberplantations.

Disputes arose over land during resettlement andreintegration.b Violence erupted in May when residents of Gantarioted after rumours that members of the Mandingoethnic group were going to claim land. The governmentresponded by establishing a presidential commission toinvestigate the cause of the violence.

Rubber plantationsEfforts to regain control of rubber plantations occupiedsince the end of the conflict by former rebelcombatants made some progress. A jointGovernment/UNMIL task force on rubber plantationstook over some plantations, including the Guthrierubber plantation on 15 August.

In May UNMIL released a report on the rubberplantations expressing concern about an absence ofstate authority and the rule of law, and about illegalarrests and detentions. UNMIL increased patrollingactivities in five rubber plantations, reducing the numberof reported human rights abuses against civilians.

Reform processArmy restructuring activities began in January with USassistance. Recruitment activities took placethroughout the year and by September approximately500 of 7,000 people who had applied wererecommended for recruitment. In mid-October civilsociety organizations held a forum on security sectorreform to express their concerns.

By September most of the 2,400 Liberian NationalPolice who did not succeed in reaching the secondround of recruitment for the new police force had beenretired and given severance pay.

Despite significant progress in reforming andrestructuring the police, levels of violent crime, oftencommitted by former combatants, remained high. InSeptember the Ministry of Justice publicly called forresidents in Monrovia, the capital, to form vigilantegroups to protect themselves. This call was condemnedby members of civil society who accused thegovernment of abdicating its responsibilities and calledfor the police to be strengthened.

There were efforts to address the many problemsconfronting the justice system, including failure touphold constitutional guarantees, the extrajudicialsettlement of criminal cases and interference by theexecutive. A joint UNMIL/Government of Liberia Rule

of Law Task Force strategy paper laying out a reformagenda for the judiciary was reportedly endorsed bythe President but not made public. During 2006 UNMILassisted in the hiring of prosecutors and public defencestaff, and training of existing staff. Case loadmanagement improved, and public confidence in thejustice sector increased to a certain extent. However,there were numerous reports throughout the year ofviolations of due process.

A Law Reform Commission was proposed to reviewlaws to ensure they meet international standards. AJudicial Inquiry Commission, to set standards for thebehaviour of judges, was also proposed.

Transitional justiceLittle progress was made in setting up an IndependentNational Commission on Human Rights (INCHR),provided for in the Comprehensive Peace Agreementthat ended the conflict. A selection panel to appointcommissioners, nominated by the Chief Justice inconsultation with civil society, started to be appointed.

In February, seven Commissioners were inaugurated tothe Truth and Reconciliation Commission (TRC). After athree-month preparatory period, the TRC started work inJune and in September its work plan was made public.Nearly 200 people were recruited by the end of Septemberto take witness statements, a process which began on 10October. However, public hearings due to take place at theend of the year were delayed. On 23 October supporters offormer President Charles Taylor appealed to the SupremeCourt to stop the TRC from hearing testimony against theformer President, stating that it would prejudice his trial atthe Special Court for Sierra Leone (see below). Concernswere raised about the safety of witnesses, the role of civilsociety in the TRC process, and how the TRC shouldrespond to public concerns.

By the end of 2006, the TRC had receivedapproximately US$2.2 million of the estimated US$14million required.

Charles TaylorOn 17 March President Johnson-Sirleaf made an officialrequest to the Nigerian government for Charles Taylorto be handed over to Liberia. On 25 March the NigerianPresident Olusegun Obasanjo officially agreed to therequest. Charles Taylor temporarily escaped from hisplace of refuge in Nigeria but was later arrested. Hearrived in Liberia on 29 March, where he was arrestedby UNMIL, mandated by UN Security Council Resolution1622, and immediately transferred to the Special Courtfor Sierra Leone.

Despite fears that his arrest would provoke violence,in fact there were overall expressions of relief by theLiberian public. The arrest and transfer of CharlesTaylor was widely seen as an important step inaddressing impunity in West Africa.

Suspected war criminalsFormer associates of Charles Taylor were arrested inJanuary and February but later released.b The trial of Dutch national Gus van Kowenhoven, aformer associate of Charles Taylor, ended in June. He


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was convicted of arms trading and sentenced to eightyears’ imprisonment. However, he was acquitted oncharges of war crimes.b Roy Belfast Jr, also known as CharlesTaylor Jr, sonof Charles Taylor, was arrested in the USA in March forpassport fraud. He pleaded guilty to the charge. On 6December, while he was awaiting sentencing, the USFederal Grand Jury indicted him for torture andconspiracy to commit torture, allegedly committedwhile he was head of the Anti-Terrorist Unit. He wasthe first person to be charged under the anti-torturestatute in the USA since the law was enacted in 1994.

Women’s rightsRape of women and girls continued throughout 2006.Despite the passing of a new law on rape in December2005, there were repeated failures to implement it.Rape suspects were regularly released on bail. Manyrape cases were settled extrajudicially. Concerns thatrape cases were not given priority in the courts wererepeatedly highlighted by UN and women’s rightsgroups. There was only one successful prosecution forrape during 2006.

UNMIL facilitated a one-week visit to Liberia by the UNCommittee on the Elimination of Discrimination againstWomen to assist the government in meeting its reportingobligations under the UN Women’s Convention.

Press freedomOn many occasions throughout the year, governmentofficials, including the President, raised concernsabout irresponsible press reporting. Journalists were repeatedly harassed by the Special SecurityServices (SSS).b In April journalists from two independentnewspapers, the Inquirer and the Informer, wereassaulted by police while covering clashes betweenpolice and street vendors in Monrovia.b In May George Watkins, a reporter with RadioVeritas, was assaulted by SSS agents, allegedly forreporting that the SSS had recruited a former rebelcommander.b In June SSS agents harassed and briefly detainedfour local journalists at the executive mansion, whilethey were putting a story together about the dismissalof several senior SSS personnel.b In October, four policemen in Zwedru, Grand GedehCounty, reportedly flogged a local journalist from acommunity radio station for criticizing the police service.b In December reporter Rufus Paul of the DailyObserver was assaulted, allegedly on the orders of theDirector of the National Archives. The journalist wasinvestigating alleged misappropriation of funds at theNational Archives by the Director.

AI country reports/visitsReports• Liberia: Truth, Justice, and Reparation: Memorandum

on the Truth and Reconciliation Commission Act (AI Index: AFR 34/005/2006)

• Liberia: Submission to the Truth and ReconciliationCommission (AI Index: AFR 34/006/2006)

• Liberia: A brief guide to the Truth and ReconciliationCommission (AI Index: AFR 34/007/2006)

VisitAI delegates visited Liberia in May/June to carry outresearch.

LIBYASOCIALIST PEOPLE’S LIBYAN ARAB JAMAHIRIYAHead of state: Mu’ammar al-GaddafiHead of government: al-Baghdadi Ali al-Mahmudi(replaced Shukri Ghanem in March)Death penalty: retentionistInternational Criminal Court: not ratified

Law enforcement officials resorted to excessive useof force, killing at least 12 demonstrators whilebreaking up a protest and one detainee during aprison disturbance. Over 150 political detainees,including prisoners of conscience, were releasedfollowing pardons. Freedom of expression andassociation remained severely restricted. SeveralLibyans suspected of political activism abroad werearrested or otherwise intimidated when theyreturned to the country. Five Bulgarian nurses and aPalestinian doctor were sentenced to death by firingsquad for a second time. There were continuingconcerns about the treatment of migrants, asylum-seekers and refugees. No progress was made towardsestablishing the fate or whereabouts of victims ofenforced disappearances in previous years.

BackgroundRelations with the USA and European Union countriescontinued to improve. The USA restored full diplomaticrelations in May and later removed Libya from a list ofstate sponsors of terrorism.

In March, Shukri Ghanem was replaced as primeminister by al-Baghdadi Ali al-Mahmudi. ShukriGhanem had been promoting a broad programme ofreforms, but was opposed by other influential figures.

The authorities announced the creation of newmechanisms to address human rights issues andinvestigate complaints from citizens about humanrights violations, but gave few details of these bodies orhow they would operate.

Excessive use of forceKillings of Benghazi demonstratorsAt least 12 people were killed and scores injured inFebruary when police opened fire on demonstrators inBenghazi protesting against the publication of cartoonsdepicting the Prophet Muhammad in a number of


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European newspapers and the actions of an Italiangovernment minister who appeared on Italian televisionwearing a T-shirt showing one of the cartoons.According to official statements, the demonstration byseveral hundred protestors began peacefully butbecame violent when a group of demonstratorsattacked the Italian Consulate in Benghazi with stonesand clashed with police protecting it, who then openedfire with live ammunition. Further demonstrations thentook place in Benghazi and other eastern cities,including Tobruk and Darna, in the following days andwere also dispersed with excessive force by the securityforces, reportedly resulting in at least five more deaths.

The authorities publicly denounced the excessiveuse of force and dismissed the Secretary of the GeneralPeople’s Committee for Public Security (equivalent tointerior minister). In June they reported that theProsecutor-General’s office had undertaken thenecessary investigations immediately after beinginformed of the incident and had charged 10 seniorofficials with offences such as giving orders for theillegal use of gunfire. However, they were not known tohave been tried by the end of the year.Killings at Abu Salim PrisonIn October one prisoner, Hafed Mansur al-Zwai, diedand several others were injured when security forcesclashed with detainees at Abu Salim Prison in Tripoli. Aweek later, the Prosecutor-General’s office announcedthat it had opened an investigation but its outcome wasnot known by the end of the year. Initial reportsindicated that the death was caused by a bullet, but theofficial autopsy stated that it resulted from a blow tothe head. The Prosecutor-General’s office stated thatthree other prisoners and eight police officers hadrequired hospital treatment but unofficial sourcesreported that nine prisoners had been taken to hospitalfor treatment of bullet wounds and other injuries. Theincident occurred after dozens of prisoners werebrought back to the prison following the postponementof a trial hearing at a criminal court specializing interrorism-related crimes. They faced charges ofbelonging to a banned organization, reportedly theLibyan Islamic Fighting Group, and terrorism-relatedoffences.

The authorities reported in July that an officialinvestigation into killings of up to 1,200 detaineesfollowing disturbances at Abu Salim Prison in 1996 wasongoing. However, no information was made availableregarding the details of the investigation.

Releases of political prisonersIn January, six political prisoners – Muftah al-Mezeini,Awad al-Urfi, Ahmed Zaed, Musa al-Shaeri, Salah Khazzamand Ahmed al-Khafifi – were released due to ill health.Ahmed al-Khafifi had been convicted by the People’sCourt and sentenced to life imprisonment for supportinga banned organization. The People’s Court, abolished in2005, was an exceptional court for political cases wherethe rights of the accused were routinely violated.

In March some 130 political prisoners, includingdozens of prisoners of conscience, were released inan amnesty. They included some 85 members of the

Libyan Islamic Group (also known as the MuslimBrothers), many of whom had been held since 1998.The Gaddafi Development Foundation (formerlyknown as the Gaddafi International Foundation forCharitable Associations), headed by Saif al-Islam al-Gaddafi, son of Mu’ammar al-Gaddafi, had concludedthat they had neither used nor advocated violence.Sentences imposed on them in 2002 by the People’sCourt were overturned by the Supreme Court inSeptember 2005, but re-imposed by a lower court inFebruary. Two had been sentenced to death andothers to long prison terms. AI considered them to beprisoners of conscience, while the authoritiesmaintained that they had been fairly convicted in aregular criminal court on charges of setting up abanned secret organization with the aim ofoverthrowing the political system.

Also released was Abdurrazig al-Mansouri, a writerand journalist who had been sentenced to 18 months’imprisonment in 2005 for possessing an unlicensedpistol, although it appeared that the real reason for hisimprisonment was his publication of critical articlesabout politics and human rights in Libya on a newswebsite shortly before his arrest.

Some of the releases appeared to be conditional; theMuslim Brothers, in particular, were reportedly forcedto sign pledges that they would not undertake anypolitical activities.

In November some 20 political prisoners of Jordanian,Lebanese, Libyan and Syrian nationality were released.They had been arrested in a group of 52 people inBenghazi in 1990 and accused of attempting to overthrowthe government and of propagating subversive ideasfrom abroad. Some of them said that they had beentortured during incommunicado detention. Thosereleased were among 23 people sentenced to lifeimprisonment in 1991 by the People’s Court.

Restrictions on freedom of expression andassociationThe rights to freedom of expression and associationcontinued to be severely restricted. In August, Saif al-Islam al-Gaddafi criticized the continuing restrictions,including the lack of press freedom and the dominationof the media by four state-owned newspapers, andcalled publicly for political reform, stating thatindividuals were imprisoned for no reason. Later thatmonth, however, Mu’ammar al-Gaddafi urged hissupporters to “kill enemies” if they asked for politicalchange.b Fathi el-Jahmi remained in detention at anundisclosed location understood to be a special facilityof the Internal Security Agency, with visits from hisfamily reportedly permitted only every few months. Aprisoner of conscience, he was arrested and detained inMarch 2004 after he criticized Libya’s head of state andcalled for political reform in international mediainterviews. According to the authorities, he was beingtried on charges related to exchanging informationharmful to the national interest with a foreign state,and had access to a lawyer. However, they did notdisclose where he was being tried.


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Several Libyans suspected of political activismabroad were arrested or otherwise intimidated whenthey returned to the country, in some cases apparentlyafter receiving official assurances that they would notbe arrested.b Idriss Boufayed, a long-standing critic of thegovernment, was arrested and taken intoincommunicado detention in early November. Theauthorities did not disclose to his family the reasons forhis arrest or his place of detention. Unconfirmedreports suggested that he was being held under guard ina psychiatric hospital in Tripoli. Idriss Boufayed wasrecognized as a refugee in Switzerland, but returned toLibya in September, reportedly after receivingassurances from the Libyan embassy that he would notbe at risk. He was released at the end of December.b In July the authorities provided details aboutMahmoud Boushima and Kamel el-Kailani, who werearrested and detained on their return to Libya from theUK in July 2005. They said that the two men had beencharged with belonging to the Libyan Islamic FightingGroup and that Mahmoud Boushima was detainedpending an investigation into his case. Kamel el-Kailaniwas released in April. Both men had reportedlyreceived assurances from the authorities that theywould not be arrested on their return.

Death penaltyNo executions were reported during the year, but deathsentences continued to be passed.b In December, five Bulgarian nurses and aPalestinian doctor were sentenced to death by firingsquad for a second time after being convicted ofknowingly infecting hundreds of Libyan children withHIV in a hospital in Benghazi in 1998. Confessions whichthe accused alleged were extracted under torture wereused as evidence against them, while defence lawyerswere not allowed to bring in international medicalexperts. The six medics had been in detention since1999. Previous death sentences against them wereoverturned by the Supreme Court in 2005.

Rights of migrants, asylum-seekers andrefugeesThere were continuing concerns about the treatment ofmigrants, asylum-seekers and refugees. Foreignersarrested on suspicion of being irregular migrantsreportedly often suffered abuse in detention, such asbeatings, and were collectively deported withoutaccess to a lawyer or an assessment of their individualcases. In November, on the occasion of a Euro-Africanconference on migration and development held inTripoli, the Libyan authorities announced that they hadsignificantly increased repatriations of migrants. Theyhad deported some 50,000 from the beginning of theyear until 6 November, compared with fewer than5,000 in 2004.

AI country reports/visitsStatements• Libya: AI welcomes release of political prisoners

(AI Index: MDE 19/002/2006)

• Libya: Investigation needed into prison deaths (AI Index: MDE 19/006/2006)

• Libya: Death sentences for foreign medics must bewithdrawn (AI Index: MDE 19/007/2006)

LITHUANIAREPUBLIC OF LITHUANIAHead of state: Valdas AdamkusHead of government: Gediminas Kirkilas (replacedAlgirdas Brazauskas in July)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

Trafficking in women and girls for purposes of sexualexploitation remained a serious problem.

BackgroundIn May, Prime Minister Algirdas Brazauskas resignedafter one party pulled out of his coalition government,causing a political crisis. In July, Gediminas Kirkilasformed a new government at the head of a four-partyminority coalition.

Trafficking of women and girlsTrafficking of women and girls for purposes of sexualexploitation remained a serious problem. According tostatistics from the European Police Office, Europol, wellover 1,000 women and girls were trafficked abroadannually from Lithuania, primarily to westernEuropean countries. Non-governmental organizationsreported that the actual number was much higher.According to the UN Office on Drugs and Crime,Lithuania was one of the four central and south-easternEuropean countries where women and girls were athighest risk of being trafficked. In addition to being acountry of origin for trafficking victims, Lithuaniaremained a country of transit and destination,primarily for women and girls from Belarus, Ukraineand the Russian Kaliningrad region.

International scrutinyIn February, the European Committee for thePrevention of Torture (CPT) published a report basedon findings during a 2004 visit to Lithuania. The CPTreported that it had received several allegations of ill-treatment in detention facilities, supported by medicalreports. The CPT also noted that people complaining ofill-treatment could not obtain a forensic medicalexamination without prior authorization by aninvestigator or prosecutor, and that the authoritiesshould remedy this.


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The CPT stated that conditions in a number ofdetention facilities were totally unacceptable. It statedthat detainees were locked up 24 hours per day in filthy,overcrowded cells, with little or no access to naturallight and, in many cases, dim artificial lighting. In somecells, there were no sanitary facilities. Prompt medicalscreening was not available to people held in policedetention centres.

MACEDONIATHE FORMER YUGOSLAV REPUBLIC OF MACEDONIAHead of state: Branko CrvenkovskiHead of government: Nikola Gruevski (replaced VladoBuckovski in August)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

The International Criminal Tribunal for the formerYugoslavia (Tribunal) did not return cases under itsjurisdiction to Macedonia for trial. Parliamentaryelections that resulted in a change of governmentwere marred by violence between ethnic Albanianparties. Investigations continued outside Macedoniainto allegations that the authorities unlawfullytransferred a German national into US custody.

BackgroundFollowing elections on 5 July, government passed to acoalition of the Internal Macedonian RevolutionaryOrganization-Democratic Party for MacedonianNational Unity and the Democratic Union forIntegration (DUI).

Legal reforms required by the Stabilization andAssociation Agreement with the European Union (EU)proceeded. In October the EU Commissioner declared ittoo soon to set a date for negotiations on accession tothe EU. The 8 November progress report notedconcerns about the independence of the judiciary,widespread corruption, failure to ensure therepresentation of minorities in public administration,and the situation of Roma despite plans for integration.

In May parliament voted to abolish compulsorymilitary service as part of a government plan toestablish a professionalized military in 2007.

Political violencePolitical rivalry between the two largest ethnicAlbanian parties, the Democratic Party of Albanians(DPA) and the DUI, triggered pre-election violence. TheDPA, which won more seats than the DUI, protested at

its exclusion from government by blocking roads andholding mass demonstrations. Party leaders allegedthat the Ohrid Agreement, which concluded the 2001internal conflict, had broken down.

Between 15 and 17 June, DPA members allegedlydrove a bulldozer into the DUI office in Saraj, twogrenades were reportedly thrown at DUI offices inStruga and Saraj, and the DUI office in Tetovo cameunder attack. On 18 June unidentified gunmen shot atthe car of the DPA mayor of Saraj, Imer Selmani; heescaped unharmed. On 23 June, DUI memberAbdulhalim Kasami was shot and wounded in front ofhis house in Tetovo. On 24 June firearms were used infighting in Rasce between DPA and DUI supporters, andthree DUI members were injured. Criminalinvestigations were opened.

Impunity for war crimesb Former Minister of Internal Affairs LjubeBoshkovski remained in the custody of the Tribunal. Hehad been indicted in 2005, with Johan Tarchulovski, forcommand responsibility for an attack on the village ofLjuboten in August 2001 when seven ethnic Albanianmen died and over 100 more were detained, torturedand ill-treated. In October, the Chief Prosecutor to theTribunal announced that four other cases in which theTribunal had seized primacy but had issued noindictments – including the case of 12 Macedoniancitizens abducted by armed ethnic Albanians in 2001 –would be returned in 2007 to the Macedonianauthorities for prosecution.b In April the Ministry of Internal Affairs reportedlyissued a search warrant to establish the whereabouts ofthree ethnic Albanians – Sultan Memeti, HajredinHalimi and Ruzdi Veliu. They were believed to bevictims of enforced disappearance, last seen in thecustody of the Macedonian authorities during the 2001internal conflict. In May the Ministry said that aninvestigation into the enforced disappearance of sixfurther Albanians was under way, but in Novembercould report no progress in any disappearance cases.

‘War on terror’b The Parliamentary Assembly of the Council ofEurope questioned Macedonia about the involvementof security and intelligence officials in the unlawfularrest, detention and ill-treatment of Khaled el-Masri, aGerman citizen of Lebanese descent. The Macedonianauthorities reportedly held him in a Skopje hotel for 23days in 2003 before rendering him at Skopje airport tothe US authorities, who flew him to Afghanistan. TheMacedonian authorities denied involvement, and didnot open an investigation into the allegations. The newgovernment failed to acknowledge that any violationshad taken place. The European Parliament’s TemporaryCommittee conducted investigations in April, includingin meetings with government officials. In June itreported inconsistencies in the account given by theMacedonian authorities.b In March, ethnic Albanians Rajmonda Maleçka andher father Bujar Maleçka were released from prison onappeal and expelled from Macedonia. Their original


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sentence of five years’ imprisonment on terrorismcharges in May 2005 had been confirmed in a retrial atSkopje District Court in November 2005. The SupremeCourt had in 2005 stated that the charges were withoutfoundation.

Torture and ill-treatmentIn January the Council of Europe Directorate of LegalAffairs reported severe overcrowding in Idrizovo andSkopje prisons. Detainees received inadequate healthcare and educational activities because of continuingstaff shortages. In May the European Committee for thePrevention of Torture and Inhuman or DegradingTreatment or Punishment visited Macedonia.

Also in May the European Court of Human Rightsruled admissible the case of Pejrusan Jasar, a Romaniman allegedly ill-treated in police detention in 1998.

A new police law passed in October aimed atensuring representation of the ethnic Albaniancommunity in the police force. However, it failed toprovide an independent mechanism for policeaccountability, including to investigate allegations ofill-treatment and torture by “Alpha” special policeunits.

Prisoners of conscienceOn 3 March, Zoran Vranishkovski, bishop of the SerbianOrthodox Church in Macedonia in Ohrid and prisoner ofconscience since July 2005, was released from the chargeof allegedly inciting religious and ethnic hatred, butremained in detention pending trial on further charges.

Journalists were imprisoned for defamation, despiteamendments to a law introduced in May whichremoved criminal penalties for the offence.b On 21 November journalist Zoran Bozinovski wasreleased from a three-month prison sentence fordefamation following domestic and internationalappeals.

DiscriminationAlthough minority representation in police andmunicipal employment was introduced in July underthe Ohrid Agreement, DPA members reportedcontinued discrimination against ethnic Albanians.

The UN Committee on the Elimination ofDiscrimination against Women recommended inFebruary that the government take temporary specialmeasures to address discrimination in education,health care and participating in public life against, inparticular, rural, Romani and ethnic Albanian women.In November the UN Committee on Economic, Socialand Cultural Rights noted widespread discriminationagainst Roma, including in obtaining citizenship andpersonal documents required for social insurance,health care and other benefits, and recommendedspecial measures to address discrimination inemployment faced by Roma and other minority women.b Mass demonstrations by the Romani communityfollowed the disappearance of Trajan Bekirov, a 17-year-old boy last seen being pursued by members of aspecial police unit on suspicion of theft on 10 May. Hisbody was found in a river on 27 May in a search

organized by relatives. The authorities did not conducta search or proper investigation, and only provided hisparents with the autopsy report after internationalpressure.

Up to 2,000 Romani refugees from Kosovo, deniedrefugee status in procedures which often failed toprovide individual determinations, remained inMacedonia. The government failed to provide access toeducation, employment, health care and housing.

Violence against womenIn February the UN Committee on the Elimination ofDiscrimination against Women noted that legislationfailed to define discrimination against women or theprinciple of equality of men and women. A law to thiseffect was introduced in May. The Committee was alsoconcerned at the prevalence of violence againstwomen, including domestic violence, and thepersistence of trafficking in women and girls, includingan increase in internal trafficking, despite a NationalProgramme to Combat Human Trafficking and IllegalMigration.


(AI Index: EUR 01/008/2006)• Europe and Central Asia: Summary of Amnesty


VisitAI delegates visited Macedonia in November.


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MALAWITHE REPUBLIC OF MALAWIHead of state and government: Bingu wa MutharikaDeath penalty: abolitionist in practiceInternational Criminal Court: ratified

Nearly a million people needed food aid in 2006.Freedom of expression continued to be threatened,with a number of media workers charged withcriminal libel. Torture and ill-treatment by police andlife-threatening prison conditions were reported.

BackgroundMoves to impeach the President were formally ended inJanuary. The Vice-President, Cassim Chilumpa, amember of the President’s former party, the UnitedDemocratic Front, was arrested for treason in April andremained under house arrest at the end of 2006.

Former President Bakili Muluzi was briefly detainedin July on allegations of corruption. On the same daythe director of the Anti-Corruption Bureau wassuspended by the President for allegedly not followingappropriate procedures when he ordered the arrest ofthe former President. The charges against Bakili Muluziwere withdrawn.

PovertyMalawi’s recovery from a devastating drought in 2005brought some relief to the rural poor. However, morethan 900,000 people remained reliant on food aid – adrop from 4.8 million people in need of food aid in2005. Production on small-scale farms was alsoaffected by the high incidence of HIV and AIDS.Approximately 14 per cent of the population hascontracted the virus.

Press freedomFreedom of expression continued to be threatened,particularly in the first half of the year, when thegovernment brought charges of criminal libel against anumber of media workers.b In May, Robert Jamieson, editor-in-chief of theChronicle newspaper, sub-editor Dickson Kashoti andreporter Arnold Mlelemba were arrested on criminallibel charges for alleging that Malawi’s former AttorneyGeneral was implicated in the sale of a stolen laptop.The three were provisionally released.b Jika Nkolokosa, general manager of BlantyreNewspapers Limited, and Maxwell Ng’ambi, ajournalist, were charged with criminal libel forreporting that the Minister of Health was implicated inimproper accounting. The charges against JikaNkolokosa were dropped but Maxwell Ng’ambi wasconvicted and fined.

PolicingTorture and ill-treatment of suspects in custodyremained a major concern. In June the Malawi Human

Rights Commission raised concerns about abuse andtorture at Lilongwe, Kawale, Lingadzi and KanengoPolice Stations.b Miyonda Mundiwa, a suspected car thief, had hisleg cut when police officers hit him with a macheteduring questioning at Lilongwe Police Station in April.

PrisonsLarge numbers of prisoners died in custody. More than280 deaths were recorded, an average of 23 prisonersper month per 10,000 prisoners. This was a sharpincrease from 14 deaths per month recorded in 2005.Most of the deaths were linked to inadequate diet.

MALAYSIAMALAYSIAHead of state: Raja Tuanku Syed SirajuddinHead of government: Abdullah Ahmad BadawiDeath penalty: retentionistInternational Criminal Court: not ratified

The year ended without the government fulfilling itspledge to establish an independent policecomplaints commission. At least 80 men accused oflinks to Islamist extremist groups were held withoutcharge or trial under the Internal Security Act (ISA).Freedom of expression, association and assemblycontinued to be constrained by restrictive laws.People suspected of being irregular migrants orasylum-seekers were harassed and detained in harshconditions pending deportation. Hundreds of people,mostly alleged irregular migrants, were imprisonedor caned after unfair trials. Death sentencescontinued to be passed and four executions werecarried out.

Police reformNon-governmental organizations continued to pressthe government to create an Independent PoliceComplaints and Misconduct Commission (IPCMC). In2005 a Royal Commission of Inquiry into the police hadrecommended a wide range of reforms, including theestablishment of an IPCMC by May 2006. Draftlegislation to establish an IPCMC remained underconsideration by the Attorney General at the end of theyear. A range of other reform recommendations,including repeal or review of laws allowing fordetention without trial or requiring police permits forpublic assemblies, were not implemented.


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Police brutalityThere were continued reports of excessive use offorce by police officers during peacefuldemonstrations. In March and May police armed withshields violently dispersed a series of peacefulprotests in Kuala Lumpur against fuel prices, withbatons and water cannon. Several people werereported seriously injured and dozens arrested. Allwere subsequently released.

There was still concern over the effectiveness ofsafeguards to ensure the safety and wellbeing ofdetainees in police custody. At least five people,including one woman, were reported to have died incustody during the year.

Detention without trialThe ISA, which allows for detention without trial forperiods of up to two years, renewable indefinitely,continued to be applied and also used as a threat. Atleast 80 men accused of membership of or links toIslamist extremist groups remained in detention at theend of the year. At least 20 detention orders wererenewed, and the reasons were not made public.b In May, 11 people were arrested under the ISA inSabah for alleged involvement in an Islamist groupknown as Darul Islam Sabah.b In October, at least 17 alleged members of JemaahIslamiyah and the Malaysia Militant Group (KumpulanMilitan Malaysia) were released, but remained underorders restricting their freedom of movement.

At least 700 criminal suspects remained indetention under the Emergency (Public Order andPrevention of Crime) Ordinance (EO), which allows forindefinite detention without trial. Many weredetained under the EO because the police did not havesufficient evidence to charge them. In October, theFederal Court ruled that the lawfulness of EOdetentions by police could not be challenged in thecourts once the Minister of Internal Security hadissued a detention order.

Migrant workers, refugees and asylum-seekersRefugees, asylum-seekers and migrant workersremained vulnerable to arrest, detention in poorconditions and deportation under the ImmigrationAct. Migrant workers were subjected to psychologicaland physical abuse by agencies and employers, andwere often denied equal access to benefits andprotections guaranteed to Malaysian workers,including maternity provisions, limited working hoursand holidays.

Excessive use of force and ill-treatment werereported during repeated raids and mass arrests,mostly conducted by members of the volunteer civilianarmed corps RELA (Ikatan Relawan Rakyat Malaysia), ofsuspected irregular migrant workers. Hundreds werewhipped after being found guilty of immigrationoffences.b In February, the bodies of five migrant workerswho allegedly fled a RELA raid were found in a lake inSelayang, near Kuala Lumpur. Witnesses reported thatat least one body bore signs of ill-treatment.

Freedom of expression and associationThere was continued criticism of the Printing Pressesand Publication Act which allows the authorities torefuse, revoke or suspend printing permits.b During the year, two newspaper editors wereforced to resign following their newspapers’ coverageof police abuses, and four newspapers were suspendedafter publishing drawings of the Prophet Muhammad,first published in a Danish newspaper in 2005 andjudged offensive.b In May the opposition People’s Justice Party (PartiKeadilan Rakyat) protested at the refusal to grant aprinting permit for the party’s official paper.

Two opposition parties, the Malaysian DayakCongress and the Socialist Party of Malaysia (PartiSosialis Malaysia), were denied registration under theSocieties Act.

Death penalty and corporal punishmentIn March the Malaysian Bar Council passed a resolutioncalling for the abolition of the death penalty and amoratorium on all executions.

Death sentences, however, continued to be passedduring 2006, mostly as a mandatory punishment forcertain drug-related offences. Four executions forarmed treason were carried out. The authoritiescontinued not to disclose regular statistics on capitalpunishment.

In May, Parliament passed a water privatization bill,which also extended the death penalty to cover seriouscases of water contamination.

Caning, a cruel, inhuman or degrading punishment,was also carried out.

AI country reports/visitsReport• Malaysia: Amnesty International’s campaign to stop

torture and ill-treatment in the ‘war on terror’ (AI Index: ASA 28/003/2006)

VisitsAmnesty International delegates met governmentofficials in March, and local civil society groups in Juneto discuss progress in the implementation of policereform.


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MALDIVESREPUBLIC OF MALDIVESHead of state and government: Maumoon AbdulGayoomDeath penalty: abolitionist in practiceInternational Criminal Court: not ratified

Political freedom continued to be undermined by theslow pace of constitutional reforms. More than 100people were arbitrarily arrested ahead of publicrallies. Scores of them were believed to be prisonersof conscience. At least six political prisoners weresentenced to terms of imprisonment. Policereportedly used unnecessary force while detainingpolitical activists who offered no resistance. Tortureand other ill-treatment continued in custody. Severallong-serving prisoners of conscience were released.

BackgroundIn March, President Maumoon Abdul Gayoomannounced the government’s Roadmap for the ReformAgenda Ushering In a Modern Democracy. It promised anew constitution by June 2007 and the first multi-partyelections in October 2008.

In September, the Maldives acceded to theInternational Covenant on Civil and Political Rights(ICCPR), the Optional Protocol to the ICCPR, and theInternational Covenant on Economic, Social andCultural Rights.

Resistance from conservative elements within thegovernment and disruptive moves from the oppositionthreatened to derail political and judicial reforms.

Freedom of expressionScores of government critics were accused of breakingthe law while peacefully expressing their views orattending rallies.b Member of Parliament Ahmed Shafeeq was brieflydetained in April for attending a peaceful rally inMalé. He was reportedly severely beaten at the timeof arrest and admitted to hospital. No investigationwas carried out.b More than 100 people were detained in advance ofa planned anti-government protest scheduled for 10 November in Malé. The riot police also preventedpeople from leaving the islands for the demonstration.A boat full of opposition supporters was allegedlyraided by the police and all passengers detained. Scoresof detainees were held for weeks without charge, whileat least 22 were released after being charged withapparently unsubstantiated, politically motivatedcriminal offences.

Intense pressure on the media to refrain frompublishing articles critical of the governmentcontinued. Journalists ignoring this pressure wereharassed, detained or charged with criminal offences.b Aminath Najeeb, editor of the Minivan newspaper,received a summons in May to appear before the

criminal court, apparently as part of the government’sattempt to close Minivan. Before the summons, she washarassed by masked men circling her house.b Mohamed Yooshau, Imran Zahir and Ibrahim Manikwere detained for weeks at various times during theyear. Abdulla Saeed (Fahala) was sentenced to 20 years’imprisonment for carrying drugs which were believedto have been planted on him by the police after hisarrest.

Unfair trials and prisoners of conscienceCourts continued to sentence political activists toterms of imprisonment.b Ahmed Abbas, a political cartoonist, designer ofMaldivian banknotes and prominent critic of thegovernment, was sentenced in November to sixmonths’ imprisonment without knowing he was beingtried. His conviction related to his remarks in anewspaper in August 2005. He only found out about hisconviction by chance, when checking the government’swebsite. Fearing ill-treatment, he sought sanctuary inthe UN building in Malé but had to leave aftergovernment pressure. He was then detained by thepolice and transferred to the prison island of Maafushi.He was believed to be a prisoner of conscience.b Several prisoners of conscience were released.Ahmed Ibrahim Didi and Naushad Waheed werereleased in February and Jennifer Latheef was releasedin August. Chairperson of the Maldivian DemocraticParty, Mohamed Nasheed, was released in September.

Torture and other ill-treatmentPolice tortured and otherwise ill-treated detaineesarrested while taking part in peaceful demonstrations.b Sixteen-year-old Moosa Afaau was reportedlygrabbed around his neck by a plain-clothed officer inFebruary while watching a street rally. He wasreportedly dragged to the ground, his trousers werepulled down and he was hit with a baton on his thighsand genitals. He was then taken to a police station, tiedto a chair and punched in the face every time he fellasleep. No one has been held accountable.

AI reports/visitsReport• Maldives: Renewed repressive measures against the

opposition (AI Index: ASA 29/010/2006)


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MALIREPUBLIC OF MALIHead of state : Amadou Toumani TouréHead of government : Ousmane Issoufi MaïgaDeath penalty : abolitionist in practiceInternational Criminal Court : ratified

Freedom of expression came under attack withjournalists arrested, imprisoned and fined. Two deathsentences were handed down, despite a bill before theNational Assembly to abolish the death penalty.

BackgroundIn May, members of the Tuareg ethnic group attackedand occupied military camps in the region of Kidal andMenaka town. The attackers, led by a former member ofa Tuareg armed group who joined the army following a1992 peace agreement, withdrew from the camps a daylater, after stealing weapons and equipment. Theirdemands included greater government support for thedevelopment and autonomy of regions populated byTuaregs. In July, an accord was reached between thearmed groups and the government. The Tuaregsabandoned their claims for autonomy and thegovernment pledged to increase development effortsin the northern regions, particularly in Kidal.

Attacks on freedom of expressionIn August, six staff members of Radio Kayira, includingAmadou Nanko Mariko, managing director of theKoutiala radio station, Sidi Traoré and MohamedDiakité, were arrested in Niono for broadcastingwithout a licence. They were later charged withopposing the authority of the state and sentenced toone-month prison terms and a fine. They lodged anappeal. The Radio Kayira network belongs to a politicalparty represented in the government, African Solidarityfor Democracy and Independence (Solidarité africainepour la démocratie et l’indépendance, SADI).

Death penaltyIn March, Zoumana Diarra and M’Pié Diarra weresentenced to death by the Bamako Assize Court forcriminal offences including murder and poisoning. Noexecutions have taken place in Mali during the lastdecade. A private member’s bill on the abolition of thedeath penalty was presented to the National Assembly inApril, but had not been voted on by the end of the year.

MALTAREPUBLIC OF MALTAHead of state: Edward Fenech-AdamiHead of government: Lawrence GonziDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Journalists, human rights activists and others weresubjected to arson attacks for speaking out againstracism. Irregular migrants continued to be subject toa policy of automatic detention. Conditions inmigrant detention centres were harsh and insanitary,and came in for criticism by the European Union (EU).

RacismOvert racism continued to increase. The non-governmental coalition, the European Network AgainstRacism (ENAR), noted that debate in the news mediaand on the Internet was increasingly hostile towardsimmigrants and that racist attacks and hate speechwere on the rise.

Arson attacks targeted individuals or organizationsthat actively worked to protect the human rights ofmigrants and refugees or denounced racist anddiscriminatory attitudes and actions in Maltese society.Racist speech and attacks appeared to find increasinglegitimacy within Maltese society.b In early March the house of a poet was set on fire inan arson attack just a few days after he launched a bookof poetry promoting tolerance and refugee rights.b On 13 March, seven cars belonging to the CatholicChurch’s Jesuit Community were destroyed by fire atnight, shortly before publication of the Report onRacism and Xenophobia in Malta by the EuropeanMonitoring Centre on Racism and Xenophobia (EUMC).The Jesuit Community is EUMC’s partner in Malta. On 11April a car belonging to a lawyer working with the JesuitRefugee Service was set alight and destroyed.b On 3 May the editor of the weekly Malta Todaynewspaper had his house torched by arsonists. He hadpublished an editorial on racism and immigrationshortly before the attack.b On 13 May the home of a journalist from the dailynewspaper, The Malta Independent, who had denouncedthe extreme right and written about racism andimmigration, was attacked. In the early hours, arsonistsleaned five burning tyres filled with petrol against herback door. Smashed glass and petrol were spread on theroad in front of the house, in an apparent attempt toprevent her family escaping or to block help arriving.

Migrants and asylum-seekersMalta maintained its automatic detention policy forirregular migrants. On arrival they are held in closeddetention centres for up to 18 months and latertransferred to open centres. The policy clearly violatesinternational human rights laws and standards.Migrants were detained without first having a proper


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medical screening, potentially putting the health ofother detainees and detention centre staff at risk. Non-governmental organizations and journalists were stillnot allowed access to migrant detention centres.

Four administrative detention centres for asylum-seekers and migrants were in deplorable condition andfailed to meet legally binding international standards,the EU Committee on Civil Liberties, Justice and HomeAffairs reported in March. A delegation of theCommittee, visiting four detention centres, found thatthe Hal-Safi detention centre “was like a cage”, withoutsheets on the beds, broken and dirty mattresses, and noheating. Hygiene conditions were intolerable, withbroken showers, no hot water, and toilets withoutdoors and in a state of disrepair. At the Hal-Far centre,delegates found high levels of mosquitoes and ratinfestation, and appalling conditions in bathrooms.Some residents who had fled the Darfur region of Sudansaid their asylum applications had been rejected on thegrounds that “they could have moved to safer areas ofthe country”. At the Lyster Barracks centre, there wereonly two functioning toilets for more than 100 people,no provision of sanitary towels for women, and no areaoutside for fresh air and exercise, the Committeereported.

Domestic violenceThe Domestic Violence Act came into force in February,and the Commission on Domestic Violence createdunder the Act was set up in March. The Commission’sresponsibilities and competencies include awareness-raising; developing and outlining strategies to identifyproblems of domestic violence so as to offer betterprotection to victims; suggesting areas for research;educating the general public; and identifying trainingfor professional groups. The Commission is required topublish an annual report.

MAURITANIAISLAMIC REPUBLIC OF MAURITANIAHead of state: Colonel Ely Ould Mohamed VallHead of government: Sidi Mohamed Ould BoubacarDeath penalty: abolitionist in practiceInternational Criminal Court: not ratified

At least 15 people were arbitrarily arrested andaccused of belonging to a terrorist organization,including several possible prisoners of conscience.Although eight prisoners held since 2005 wereprovisionally released, others remained detainedwithout charge. There were reports of torture indetention. Slavery and forced labour continued to bepractised.

BackgroundIn April, Colonel Ely Ould Vall, President of the MilitaryCouncil for Justice and Democracy, stated that deposedPresident Maaouyia Ould Sid’ Ahmed Taya would beallowed to return to Mauritania, but would be bannedfrom participating in forthcoming elections. In June, anew Constitution was approved by referendum,reducing the presidential mandate to five years, with alimit of two terms. Article 99 clearly condemns anyconstitutional reform aimed at maintaining a presidentin power. The reforms were due to become effectivewith the presidential election scheduled for March2007. This election would return the country, ruled by amilitary junta since a bloodless coup in August 2005, tocivilian rule.

In November, the Coalition of Forces for DemocraticChange (Coalition des forces pour le changementdémocratique, CFCD), a coalition of former oppositionparties, expressed its satisfaction with measures takenby the government to guarantee transparency duringlegislative elections.

In May, a National Commission on Human Rightswas set up and was given the task of evaluatingdetention conditions, following a prison breakout inNouakchott in April which led to a clampdown by theauthorities.

In June, a new law lessened censorship ofnewspapers by the Ministry of the Interior, reduced thesentences for press crimes, and foresaw the creation ofprivate television and radio. In October, six members ofa new institution responsible for regulating the mediawere named.

Provisional releasesIn July, eight people charged with belonging to anunauthorized organization and putting the country atrisk of foreign reprisals were provisionally released.They had been arrested in 2005 along with 13 others,including Abdallahi Ould Eminou and two Algeriannationals. Three detainees escaped from NouakchottCentral Prison in April. Several were reportedlytortured in custody.


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Possible prisoners of conscienceAt least 15 people were arbitrarily arrested and accusedof links to al-Qa’ida or other terrorist organizations.Some may have been prisoners of conscience. Severalwere held for up to a few days and then releaseduncharged. However, the majority were charged withendangering the security of the state and criminalconspiracy. They had not been brought to trial by theend of 2006.b In June, two military officers, Abderahamane OuldLekwar and Mohamed Ould Lagdaf, and three civiliansincluding former ambassador Mohamed Ould MohamedAly and Mohamed Salek Ould El Hadj Moktar, Presidentof Democrats without Borders, were arrested. Theywere charged with criminal conspiracy, endangeringstate security and conspiring against the constitution.All were close to former President Taya.b In July, eight people, including Med Lemine OuldJiddi and Taher Ould Abdel Jelil, were arrested andcharged with terrorist acts, training abroad to committerrorist acts in Mauritania and belonging to anunauthorized association. Four were provisionallyreleased and four remained in detention.

SlaveryAlthough President Vall committed to abolishing allforms of slavery in Mauritania, forced labour andslavery reportedly continued to be practised. Estimatesof the number of people held in slavery varied widely.In June, at least eight people were released fromslavery in the Adrar region 450km north of Nouakchott,while others reportedly remained in captivity in theregion of Tagant, 400km north-east of Nouakchott.

MEXICOUNITED MEXICAN STATESHead of state and government: Felipe CalderónHinojosa (replaced Vicente Fox Quesada in December)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

Felipe Calderón of the National Action Party (Partidode Acción Nacional, PAN) was elected president incontroversial elections. President Vicente Foxcompleted his mandate without fulfilling theadministration’s commitment to end human rightsviolations and impunity, which remainedwidespread. The Federal Congress once again failedto approve reforms to the Constitution and the publicsecurity and criminal justice systems to improve theprotection of human rights. There were continuingreports of torture, arbitrary detention, excessive useof force and unfair judicial proceedings, particularlyat state level. Serious human rights violations werereported in Oaxaca State in the context of aprotracted political crisis. Violence against womenremained endemic in many states and the campaignfor justice for the women of Ciudad Juárez andChihuahua City continued. Several journalists werekilled. Human rights defenders and politicalopponents in some states remained at risk ofharassment or unfounded criminal prosecutions.Measures to prosecute those responsible forsystematic human rights violations in previousdecades failed. Indigenous peoples in several statescontinued to face discrimination including in accessto basic services, such as health care and education.

BackgroundHigh levels of violent crime and public insecuritycontinued to be major public concerns. In Novemberseveral armed opposition groups reportedly claimedresponsibility for the detonation of three explosivedevices in Mexico City. Central American and Mexicanmigrants seeking to cross the border to the USA couldface increased threats to their safety with the proposedextension of the border wall by the US government.

Elections and their aftermathThe fairness of the national elections and the narrowmargin of the PAN victory were challenged by thesecond-placed candidate, Andrés Manuel LópezObrador, of the Democratic Revolutionary Party(Partido de la Revolución Democrática, PRD). Afterseveral weeks of major street protests by PRDsupporters demanding a full recount of votes, theFederal Electoral Tribunal ruled there were onlysufficient grounds for a partial recount of ballot boxes.In September the Tribunal confirmed Felipe Calderónas President. Andrés Manuel López Obrador and hissupporters refused to accept the results and inNovember set up a “parallel” government. On


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1 December, Felipe Calderón was sworn in as President,without making any clear commitment to strengthenthe protection of human rights. The appointment of theGovernor of Jalisco State as federal Interior Ministerraised concern owing to his failure to prevent or punishserious human rights violations committed in Jaliscoduring his governorship.

International human rights mechanisms and reformThe Mexican government appeared before six UNthematic committees to assess its compliance withtreaty obligations. These included the UN Children’sConvention, the UN Convention against Racism, theInternational Covenant on Economic, Social andCultural Rights, the UN Women’s Convention, theConvention against Torture and the Migrant Workers’Convention. The respective committees made a seriesof recommendations. The government of President Foxplayed a positive role in UN reform to strengthenhuman rights protection. Mexico took over thepresidency of the new UN Human Rights Council.

There was little progress on government humanrights initiatives. The implementation of the NationalHuman Rights Programme remained inadequate. Thefederal judiciary published the results of itsconsultation on reform of the judicial system. With theexception of some reforms to the juvenile justicesystem, there were virtually no advances in introducingproposed constitutional and legal reforms to ensurethe protection of human rights in the public securityand criminal justice system.

Oaxaca crisisIn June, state police used excessive force againststriking teachers occupying Oaxaca city centre andbringing it to a standstill. The Popular Assembly of thePeople of Oaxaca (Asamblea Popular del Pueblo deOaxaca, APPO) was formed to support the teachers anddemand the resignation of the governor. Its supportersoccupied official buildings and TV and radio stations.State police, often wearing civilian clothes, reportedlyshot at APPO supporters, resulting in the deaths of atleast two and injuries to many others. APPO supportersestablished barricades blocking city streets. During thecrisis, state police reportedly arbitrarily arrested, heldincommunicado and tortured several teachers andAPPO supporters before filing charges on the basis ofallegedly fabricated evidence.

At the end of October, municipal and state policereportedly attacked several barricades set up byAPPO supporters, leading to the deaths of threecivilians and injuries to many others. Some 4,500Federal Preventive Police (Policía Federal Preventiva,PFP) entered the city using tear gas, batons and watercannons. Some protesters responded with violenceand scores were arrested. Many were reportedlybeaten and threatened by the PFP once in custody. Atleast 19 PFP officials were reportedly injured. InNovember, after clashes with police, more than 140people were arrested, many of whom were reportedlynot involved in violence. Scores were reportedly

beaten and denied access to family, medical attentionand legal advice. More than 90 remained in custody atthe end of the year.

In early November teachers returned to work, butsome faced threats and detention. In December,scores of APPO leaders and supporters were subjectto warrants issued during the protests, some allegedlyon the basis of fabricated evidence. There wasconcern that those involved in peaceful protest wouldbe detained and be subject to unfair judicialproceedings. During the crisis, more than 17 civilianswere reportedly killed and scores of others injured.Federal and state authorities failed to effectivelyinvestigate allegations of serious human rightsviolations by the end of the year.b On 27 October, US reporter Bradley Roland Willwas shot and killed on a barricade while filming a clashbetween protesters and armed gunmen, later identifiedas local governing party officials. Two officials weredetained, but later released without charge after stateauthorities concluded APPO supporters wereresponsible. There was serious concern aboutimpartiality of the official investigation.b On 29 October Jorge Alberto López Bernal died as aresult of being struck by a tear gas canister reportedly firedby the PFP. Federal authorities did not conduct criminalinvestigations into this or other reports of human rightsviolations allegedly committed by PFP agents.

Excessive force – public securityHigh levels of violent crime, often related to drugtrafficking, undermined public security in many parts ofthe country. Massive policing operations againstprotesters led to serious violations of human rights.b In April, federal and state police evicted strikingminers blocking access to the Lázaro Cárdenas steelplant in Michoacán State. Violent clashes ensued inwhich José Luis Castillo Zúñiga and Héctor ÁlvarezGómez were shot and killed by police and 54 otherpeople were injured, including police officers. InOctober the National Human Rights Commission foundthat federal and state police had acted illegally and hadused excessive force, and called for a criminalinvestigation. The authorities refused to comply withthe recommendation.b On 3 May, Mexico State Police clashed withdemonstrators in Texcoco resulting in a major state andfederal police operation in the neighbouring town ofSan Salvador Atenco where a number of police werereportedly held hostage. Police used tear gas, batonsand firearms against members of the community,detaining 211 people over the two days, many of whomwere repeatedly beaten and tortured while beingtransported to the state prison. Twenty-six peopleremained in custody at the end of the year accused ofkidnapping, despite serious concerns about thereliability of evidence presented against several ofthem and the fairness of judicial proceedings. EvenMagdalena García Durán, who won a federal injunctionagainst her unfair detention, remained in custody. Anumber of state police officers were underinvestigation for assault at the end of the year.


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Violence against women and Ciudad JuárezViolence against women and gender discriminationremained widespread throughout Mexico. The SpecialFederal Congressional Commission on Feminicideproduced a major report on murders of women in 10states. The report highlighted the consistent failure ofstate governments to compile reliable information ongender-based violence or to put in place effectivemeasures for its prevention and punishment. A federallaw strengthening the right of women to live free fromviolence was passed. In February a Special FederalProsecutor’s Office for Crimes of Violence againstWomen was established.

There were continued reports of murders of womenin Ciudad Juárez and the City of Chihuahua. TheChihuahua state authorities introduced someimprovements in response to new killings. However,they failed to prosecute many previous cases or hold toaccount any officials implicated in the original botchedinvestigations. The Federal Attorney General’s Officeconcluded its investigation into past cases, but failed toacknowledge the scale of gender-based violence inCiudad Juárez over 13 years, leading to criticism that itwas seeking to downplay the murders and abductionsof women in the city.b In June, after two and half years in custody, DavidMeza Argueta was acquitted of the murder of NayraAzucena Cervantes in Chihuahua City in 2003. The basisof the case against him was a confession reportedlyextracted under torture by Chihuahua judicial police.David Meza filed a complaint of torture against stateofficials. Two state judicial police were reportedlyexpelled from the force for using torture during theirinvestigations.b In May, during the police operation in San SalvadorAtenco, Mexico State, 47 women were detained andtransported to prison. At least 26 women reported tothe National Human Rights Commission that they hadbeen sexually assaulted or raped by state police officersduring the journey to prison. At the end of the year, thelocal state-led investigation had resulted in only minorcharges against one of the officials involved.

Arbitrary detention, torture and unfair judicial proceduresArbitrary detention, ill-treatment, torture andviolations of due process rights of criminal suspectsremained common. Courts continued to overlookreports of such abuses. Access to legal counsel wasoften denied in the early stages of detention and state-appointed lawyers frequently failed to guarantee theright to effective defence. The poorest and mostdisadvantaged detainees, such as Indigenous peoples,were often denied minimum fair trial standards.b In May, two Indigenous men, Aureliano ÁlvarezGómez and Tiburcio Gómez Pérez, were detained inconnection with an alleged kidnapping in themunicipality of Huitiupán, Chiapas State. No arrestwarrant was produced and they were reportedlyseverely beaten during interrogation by state judicialpolice. The two men were denied legal assistance andwere not charged, but held by judicial order (arriago)

for more than 50 days in a secure house run by the StateProsecutor’s Office. Lawyers from a local human rightsorganization were denied access to the men for fourdays and when they were able to visit them were unableto talk in private or document the visible signs of theirinjuries. In June the two men were charged andremanded in Amate prison where they were tortured byother inmates, reportedly with the consent of prisonauthorities. No investigation into the two men’streatment was known to have been initiated by the endof the year.b On 4 May, José Gregorio Arnulfo Pacheco wasrepeatedly beaten and kicked by state police officers athis home in San Salvador Atenco. He was subsequentlydiagnosed with fractured ribs, a fractured trachea,cranial fissures and severe bruising. He was releasedfrom custody at the end of July after the judgerecognized his physical incapacity to have committedthe alleged offences. The outcome of the PublicProsecutor’s Office appeal against his release wasawaited at the end of the year.

Journalists and human rights defendersTen journalists were murdered and many othersreceived threats, reportedly in reprisal for their work.Those investigating organized crime networks were atparticular risk. Investigations conducted by a SpecialFederal Prosecutor failed to result in prosecutions ofany of those responsible. There were continued reportsof intimidation and judicial harassment of human rightsdefenders in a number of states.b In September the National Supreme Courtbroadened an investigation into the misuse of thecriminal justice system which led to the prosecution ofjournalist and women’s rights defender Lydia Cacho ondefamation charges in December 2005. Theinvestigation was continuing at the end of the year.b In January Martín Barrios of the Labour RightsCommission of Tehuacán Valley (Comisión de DerechosHumanos y Laborales del Valle de Tehuacán) inTehuacán, Puebla State, was released followingnational and international concern at his continueddetention after unfounded blackmail charges againsthim were dropped. A month later, he and othermembers of the Labour Rights Commission werereportedly warned that their lives were at risk becauseof their human rights work.

Impunity for past abusesAs widely expected, the Special Federal Prosecutor’sOffice (FEMOSPP), established to secure justice forgrave human rights violations committed duringMexico’s “dirty war” (1960s-1980s), failed to deliverresults. The military reportedly continued to showlimited co-operation and the FEMOSPP did notchallenge military jurisdiction, which has repeatedlyassured impunity for military officials accused ofserious human rights violations. Nevertheless, the Foxgovernment stated that the work of the FEMOSPP wascomplete and ordered its closure in November.

In February, a draft report compiled by the historicaltruth unit of the FEMOSPP was leaked to an Internet


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website. It identified more than 700 cases of enforceddisappearance, more than 100 extrajudicial executionsand more than 2,000 cases of torture committed by thearmed forces and security agencies during the “dirtywar”. In the final days of the administration, a weakenedversion of the report was officially circulated on theInternet, but the government failed to endorse it,publicize its findings or ensure victims and their relativeswould have access to truth, justice or reparations.b In November, a federal court determined on appealthat the statute of limitations had not expired on thegenocide charges faced by former President, LuisEcheverría, in connection with the 1968 TlatelolcoSquare massacre.b In May, the prosecution of Miguel Nazar Haro,former head of the Federal Directorate of Security, andother former security officials accused of the 1976enforced disappearance of Jesús Piedra Ibarra, washalted. In September, a judge ordered the end of MiguelNazar Haro’s house arrest as the other case against himfor human rights violations committed during the 1970scollapsed.

Economic, social and cultural rightsThe UN Committee on economic, social and culturalrights noted that, despite the government’s efforts, 40million people continued to live in poverty, particularlyIndigenous communities and other sociallydisadvantaged groups.b Indigenous and peasant farming communitiesthreatened with eviction by the proposed constructionof the Parota dam in Guerrero State, despite asuccessful legal challenge freezing its construction,continued to face intimidation.

AI country reports/visitsReports• Mexico: Human rights – an unavoidable duty for

candidates (AI Index: AMR 41/019/2006)• Mexico: “How can a life be worth so little?” –

Unlawful killings and impunity in the city of Reynosa(AI Index: AMR 41/027/2006)

• Mexico: Violence against women and justice deniedin Mexico State (AI Index: AMR 41/028/2006)

VisitsAI delegates visited Mexico in June and November.

MOLDOVAREPUBLIC OF MOLDOVAHead of state: Vladimir VoroninHead of government: Vasile TarlevDeath penalty: abolitionist for all crimesInternational Criminal Court: signed

Torture and ill-treatment were widespread andconditions in pre-trial detention were poor. A numberof treaties protecting women’s rights were ratified,but men, women and children continued to betrafficked for forcible sexual and other exploitationand measures to protect women against domesticviolence were inadequate. Constitutional changes toabolish the death penalty were made. Freedom ofexpression was restricted and opposition politicianswere targeted.

Torture and ill-treatmentIn its report published in February, following a visit in2004, the European Committee for the Prevention ofTorture (CPT) found that torture and ill-treatment wasstill widespread in Moldova and that importantsafeguards for the prevention of torture were notobserved.

The European Court of Human Rights ruled in threecases that Moldova had violated Article 3 of theEuropean Convention on Human Rights. In one ofthese, the Court decided that the General Prosecutor’sOffice had failed to conduct an effective investigationinto the torture allegations of Mihai Corsacov and, byrefusing to open a case against the police officersconcerned, had deprived him of an effective remedyagainst the ill-treatment he had suffered during hisarrest in 1998. Reports of widespread torture and ill-treatment continued during the year.b Vitalii Colibaba was arrested in Chiôinäu on 21 April,accused of injuring a policeman during a brawl. He wasallegedly suspended from a crowbar and beaten on thehead and neck by three police officers until he lostconsciousness. Vitalii Colibaba was not granted accessto a lawyer until six days after his arrest, and wasallegedly beaten as a punishment when the lawyerwrote a complaint to the Prosecutor’s office. A forensicexamination carried out in the presence of the threeofficers who had allegedly tortured him found noevidence of ill-treatment. Vitalii Colibaba was releasedon bail in May and charges against him were stillpending at the end of the year.b On 18 January, the Prosecutor’s office turned downa request to start criminal proceedings against policeofficers suspected of torturing Sergei Gurgurov inRîscani district in Chiôinäu in October 2005, after he wasdetained in connection with the theft of a mobilephone. In April 2006, Sergei Gurgurov was againdetained for violating his bail conditions, although hislawyer had explained that he was unable to attend thepolice station because he was undergoing medical


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treatment for injuries sustained when he was tortured.On 12 May, the Chiôinäu appeal court ruled that hisdetention had been illegal.

Harassment of lawyersIn June, lawyers Ana Ursachi and Roman Zadoinov, whohad worked closely with AI on the cases of VitaliiColibaba and Sergei Gurgurov, were informed that theywould face criminal prosecution for spreading falseinformation about human rights violations in Moldovaand damaging the country’s international image. In aletter to the Bar Association, the Prosecutor General’sOffice stated that the two lawyers could faceprosecution under Article 335 of the Criminal Code for“misuse of official position” which carries a maximumprison sentence of five years.

Inhumane conditions in pre-trial detention centresReporting on its 2004 visit, the CPT describedconditions in places of detention run by the Ministry ofthe Interior as “disastrous” and stated that in manycases the conditions amounted to inhuman ordegrading treatment.

During the year AI expressed concern at conditionsin the cells at the police Commissariat in Orhei. Locatedin the basement, they were intended to hold fourdetainees, but reportedly there were usually seven ormore. Ventilation was poor and cells were infested withfleas and lice. Many detainees suffered from skindiseases but were rarely given access to a doctor. Toiletfacilities amounted to a bucket for use in the cell in fullview of others. Detainees were reportedly forced tosleep in turns, on a brick platform and withoutblankets, sheets or a mattress.

Violence against womenOn 28 February, Moldova ratified the Optional Protocolto the UN Convention on the Elimination of All Forms ofDiscrimination against Women, and on 19 May itratified the Council of Europe’s Convention againstTrafficking in Human Beings, the first country to do so.In February a draft law on preventing and combatingviolence in the family was presented to parliament. Itdid not provide adequate measures to protect victimsor prosecute perpetrators.

In August, the UN Committee on the Elimination ofDiscrimination against Women considered Moldova’ssecond and third periodic reports. It expressed concernat the level of domestic violence against women andthe increasing trend of trafficking in young women andgirls, and the lack of protection for victims. TheCommittee recommended that the draft law onpreventing and combating domestic violence should bepassed with some amendments.

Freedom of expressionThere was concern about the apparent lack of respectby the Moldovan authorities for freedom of expression.b On 28 April, the Mayor of Chiôinäu refused anapplication by the non-governmental organization(NGO) GenderDoc-M, to hold a Gay Pride rally in

Chiôinäu on the grounds that religious groups hadannounced that they would organize protest actions ifthe rally went ahead.b The Mayor’s office in Chiôinäu refused permissionfor a demonstration demanding the erection of a statuein honour of a Romanian writer. Despite the fact thatthe NGO Hyde Park had been granted permission onappeal, police detained all the demonstrators for 40hours in poor conditions in Buiucani district policestation, without access to a lawyer, before releasingthem and charging them with participating in anunsanctioned meeting, resisting the police, andinsulting police officers. Audio recordings made on amobile phone during the arrest did not provideevidence of such resistance. All charges weresubsequently dropped.b On 4 October, the Mayor of Chiôinäu refusedpermission for AI Moldova to hold a rally against thedeath penalty in front of the Belarus and US embassieson 10 October. On 15 November the Supreme Courtdeclared the Mayor’s actions to be unlawful.

Opposition politicians prosecutedSome opposition politicians appeared to be targetedfor their political views.b Gheorghe Sträisteanu, a former member ofparliament, founder of the first private televisioncompany in Moldova and a well-known critic ofgovernment attacks on media freedoms, was detainedon 21 August and charged with threatening to murderMihai Mistre÷, the Mayor of ×igäneôti, in connectionwith a local council decision to cancel the lease on landhe was renting. On two occasions cups of chlorinebleach were thrown into his cell, causing him to faint.He was released under house arrest on 28 November.Gheorghe Sträisteanu had previously been detained in2005 and charged with a series of large-scale theftsfrom cars.

Abolition of the death penaltyOn 29 June the Moldovan parliament votedunanimously to amend Clause 3 of Article 24 of theConstitution, which provided for the death penalty inexceptional cases, thus abolishing the death penalty inlaw. On 29 July parliament ratified Protocol 13 to theEuropean Convention on Human Rights and the SecondOptional Protocol to the International Covenant onCivil and Political Rights, aiming at the abolition of thedeath penalty. Parliament had voted to abolish thedeath penalty in 1995, with all pending death sentencescommuted the following year and provisions for thispunishment removed from the criminal code.

Self-proclaimed Dnestr Moldavian RepublicOn 17 September the internationally unrecognizedDnestr Moldavian Republic (DMR) voted in favour ofcontinuing the region’s de facto independence fromMoldova and for eventual union with the RussianFederation. Tudor Petrov-Popa and Andrei Ivan÷ocremained in detention in Tiraspol, despite a July 2004judgement by the European Court of Human Rightswhich found their detention to be arbitrary and in


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breach of the European Convention on Human Rights.They were members of the “Tiraspol Six”, sentenced toprison terms in 1993 for “terrorist acts”, including themurder of two DMR officials. The four men convictedwith them were released in 1994, 2001 and 2004. On 10 May the Committee of Ministers of the Council ofEurope adopted a fourth interim resolution in the case,asking for execution of the judgement of the EuropeanCourt of Human Rights. The resolution asked Moldovato continue its efforts to secure the release of the twomen and requested the Russian Federation to complywith the judgement.

AI country reports/visitsReports• Europe and Central Asia: Summary of concerns in the

region, January-June 2006 (AI Index: EUR01/017/2006)


MONGOLIAMONGOLIAHead of state: Nambaryn EnkhbayarHead of government: Miyegombiin Enkhbold (replacedTsakhiagiin Elbegdorj in January)Death penalty: retentionistInternational Criminal Court: ratified

Secrecy surrounded the application of the deathpenalty. Detainees in pre-trial detention centres andpolice stations and those facing the death penaltywere at risk of torture and ill-treatment.

BackgroundIn January, the government headed by TsakhiagiinElbegdorj resigned. Corruption was prevalent andinstitutionalized. Mongolia ratified the UN Conventionagainst Corruption in January and in July passed theMongolian Anti-Corruption Law which came into forcein November.

Death penaltyExecutions were carried out in secret and there wereno official statistics of death sentences. Detentionperiods of over 24 months along with the continuoususe of hand and foot cuffs were reported.

Torture and ill-treatmentTorture and ill-treatment appeared to be systematic inpolice stations and pre-trial detention centres. There

was widespread impunity for law enforcement officials,and compensation and rehabilitation were notavailable to torture victims.

Detention conditions were harsh and overcrowdingwas typical. Prisoners were at risk of tuberculosis andfaced extremes of heat and cold. Six prisoners whosedeath sentences were commuted served special 30-year “isolation sentences”, separated from otherprisoners and denied visits from families and lawyers.

There was a lack of light and fresh air and high levelsof humidity and air pollution at the Gants Khudagdetention centre. Prisoners suffered damaged eyesightand other health problems.b One detainee went blind after spending 300 days inGants Khudag detention centre. He applied forcompensation for damage to his eyesight resulting fromhis detention conditions and for compensation for hisill-treatment by prison officers. Both applications wereunsuccessful.

Forced evictionsb In August a number of informal “Ninja” minerswere arrested and evicted for trespassing on the ArNaimgan site of the Altan Dornod mining company.Police and military units arrested everyone withoutlocal identity cards, including women and children, andheld them for over 24 hours in the police detentioncentre in Ogoomor soum. Over 10,000 “Ninja” minerswere forcibly put on trucks and taken to isolated ruralareas with no infrastructure and without access tofood, water or medical services.

Environmental damageNo compensation or other reparation was offered toherdsmen who were forced to leave their land as a resultof damage to their livestock and lands associated withthe mining industry’s use of chemical toxins. There werehigh levels of mercury and sodium cyanide in the Zaamarand Boroo mining areas in Toev, Selenge andOvorkhangai provinces and much livestock waspoisoned by these and other toxins.

Onggi River, which passes through Omnogovi,Ovorkhangai and Dundgovi provinces and covers adistance of 435km, dried out after 30 mining licenceswere granted for extraction and prospecting in theheadwaters. The disappearance of the river left at least57,000 people in the region short of drinking water. Morethan 80,000 cattle had to be moved to other provinces,costing each family over one million togrog (US$880).

Restriction of freedom of expressionFreedom of expression remained severely restricted.During the year, more than 40 journalists werethreatened or attacked, or were harassed orinvestigated by the authorities. The local news mediawere controlled by the authorities; they were oftenthreatened and discriminated against if they criticizedthe authorities. Ten journalists were reportedlyarrested and their cameras and other equipmentdestroyed during demonstrations.b In July, B Tsevegmid, a journalist with Nomin TV,was beaten in Orkhon Aimag by unidentified people


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who had reportedly asked her to stop broadcasting.There was reportedly no proper investigation by thepolice.b In April, D Arvin, a Member of Parliament, illegallyremoved from public distribution a newspapercontaining a negative article about her. She claimed herpolitical status authorized the action.

MONTENEGROMONTENEGROHead of state: Filip Vujanovi»Head of government: Ûeljko ©turanovi», replaced MiloDjukanovi» in NovemberDeath penalty: abolitionist for all crimesInternational Criminal court: ratified

Montenegro declared independence from Serbia andMontenegro and was recognized as a UN memberstate in June. Some progress was made towardsovercoming impunity for war crimes and politicalkillings. Torture and ill-treatment by law enforcementofficers were widespread.

BackgroundIn a referendum held on 21 May, 55.4 per cent of voterswere in favour of independence. Montenegro declaredindependence on 3 June and on 28 June was recognizedas a UN member state. New defence and foreignministers were appointed.

Negotations began in September with the EuropeanUnion (EU) on the EU Stabilization and AssociationAgreement.

In June Montenegro formally requested membershipof the Council of Europe, but a decision was delayedpending the introduction of a new constitution.

In August compulsory military service was abolishedby decision of the President.

Parliamentary elections in September resulted invictory for the pro-independence government coalitionled by Prime Minister Milo Djukanovi», who resigned inNovember.

Impunity for war crimesProgress was made in tackling impunity for crimescommitted during the wars of the 1990s. On 18 May theSerbian Supreme Court confirmed the verdict handeddown by Belgrade District Court in May 2005, which hadconvicted four members of the Bosnian Serbparamilitary group, the Avengers (Osvetnici), for theabduction and murder of 16 Montenegrin members ofthe Bosniak ethnic group in October 1992.

In February six former police officers were indicted forthe enforced disappearance of some 83 Bosniak civilians,apparently “deported” from Montenegro to territoryunder Bosnian Serb control in the Republic of Bosnia andHerzegovina in 1992. Investigative proceedings did notopen until September. The state prosecutor rescinded anearlier decision to stop civil cases in which relatives andsurvivors of enforced disappearance had petitioned theauthorities for reparations.b In June Podgorica District Court acknowledged thatSanin Krdûalija had been unlawfully deported to Fo½a in1992. His mother and daughter were awarded damagesfor the emotional pain caused by his death, but theirapplication for reparations for suffering caused by thefailure of the authorities to investigate his enforceddisappearance was dismissed. Courts similarlydismissed applications in five other cases.

Torture and ill-treatmentIn May, following a 2005 visit to Serbia andMontenegro, the European Committee for thePrevention of Torture reported that it had receivednumerous allegations of torture and ill-treatment ofdetainees by police officers. The majority of casesreportedly occurred at the time of arrest or during thefirst hours of detention at police stations, apparently toextract confessions.

Abuses reported included a mock execution in whicha gun was placed in a detainee’s mouth. Baseball batsand garden tools associated with reports of ill-treatment were found in Bar and Budva police stations.b On 9 September, 17 men of ethnic Albanian origin,including three US citizens, were arrested and reportedlyracially abused, ill-treated and, in some cases, tortured bypolice officers, during arrest, in court and at Podgoricapolice station. The men were transferred to Spuû prisonon 12 September and 14 of them remained in detention atthe end of the year. On 7 December, 18 men, including fiveUS citizens, were indicted for conspiracy, “terrorism” andarmed insurrection. An internal investigation was openedinto complaints of ill-treatment by the police lodged onbehalf of seven of the men.

Suspected political killingsIn August, 10 suspects were indicted in connection withthe murder in August 2005 of Slavoljub ©»eki», formerchief of the Montenegrin police.

In December Damir Mandi» was acquitted of being anaccomplice to the murder in 2004 of Du®ko Jovanovi»,editor of the newspaper Dan.

On 24 October, Srdjan Voji½i», a driver, was killedduring an attack on author Jevrem Brkovi».

Denial of rights to displaced peopleSome 16,545 Roma and Serbs displaced from Kosovo in1999 remained in Montenegro. They had previouslybeen denied access to civil, political, economic andsocial rights by being refused civil registration.

Violence against womenThe authorities took over the funding of a shelter forvictims of trafficking in January.


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A draft law on Protection from Violence in the Familyfailed to include measures to criminalize people whoviolate court protection orders. Non-governmentalorganizations called for a co-ordination body to beestablished to ensure the effective application of the law.

AI country reports/visitsReport• Montenegro: The right to redress and reparation for

the families of the “disappeared” (AI Index: EUR66/001/2006)

MOROCCO/WESTERN SAHARAKINGDOM OF MOROCCOHead of state: King Mohamed VIHead of government: Driss JettouDeath penalty: abolitionist in practiceInternational Criminal Court: signed

The government began consideringrecommendations made by the Equity andReconciliation Commission in 2005, but key follow-up steps had not been undertaken by the end of2006. Eight Sahrawi human rights defendersimprisoned in 2005 were released, but two otherswere detained amid continuing protests againstMoroccan rule in Western Sahara. Some 200suspected Islamist activists were arrested andcharged, and in some cases convicted, many on thebasis of a vague definition of terrorism. Two weresentenced to death. Over 500 members of theunauthorized Islamist group, Al-Adl wal-Ihsan(Justice and Charity), were charged with offencessuch as belonging to an unauthorized associationafter the group launched a recruitment campaign.Unlawful expulsions of refugees, asylum-seekers andmigrants continued, during which some wereallegedly sexually abused by security forcepersonnel.

BackgroundA 5,000-strong community police unit created in 2004,the Urban Security Groups, was disbanded in Octoberafter accusations of brutality, particularly whenbreaking up demonstrations and making arrests.Beatings by its officers allegedly caused the deaths ofseveral people, including Hamdi Lembarki and AdelZayati in 2005 and Abdelghafour Haddad in 2006.

The deadlock in attempts to resolve the disputebetween Morocco and the Polisario Front over WesternSahara continued to form the backdrop ofdemonstrations by Sahrawis against Moroccanadministration of the territory. The Polisario Front callsfor an independent state in Western Sahara and runs aself-proclaimed government-in-exile in refugee campsin south-western Algeria.

Equity and Reconciliation CommissionIn January, King Mohamed VI gave a speech to mark thepublication of the final report of the Equity andReconciliation Commission, which in November 2005finished its investigations into grave human rightsviolations committed between 1956 and 1999,particularly cases of enforced disappearance andarbitrary detention. He expressed his sympathy for thevictims of the violations, but stopped short of offeringan apology.

The King instructed the national human rightsinstitution, the Human Rights Advisory Board, to followup the work of the Commission. In June, Prime MinisterDriss Jettou set up joint working committeescomprising government officials and former membersof the Commission to examine the Commission’srecommendations, particularly on reparations andinstitutional and legal reforms. The Board beganinforming victims and their families of the results ofresearch into 742 cases of enforced disappearance thatit said it had resolved. It continued the Commission’sresearch into 66 unresolved cases. The Board said thata detailed list of the enforced disappearance casesexamined by the Commission would be published inmid-2006, but this had not happened by the end of theyear. No progress was made on providing victims witheffective access to justice and holding accountableindividual perpetrators, issues not addressed by theCommission.

Arrests and trials of SahrawisEight Sahrawi human rights defenders imprisoned in2005 for involvement in protests against theMoroccan administration of Western Sahara werereleased following royal pardons in March and April.Some 70 others arrested during or afterdemonstrations in the territory in 2005 and 2006 andcharged with violent conduct were also freed. InFebruary the Justice Ministry stated that the humanrights defenders had been imprisoned for theirinvolvement in criminal acts, not for their views.However, AI considered them likely to be prisoners ofconscience, targeted for exposing abuses byMoroccan security forces and publicly advocatingself-determination for the Sahrawi people.

Demonstrations by Sahrawis against Moroccan rulecontinued into 2006. Hundreds of people werereportedly arrested. The vast majority were releasedafter questioning by the police. Some 20 were laterconvicted and sentenced to up to six years in prison forinciting or participating in violence. At least 10demonstrators alleged that they were tortured or ill-treated during questioning in police custody. Sahrawi


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human rights activists continued to be the subject ofintimidation by the security forces.b Brahim Sabbar, Secretary-General of the SahrawiAssociation of Victims of Grave Human Rights ViolationsCommitted by the Moroccan State, was sentenced afteran unfair trial to two years’ imprisonment in June forassaulting and disobeying a police officer. In May, hisassociation had published a report detailing dozens ofrecent allegations of arbitrary arrest and torture or ill-treatment. Brahim Sabbar and his colleague Ahmed Sbaiwere awaiting another trial on separate charges thatincluded belonging to an unauthorized association andinciting violent protests. Both were possible prisoners ofconscience.

A mission of the Office of the UN HighCommissioner for Human Rights visited WesternSahara in May. Its leaked confidential reportconcluded that the human rights situation there wasof serious concern, and that Sahrawi people weredenied their right to self-determination and wereseverely restricted from exercising other rights,including the rights to express their views, createassociations and hold assemblies.

Abuses in the ‘war on terror’Some 200 suspected Islamist activists, including at leastnine members of the police and military, were arrestedand charged with offences that included preparingterrorist activities, belonging to terrorist groups andundermining state security. Two were tried andsentenced to death, while at least 50 received prisonterms of up to 30 years on the basis of a broad andunspecific definition of terrorism.

Some 300 suspected Islamist prisoners, manysentenced on terrorist charges following bomb attacks inCasablanca in May 2003, staged a month-long hungerstrike in May to demand their release or a judicial reviewof their trials. Many had been convicted after trials thatbreached international fair trial standards. Dozens ofthem alleged that they had been tortured in previousyears during questioning by the security forces.

Four Moroccan nationals were transferred from UScustody in Guantánamo Bay, Cuba, to Morocco inFebruary and October. Three were tried and convictedin November. One of them was sentenced to five years’imprisonment for setting up a “criminal gang”, amongother charges, and was held in custody. The other tworeceived three-year prison sentences for forgingofficial documents, but remained at liberty pendingappeals. The fourth returnee faced charges ofbelonging to a terrorist organization, among otheroffences. Five other former Guantánamo detainees,who were returned to Morocco in 2004, were on trial onsimilar charges. The authorities categorically deniedforeign media reports that the USA planned to build asecret detention centre in Morocco.

Arrests and trials of Al-Adl wal-Ihsan activistsOver 3,000 members of Al-Adl wal-Ihsan werereportedly questioned by the police after the grouplaunched a recruitment campaign in April, withmembers opening their homes to the public to present

the group’s literature. The vast majority were releasedwithout charge after questioning. Over 500 werereportedly charged with offences that includedparticipating in unauthorized meetings or assemblies,and belonging to an unauthorized association.b The house of one of the group’s leaders, MohamedAbbadi, was sealed after the authorities accused him ofholding illegal meetings there. In October, he and threeother members of the group were sentenced to oneyear in prison for breaking the seals, but remained atliberty pending appeal.

Other members were prosecuted and sentenced tosuspended prison sentences or fines, or were awaitingtrial at the end of the year.b A trial against the group’s spokesperson, NadiaYassine, was ongoing at the end of the year. In a 2005interview with the newspaper Al Ousbouiya Al Jadidashe said that she believed that the monarchy was notappropriate for Morocco. She was charged, along withtwo journalists from the newspaper, with defamation ofthe monarchy.

Refugees and migrantsIn July, three migrants died as they tried to scale thefence between Morocco and the Spanish enclave ofMelilla. One fell onto the Spanish side of the border,reportedly dying from gunshot wounds. The other twodied after reportedly falling from the fence intoMoroccan territory. Witnesses alleged that Moroccansecurity forces shot in the direction of the migrants. Noresults were announced of the official investigationsinto the 2005 deaths of migrants at the borders with theSpanish enclaves of Ceuta and Melilla.

Thousands of people suspected of being irregularmigrants, including minors, were arrested by theMoroccan authorities and expelled to Algeria and, to alesser extent, Mauritania. They reportedly includeddozens of refugees or asylum-seekers. Those arrestedwere generally expelled shortly after their arrest,without the chance to appeal against the decision todeport them or to examine the grounds on which thedecision was taken, despite these rights beingguaranteed by Moroccan law. They were often leftwithout adequate food and water. One of a group of 53migrants expelled to the border between WesternSahara and Mauritania by the Moroccan authorities andleft without food or water was reported in August tohave died of dehydration.b In late December hundreds of foreign nationalswere arrested and expelled to the border with Algeriafollowing raids in several cities. At least 10 recognizedrefugees and 60 asylum-seekers registered with theUNHCR, the UN refugee agency, in Rabat werereportedly among them. Several deportees alleged thatthey had been subjected to sexual abuse or robbed bysecurity force personnel in Algeria and Morocco.

Women’s rightsThe Justice Ministry said in June that Morocco plannedto lift reservations it had made when ratifying theConvention on the Elimination of All Forms ofDiscrimination Against Women.


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The UN Committee on Economic, Social and CulturalRights examined Morocco’s record on these rights inMay. It welcomed recent legislative reforms to improvethe status of women, but expressed concern thatMoroccan legislation still contained “somediscriminatory provisions, particularly with regard toinheritance and criminal matters”. It acknowledgedMorocco’s efforts to combat domestic violence, butnoted with concern that the Criminal Code containedno specific provision making domestic violence apunishable offence.

Polisario campsA mission of the Office of the UN High Commissioner forHuman Rights visited the refugee camps in Tindouf insouth-western Algeria in May. Its leaked confidentialreport recommended closer monitoring of the humanrights situation in the camps.

Those responsible for human rights abuses in thecamps in previous years continued to enjoy impunity.The Polisario Front took no steps to address this legacy.

AI country reports/visitsReport• Spain/Morocco: Failure to protect the rights of

migrants – Ceuta and Melilla one year on (AI Index:EUR 41/009/2006)

VisitAn AI delegate visited Morocco in July to participate ina conference on transitional justice in Rabat and tomeet local human rights organizations.

MOZAMBIQUEREPUBLIC OF MOZAMBIQUEHead of state: Armando GuebuzaHead of government: Luisa DiogoDeath penalty: abolitionist for all crimesInternational Criminal Court: signed

There were reports of extrajudicial executions ofprisoners and criminal suspects by the police. Tenpolice officers were sentenced to between three and10 years’ imprisonment for carrying out extrajudicialexecutions. Clashes between the ruling and mainopposition parties resulted in eight people beinginjured and the arrest of at least five members of theMozambique National Resistance (ResistenciaNacional Moçambicana, Renamo). Restrictions onfreedom of the press remained and three journalistswere unlawfully held in detention for a week.

BackgroundMozambique ratified the African Union Convention onPreventing and Combating Corruption and the UNConvention against Transnational Organized Crime andits three protocols: the Protocol against the IllicitManufacturing of and Trafficking in Firearms, TheirParts and Components and Ammunition; the Protocolto Prevent, Suppress and Punish Trafficking in Persons,Especially Women and Children; and the Protocolagainst the Smuggling of Migrants by Land, Sea and Air.

Efforts to combat crime continued to be hindered bythe deaths of police officers from AIDS-relatedillnesses. In March the police authorities reportedlybegan to demand HIV tests from potential new recruits,in contravention of the country’s Constitution. Tomitigate the shortage and the difficulties in recruitingnew officers, the authorities decided to start recruitingnew officers from the Armed Forces training centres.

A fund to help the fight against HIV/AIDS was set upby the government and seven funding agencies, aimingat providing anti-retroviral drugs to 50,000 people.Statistics put the rate of HIV infection at 16.1 per cent ofthe 15 to 49-year age group.

Incidents of domestic violence increased, with 3,000cases reported between May and October.

Unlawful killingsThere were several reports of unlawful killings andother human rights violations by police officers and amember of the Presidential Guard. However, most ofthe incidents were not investigated and only a fewofficers were arrested or demoted. None had been triedby the end of the year. Some police officers wereprosecuted for human rights violations committed inprevious years.

In May, police officers shot dead several prisoners asthey tried to escape from Maputo Central Prison byclimbing over the prison walls. Eyewitnesses reportedthat police officers clubbed and shot at the escaping


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prisoners and killed some after they were recaptured.Following the escape, the Maputo Central Prisontemporarily banned visits from relatives and humanrights organizations. However the Mozambican HumanRights League (Liga Moçambicana dos DireitosHumanos) was eventually given access to the prisonand stated that three prisoners were killed during thebreak-out and at least 10 were seriously injured. Thosewho were captured after the attempted breakout werereportedly put in disciplinary cells and tortured. ByOctober the situation in the prison had reportedlyreturned to normal with prisoners being allowed toreceive visitors.b In January, a police officer shot dead 21-year-oldJulêncio Gove when he went to the rescue of a womanwho was being beaten by another police officer in astreet in Matola, Maputo province. After shooting him,the officer reportedly kicked the body several times.The police officer was subsequently arrested followingseveral demonstrations by local people. However, hewas not known to have been tried by the end of theyear.b A member of the Presidential Guard shot deadAbdul Monteiro in June after he accidentally damaged acar belonging to the Office of the President. Threemembers of the Presidential Guard chased AbdulMonteiro and shot at the tyres of his car, bringing it to ahalt. After he surrendered, the officers reportedly shothim in the leg, beat him and then shot him dead. Aninvestigation was started and one of the officers wasarrested. He had not been brought to justice by the endof the year.

Ten police officers charged in 2005 with assault andextrajudicial execution of suspected criminals,extortion and theft, were sentenced in October tobetween three and 10 years’ imprisonment in Manicaprovince. Two of the officers were sentenced in theirabsence, as they had absconded, while three wereacquitted and one died before the end of the trial.

Political violenceIn May, eight people were seriously injured in clashesbetween supporters of the ruling Front for theLiberation of Mozambique (Frente da Libertação deMoçambique, Frelimo) and Renamo members inInhangoma, Tete province, during the visit of Renamo’sSecretary General to the area. Five Renamo memberswere subsequently arrested and reportedly convictedfor excessive self-defence. However, the convictedmen were reportedly not even present when theincident occurred. They were sentenced to betweeneight and 20 months’ imprisonment.

The 20 Renamo members arrested in September 2005following violence over alleged election rigging in thetown of Mocímboa da Praia, Cabo Delgado province,were released pending trial in October 2006. The trialhad still not taken place by the end of the year.

MYANMARUNION OF MYANMARHead of state: Senior General Than ShweHead of government: General Soe WinDeath penalty: abolitionist in practiceInternational Criminal Court: not ratified

The human rights situation deteriorated during theyear, as the authorities stepped up repressionagainst both armed and peaceful political oppositionthroughout the country. The UN Security Councilplaced Myanmar on its formal agenda. Widespreadand systematic violations of international humanrights and humanitarian law, amounting to possiblecrimes against humanity, were committed in thecourse of military activities in Kayin State and BagoDivision. As the authorities continued with plans todraft a new Constitution, activists were pressuredinto resigning from political parties. Scores of arrestscontinued throughout the year of people engaged inpeaceful political activities or other non-violentexercise of the right to freedom of expression andassociation. At the year end most senior oppositionfigures were imprisoned or administrativelydetained, among more than 1,185 political prisonersheld in deteriorating prison conditions. At least twopeople were sentenced to death.

BackgroundThe National Convention to draft principles for a newConstitution concluded a session in January andreconvened in October, without the National Leaguefor Democracy (NLD), the main opposition party.Legislation criminalizing adverse comment on theConstitution remained in place, while delegates wererestricted from open discussion. The authoritiesannounced that most decisions on the draftConstitution’s principles had been made, including onareas relating to the role of the military and on citizens’rights and duties.

International developmentsThe UN Security Council placed Myanmar on its formalagenda in September. The UN General Assemblyadopted a resolution and the UN Human Rights Councilextended the mandate of the Special Rapporteur, whocontinued to be denied access to the country. The UNUnder-Secretary-General for Political Affairs visitedMyanmar in May and November.

Members of the Association of South East AsianNations (ASEAN) expressed dissatisfaction with theslow pace of reforms in Myanmar and renewed calls forthe release of political prisoners. The InternationalLabour Organization (ILO) expressed grave concern atthe lack of progress by the authorities on forced labour.The European Commission initiated a newhumanitarian aid programme to treat HIV/AIDS,tuberculosis and malaria.


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Crimes against humanityMilitary operations against the Karen National Union(KNU) in eastern Kayin (Karen) State and neighbouringdistricts increased. More than 16,000 were displaced bythe conflict. Villagers reported widespread andsystematic commission of acts constituting violations ofinternational humanitarian and human rights law on ascale that amounted to crimes against humanity.Destruction of houses and crops, enforceddisappearances, forced labour, torture and extrajudicialkillings of Karen civilians increased. Many villagersfaced food shortages after the authorities banned themfrom leaving their village to farm or buy food. The use ofland mines by both the armed wing of the KarenNational Union and the tatmadaw (Myanmar army) alsoincreased. Other violations included acts of collectivepunishment, such as prolonged closures and othermovement restrictions, the burning of whole villagesand the reported killing in February in northern Kayinstate of a village headman and other civilians. In otherareas skirmishes took place between the Shan StateArmy–South and the army, with the loss of civilian life.

Forced labourThe widespread practice of forced labour was reportedthroughout the year in Kayin, Mon, Rakhine and Kachinstates, and in Bago Division. Prisoners were reported tohave increasingly been required to act as porters for themilitary, and to have been subjected to torture and otherforms of ill-treatment. A number of prisoner portersattempting to escape were reportedly killed. The ILOexpressed concern that the authorities’ continuedthreats of legal action against people making “false”complaints of forced labour presented a significantobstacle to joint co-operation in addressing the issue. Inresponse to specific requests by the ILO, by the end of theyear the authorities had released two people imprisonedin connection with the legal filing of reports of forcedlabour and dropped prosecutions of others. A six-monthmoratorium on the prosecution of those makingcomplaints about forced labour was promised in July.

Political imprisonmentPolitical trials were conducted according to laws whichcriminalized the peaceful exercise of human rights andin proceedings which did not meet international fairtrial standards. Arrests took place without warrantsand defendants were denied the right to legal counselor counsel of their choice. Detainees were heldincommunicado for lengthy periods.b Former student leaders and prisoners ofconscience Htay Kywe, Ko Ko Gyi, Paw U Tun, MinZeya and Pyone Cho were detained in late Septemberand held incommunicado until the end of the year.The authorities stated that this was to “preventinsurgency”.b U Aung Thein, 77, a member of the NLD’s CentralCommittee, was arrested with three others in April; allfour were sentenced in July to 20 years’ imprisonment.U Aung Thein was said to have “confessed” topossessing a satellite telephone used to speak to NLDleaders outside the country.

b Win Ko, an NLD member from Bago Division, wasreported to have been sentenced to three years’imprisonment in October for collecting signaturescalling for the release of detained political leaders. Hewas charged with selling illegal lottery tickets.b Refugees Chit Thein Tun and Maung Maung Oowere abducted from India to Myanmar by an unknownarmed group. They were handed over to the Myanmarauthorities and tortured while held incommunicado.They were sentenced to death in a secret trial oncharges of exploding a bomb on the Myanmar-Indiaborder.

Prisoners of conscience and senior NLD leaders DawAung San Suu Kyi, U Tin Oo, Daw May Win Myint, and DrThan Nyein, all held without charge or trial, had theirdetention extended by the maximum term of one year.The latter two have been held since October 1997, andwere detained beyond the expiry of their seven-yearprison sentence. Daw Aung San Suu Kyi was held inincreasing isolation and permitted only infrequentvisits by her doctor.

ReleasesA number of releases took place during 2006.b Two human rights defenders, lawyer U Aye Myintand Su Su Nwe, imprisoned in October 2005 for sevenyears and 18 months respectively in connection withreporting forced labour and land confiscation by thelocal authorities, were released in June and July.b U Shwe Ohn, a senior Shan political figure andwriter in his 80s, was released from house arrest afterthe expiry of his detention order in February.b At least two members of the KNU detained sincethe early 1980s, who were in poor health, were releasedin September and October.

Prison conditionsAlready poor prison conditions deteriorated duringthe year. The authorities imposed new restrictions onthe quantity of food that prisoners were able toreceive from relatives, and reduced the budget forfood granted to prison authorities. Medical shortagesin prisons were reported. Visits by the InternationalCommittee of the Red Cross (ICRC) were suspended inJanuary after the ICRC refused to accede to conditionsthat they be accompanied by members of governmentaffiliated agencies. Partly as a result of poor prisonconditions, many prisoners of conscience were inpoor health including Dr Than Nyein, a doctor andNLD MP-elect, suffering from liver disease and othercomplaints.

Torture and other ill-treatmentTorture and other forms of ill-treatment duringinterrogation and pre-trial detention were frequentlyreported. Torture in prison was believed to haveincreased. Attempts by relatives to seek redress weremet with official resistance, harassment and pressureto withdraw complaints.b Ko Thet Naing Oo, a former political prisoner, wasseverely beaten by police and fire brigade officers inYangon in March and died the same day.


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Deaths in custodyAt least six political prisoners died in prison. Torture,poor diet and inadequate medical treatment werebelieved to have contributed to their deaths. Many hadbeen held in prisons distant from their families,depriving them of necessary food and medicine.b Thet Win Aung, 35, a student activist and prisonerof conscience, died in Mandalay Prison in October. Hehad been tortured on arrest in 1998, and was serving a59-year prison sentence. He had suffered numeroushealth complaints in prison, including malaria andmental illness, and had been held for protractedperiods in solitary confinement.

Freedom of expression, peaceful assembly andassociationLegislation restricting the peaceful exercise of the rightto freedom of expression, peaceful assembly andassociation continued to be rigorously enforced.Access to the Internet remained restricted. Thegovernment blocked many websites and placedperiodic blocks on free internet e-mail services.

From April members and supporters of both the NLDand the Shan Nationalities League for Democracy weresubjected to threats and harassment. Meetings weredisrupted, and the state-run press regularly denouncedand threatened the NLD, accusing it of plotting to inciteunrest in the country. By the end of the year hundredsof NLD members were reported by the official press tohave resigned.

AI country reports/visitsStatements• Myanmar: Human rights violations continue in the

name of national security (AI Index: ASA16/002/2006)

• Myanmar: The UN Security Council must act (AI Index: ASA 16/007/2006)

• Myanmar: Ko Thet Win Aung, prisoner of conscience,dies in prison (AI Index ASA 16/015/2006)

NAMIBIAREPUBLIC OF NAMIBIAHead of state and government: Hifikepunye PohambaDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Civil society organizations expressed alarm at thehigh level of violence against women and children.The ruling South West African Peoples’ Organisation(SWAPO) party refused to discuss abuses committedat its camps before independence. Little progresswas made concerning an investigation into severalmass graves near the Angolan border. Suspectsdetained in connection with a separatist attack inthe Caprivi region in 1999 spent their seventh year injail as their trial entered its third year.

BackgroundA cabinet committee appointed to deal with massgraves from the 1966-89 liberation war had not takena decision on the matter by end of 2006. Anopposition call to debate the imprisonment andtorture of hundreds of SWAPO members in SWAPOcamps in Angola before independence was rejected bythe ruling party in October. SWAPO used itsparliamentary majority to dismiss the Congress ofDemocrats’ motion before it could be debated,claiming that such a discussion could undermine thepolicy of national reconciliation.

Violence against women and childrenIn October the Legal Assistance Centre (LAC) releasedfigures showing that the number of reported rapes morethan doubled between independence in 1990 and 2005.Civil society organizations termed the high level of childrapes a “national emergency” and called for increasededucation and reform of the police and justice system.

Freedom of expressionThe UN Special Rapporteur on the promotion andprotection of the right to freedom of opinion andexpression wrote to the government in Augustrequesting clarity about threatening remarks made bythe President of SWAPO and Namibia’s former PresidentSam Nujoma in reaction to demands for compensationfrom former combatants. Human rights activistsattending a SWAPO rally in Katutura on 30 July reportedthat the former President had made death threats againsttwo female war veterans – Ruusa Malulu, chairperson ofthe National Committee on the Welfare of Ex-Combatants, and Lapaka Ueyulu, a radio announcer.

Action on corruptionThe government established an Anti-CorruptionCommission in February. Despite criticisms that it wasunder-resourced, the Commission started to makearrests and several cases involving lower to middleranking government officials were before the courts.


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Caprivi detaineesThe trial of 119 people charged with involvement in the1999 separatist attacks in the Caprivi region entered itsthird year. Most of the accused had been detained forseven years. Police officers accused of torturingsuspects detained in the wake of the attacks had notbeen subject to any formal charges or disciplinaryaction.

In September the government outlawed the UnitedDemocratic Party, which supports secession for theCaprivi region. The party is the political wing of theCaprivi Liberation Army, which launched the attack onthe town of Katima Mulilo in the north-eastern regionin 1999.

Access to AIDS treatmentIn December 2006 President Pohamba told a WorldAIDS Day gathering that 22,000 AIDS patients werereceiving anti-retroviral drugs, while about 50,000Namibians were estimated to be in need of anti-retroviral treatment.

NEPALNEPALHead of state: King Gyanendra Bir Bikram Shah DevHead of government: Girija Prasad Koirala (replacedKing Gyanendra Bir Bikram Shah Dev in April)Death penalty: abolitionist for all crimesInternational Criminal Court: not ratified

The political transition, cessation of hostilities andrelaunching of a peace process following popularprotests in April led to major improvements in thehuman rights situation and raised expectations thatlong-standing issues, such as caste-, ethnic- andgender-based discrimination, would be addressed.The new coalition government and the armedopposition Communist Party of Nepal (CPN) (Maoist)pledged their commitment to human rights in a seriesof agreements, culminating in the ComprehensivePeace Agreement signed in November. Key challengesremained, including holding both parties to theirpromises and ensuring accountability for past humanrights violations and abuses.

BackgroundThe year began with growing opposition to the rule ofKing Gyanendra, who seized executive authority inFebruary 2005 and imposed increasingly severerestrictions on freedoms of assembly, association andexpression. More than 3,000 people were detained

between mid-January and mid-February for involvementin political demonstrations, including senior politicalleaders and prominent peace activists. Police usedexcessive force against demonstrators and ill-treatedactivists in custody.

A renewed protest movement gathered strength inApril, known as the People’s Movement (Jana Andolan).The demonstrations, initiated by the coalition of majorpolitical parties known as the Seven Party Alliance(SPA), eventually included a broad cross-section of thepopulation and also had the backing of the CPN (Maoist).

The royal government again imposed unduerestrictions on freedoms of assembly and expressionand the security forces used excessive force in effortsto suppress the protests. The security forces usedbatons, live and rubber bullets and tear gas canisters,fired at close range, to control the crowds, resulting inthe deaths of at least 18 people and injuries to morethan 4,000. Hundreds of peaceful political and civilsociety activists were among those arrested.

On 24 April, King Gyanendra announced thereinstatement of the House of Representatives. NepaliCongress leader Girija Prasad Koirala was appointedPrime Minister, heading an SPA coalition government.Within days, the House convened for the first timesince 2002 and endorsed a proposal to hold electionsfor a constituent assembly to rewrite the country’s 1990Constitution and decide the fate of the monarchy.

The CPN (Maoist) announced a three-monthceasefire on 26 April. The SPA government reciprocatedwith an indefinite ceasefire on 3 May. Negotiations,starting on 26 May, resulted in a series of agreementsthat paved the way for the Comprehensive PeaceAgreement signed on 21 November. The PeaceAgreement ended Nepal’s decade-long armed conflictand included provisions on political, social andeconomic transformation. It committed both parties tothe establishment of an interim government, includingrepresentatives from the CPN (Maoist), and toconstituent assembly elections by mid-June 2007.

An agreement in late November establishedprocedures to ensure that CPN (Maoist) combatantswould be confined to temporary camps and lock theirweapons under UN supervision while the Nepal Armywould remain in barracks and store an equal numberof arms.

Both parties requested the UN to provide assistancein election observation and continued human rightsmonitoring.

Peace process and human rightsAll the agreements signed in the course of the talksincluded human rights commitments. However, manyof the pledges were vaguely worded and few had beenfully implemented by the end of the year.

In May the SPA government and the CPN (Maoist)agreed a Code of Conduct for the ceasefire. By mid-November, the National Monitoring Committeeestablished to oversee compliance said it had foundviolations of the Code of Conduct in 913 cases out of1,425 complaints, but no further action was taken andthe Committee was dissolved at the end of that month.


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The role of Nepal’s National Human RightsCommission (NHRC) remained unclear. The NHRC’sreputation for independence was damaged in 2005,when new Commissioners were appointed by the King. InJuly, the Chairperson and Commissioners resigned; newappointments had not been made by the year’s end.

The Peace Agreement signed on 21 Novembercontained significant human rights commitments,including an end to impunity for human rights abusesand guarantees of the rights to food, health andeducation. It provided for a Truth and ReconciliationCommission to investigate “serious violations of humanrights and crimes against humanity” committed duringthe armed conflict and a National Peace andRehabilitation Commission to provide assistance toconflict victims.The Peace Agreement also includedpledges to publicize the whereabouts of victims ofenforced disappearances within 60 days and to createan environment conducive to the return of internallydisplaced people.

Marginalized groups were under-represented in thepeace process. Neither the SPA government nor theCPN (Maoist) leadership included women in their peacetalk teams. The 31-member National MonitoringCommittee included only two women, and a six-member, all-male Interim Constitution DraftingCommittee was expanded to include four women and aDalit representative only after widespread protests.

Abuses by the CPN (Maoist)Despite the CPN (Maoist)’s public commitments torespect international human rights standards, therewere continuing reports of unlawful killings,abductions, torture and ill-treatment, extortion,threats and harassment by members of the CPN(Maoist). Investigations by the Office of the HighCommissioner for Human Rights (OHCHR) in Nepalfound that many of the abuses were committed in thecontext of the “law enforcement” activities of the CPN(Maoist) and its “people’s courts”. In November, theCPN (Maoist) pledged to dissolve the “people’sgovernment” and “people’s courts” on the day theinterim parliament was formed.

There were reports of ongoing child recruitmentafter the ceasefire, particularly in the days and weekspreceding the Peace Agreement. Under the PeaceAgreement, both parties pledged not to use childrenaged 18 or below in military activities and to provideassistance for their rehabilitation.

Abuses by other armed groupsOther armed groups, in particular the anti-Maoist“village defence forces” and the Terai JanatantrikMukti Morcha (TJMM), were responsible for humanrights abuses, including unlawful killings andabductions. In July, the CPN (Maoist) declared “war”against the TJMM, a splinter group advocating self-determination for the Madhesi people of the southernTerai region. By the year’s end, there had been nosystematic effort to disarm the village defence forces,which had gained strength in 2005 with the support ofthe security forces.

Human rights violations by the security forcesThe security forces were responsible for unlawfulkillings, enforced disappearances, arbitrary arrests anddetentions, and the widespread use of torture,including rape, in the context of the decade-longconflict. The army regularly resorted to indiscriminateor disproportionate attacks in its battles with the CPN(Maoist), resulting in the deaths of civilians and damageto homes, schools and other civilian objects.

Throughout 2005 and early 2006, the Kingincreasingly used the security forces to controlpeaceful political opposition. The Nepal Police (NP),Armed Police Force (APF) and the Royal Nepalese Army(renamed the Nepal Army in May) were deployed tocurb political demonstrations in early 2006 and wereall responsible for the use of excessive force, accordingto OHCHR investigations. The NP and APF arbitrarilydetained thousands of people during thedemonstrations.

With the cessation of hostilities in May, conflict-related violations ended almost completely. The ArmyBill adopted by the parliament in September containedprovisions to bring the army under civilian control butdid not adequately address concerns regardingjurisdiction for violations of human rights andhumanitarian law committed by the military.

AccountabilityMeasures to address past violations and abuses wereinadequate.

In May, the SPA government appointed a Commissionof Inquiry chaired by a former Supreme Court judge toinvestigate human rights violations committed in thecontext of suppressing the People’s Movement. TheCommission delivered its report to the SPA governmentin November but its findings were not made public. TheCommission reportedly recommended action againstmore than 200 people, including King Gyanendra,senior ministers and security officials. The SPAgovernment formed a committee to study the report.

In early June, the Home Ministry established a one-person Disappearances Committee without thecapacity to investigate the hundreds of unresolvedcases of enforced disappearance.

Authorities were reluctant to proceed with criminalinvestigations into past human rights violations, evenwhen presented with detailed reports by local humanrights defenders and the OHCHR. Neither the securityforces nor the CPN (Maoist) took concrete steps tostrengthen accountability within their ranks.

Women’s rightsViolence against women was not widely recognized asa human rights issue. Gender-based violence wasunder-reported, partly due to fear of retaliation andto the scarcity of shelter and other support services.Widows and single women were particularly at risk ofviolence and harassment.

Many women human rights defenders believed thatthe political transition presented an opportunity tosecure more equitable representation in governmentand press for legal reform. Lawyers estimated that


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there were at least 118 discriminatory provisionscontained in 54 different laws, including the 1990Constitution.

Internally displaced peopleBetween 100,000 and 250,000 people were displacedduring the conflict. Following the cessation ofhostilities in May, some internally displaced people(IDPs) began to return to their communities, butprevailing security concerns discouraged large-scalereturns. Despite the repeated commitments of bothparties to ensure the safe return of IDPs, there were nocomprehensive policies to provide necessaryassistance and protection.

Bhutanese refugeesToward the end of 2006, there were moves to resolvethe plight of around 106,000 Bhutanese refugees livingin camps in south-eastern Nepal after their forcedexpulsion from Bhutan in the early 1990s. The SPAgovernment attempted to reopen talks with thegovernment of Bhutan, suspended since 2003. InOctober, the USA offered to resettle up to 60,000refugees and other countries said they would provideresettlement. Refugees were reportedly divided aboutthe offers, with some fearing that acceptingresettlement would end all hopes for repatriation toBhutan and legitimize “ethnic cleansing”.

AI country reports/visitsVisitsAI delegates visited Nepal in February, March andDecember.

NETHERLANDSKINGDOM OF THE NETHERLANDSHead of state: Queen BeatrixHead of government: Jan Peter BalkenendeDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

New legislation increased the length of time peoplecharged with terrorism offences could be detainedpending trial. Reports of ill-treatment of Iraqidetainees by military personnel in 2003, whichdisclosed war crimes allegations, emerged.

War crimes allegationsAfter allegations emerged that Dutch MilitaryIntelligence personnel had ill-treated severaldetainees in Al-Muthana province in Iraq in 2003, theMinister of Defence confirmed in November that anindependent committee would examine theinterrogation methods used by the MilitaryIntelligence and Security Services in Iraq at that time,including the use of ski goggles, loud music or noise,and water. The Ministry of Defence subsequentlyconfirmed that these methods had been used.

It also emerged that, as early as November 2003, theRoyal Military and Border Police had investigated thetreatment of suspects by the Military Intelligence andSecurity Services, and that the prosecuting authoritiesconcluded in 2004 that no offence had beencommitted. No information about the allegations orinvestigations had previously been provided toParliament or the public.

The standing Review Committee on the Intelligenceand Security Services announced a separateinvestigation.

Imprisonment following refoulementb In June, Syrian national ’Abd al-Rahman al-Musawas sentenced to death for membership of the MuslimBrotherhood after an unfair trial before the SyrianSupreme State Security Court. The Dutch authoritieshad failed to prevent his expulsion from the USA toSyria via the Netherlands in January 2005, or to allowhim to exercise his right to file an asylum applicationdespite warnings about his safety. His death sentencewas immediately commuted to 12 years’ imprisonment.He was reportedly held incommunicado for most of hisdetention, but was eventually allowed some familyvisits. AI considered him a prisoner of conscience, heldsolely for his non-violent beliefs. In May the UNWorking Group on Arbitrary Detention found hisdetention to be arbitrary, given “the gravity of theviolation of the right to a fair trial”.

TerrorismNew legislation with the stated aim of counteringterrorism was officially published in November, but hadnot entered into force by the end of 2006. It provided


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for an increase in the maximum period of pre-trialdetention for people charged with terrorism offences,from 104 days to a further period of up to two years, andfor the prosecution not to be obliged to fully discloseevidence during this further period. Under thelegislation, the detainee would have the right toperiodically challenge both the detention and thedecision not to disclose evidence.

In September, the government proposed measuresthat would make it easier to withdraw residencepermits from non-nationals convicted of any crime.This could increase the number of those designated as“undesirable aliens”. Non-nationals thus designatedcould be deported, banned from re-entry for up to 10years, or imprisoned for up to six months if they remainin the country. If suspected of terrorism, they could bedesignated on the basis of secret intelligence withheldfrom them and their lawyers.

Deaths and detentions of migrantsMigrant children continued to be detained inaccordance with unchanged government policy,although the numbers appeared to decline followingnationwide protests.b In September the independent Dutch Safety Boardreported on its investigation into the October 2005 firein a temporary detention centre at Amsterdam’sSchiphol airport in which 11 irregular migrants died and15 other people were injured. The Board confirmedearlier concerns about unsafe detention conditionsand found that safety recommendations had not beenfully implemented, that guards lacked training andintervened inappropriately, and that other detentioncentres had similar deficiencies. It concluded that“there would have been fewer or no casualties if firesafety was taken more seriously by the governmentauthorities responsible”. Following publication of thereport, the Ministers of Justice and Housing resigned.Their successors announced reorganization ofgovernment departments, strengthened fire safetyregulations, and offered to discuss compensation forthe victims. The criminal investigation into the cause ofthe fire continued. In April the Board criticized theMinister of Immigration for the expulsion of survivorsand other witnesses before they could be interviewed.Shortly before publication of its report, most survivorsstill in the country were granted residence permits.

AI country reports/visitsStatement• The Netherlands: Concerns about Schiphol fire need

urgent follow up (AI Index: EUR 35/001/2006)

NEW ZEALANDNEW ZEALANDHead of state: Queen Elizabeth II, represented by AnandSatyanand (replaced Silvia Cartwright in August)Head of government: Helen ClarkDeath penalty status: abolitionist for all crimesInternational Criminal Court: ratified

A refugee released by the Supreme Court from nearlytwo years’ detention was still under threat ofdeportation on the basis of a secret securityassessment. A taskforce on violence against womenproposed reforms including some within the criminaljustice system.

‘War on terror’The fate of Algerian refugee Ahmed Zaoui continued tohang in the balance pending review of a securityassessment alleging he was a risk to New Zealandsecurity. A senior member of Algeria’s Islamic SalvationFront (Front islamique du salut, FIS) party, he claimedasylum on his arrival in New Zealand in December 2002,and was recognized as a refugee in August 2003. He wassubsequently detained for 23 months – 10 in solitaryconfinement – under a security risk certificate issuedby the Director of Security on the basis of intelligenceinformation to which neither he nor his counsel haveaccess. His appeal against the security risk certificatefiled in March 2003 had still not been heard at the endof 2006.

Violence against womenIn July a joint taskforce on violence against womenmade up of representatives from government, non-governmental agencies and the judiciary released itsfirst report. The taskforce noted that the victims ofextreme family violence in New Zealand arepredominantly women and children, and launched aprogramme of action. Its aims included: a nationwidecampaign to change attitudes to violence; changes in thejustice sector to meet the needs of victims, offendersand family members; and a review of deaths resultingfrom family violence to gain greater understanding ofhow to strengthen prevention systems.

Other concernsIn September the police began a year-long trial of theTaser stun-gun despite concerns expressed by AI, otherhuman rights groups and the Mental HealthCommission.

By the end of 2006 the government had notannounced steps to implement the Action Plan forHuman Rights it commissioned in 2002 and formallyreceived in March 2005.


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NICARAGUAREPUBLIC OF NICARAGUAHead of state and government: Enrique BolañosDeath penalty: abolitionist for all crimesInternational Criminal Court: not ratified

Increasing levels of sexual and domestic violencewere reported. Former agricultural workers sufferinghealth problems as a result of the use of pesticidecontinued to protest at their treatment.

BackgroundIn April, the Central America Free Trade Agreement,which includes the USA, the Dominican Republic andother Central American states, came into effect.

In October, the National Assembly approved a billwhich outlawed all forms of abortion. Previouslyabortions had been permitted in cases where thewoman’s life was at risk. The President signed the billinto law in November.

Presidential and legistlative elections were held inNovember. The candidate of the Sandinista NationalLiberation Front, Daniel Ortega, won. He was due toassume the presidency in January 2007.

Violence against womenIn a report submitted to the Inter-AmericanCommission on Human Rights, national women’sorganizations raised concerns about increasing levelsof violence against women. The inadequate response ofthe authorities remained a serious concern.

Economic, social and cultural rights Poverty remained widespread with 80 per cent of thepopulation living on less than US$2 a day, according to a2006 report by the UN Development Programme (UNDP).

Former agricultural workers suffering healthproblems caused by exposure to the pesticide Nemagónprotested against alleged irregularities and corruptionin the way compensation had been paid to them.According to local non-governmental organizations,more than 1,383 people had died of Nemagón-relatedillnesses between 2003 and 2006.

Indigenous peoplesIn June, Indigenous peoples complained publicly to theInter-American Commission on Human Rights that thegovernment was continuing to violate their rights. Theyalleged that Indigenous communal lands remainedimproperly demarcated and that the governmentcontinued to promote unregulated logging and awardlicences for the exploitation of natural resourceswithout the informed consultation of Indigenouspeoples living in the affected areas.

Lesbian, gay, bisexual and transgender people The media reported homophobic comments made bythe President in March. He was alleged to have ordered

that a list of all members of his government “suspected”of being part of the “gay-lesbian world” be compiled sothat he could dismiss them before leaving office inJanuary 2007. Nicaragua continued to criminalize gayand lesbian relationships.

NIGERREPUBLIC OF THE NIGERHead of state: Mamadou TandjaHead of government: Amadou HamaDeath penalty: abolitionist in practiceInternational Criminal Court: ratified

A military court sentenced more than 100 soldiers toprison terms for mutiny. Freedom of expression cameunder frequent attack.

BackgroundA coalition of workers’ unions and civil societyorganizations, the Fairness/Equality Coalition againstthe High Cost of Living, organized national strikes inJune and July to protest at government economicpolicies that increased the cost of basic utilities such aswater and electricity. Talks between the governmentand the Coalition began but produced no outcome bythe end of 2006.

Trials of military personnelIn March and in October, a military court tried morethan 170 soldiers accused of staging a mutiny in August2002 and convicted more than 100. The defendantswere not permitted to choose their lawyers. Onesoldier was sentenced to nine years’ imprisonment forattempted murder, but most were freed, having alreadyserved four years in pre-trial detention.

Freedom of expression under attackThroughout 2006, the authorities arrested journalistscovering cases of government mismanagement or otherpolitical issues. Several were sentenced to prisonterms.b In September, publisher Mamane Abou andjournalist Oumarou Keita of the weekly Le Républicainwere sentenced to 18 months’ imprisonment on chargesof spreading false news and defaming the state afterpublishing an article accusing the Prime Minister ofseeking favour with Iran. They were released on appealin November.

Threat of mass expulsionIn October, the government announced it would expelsome 100,000 Arab pastoralists from the south-east toChad, reportedly because of rising tensions with


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Indigenous communities. Following internationalprotests, the government announced that it wouldinstead relocate the Mahamid Arabs to more fertilepastoral regions.

AI country reports/visitsReport• Niger: Prisoners of conscience (AI Index: AFR

43/001/2006)

NIGERIAFEDERAL REPUBLIC OF NIGERIAHead of state and government: Olusegun ObasanjoDeath penalty: retentionistInternational Criminal Court: ratified

Politically motivated violence increased ahead ofelections scheduled for 2007. Several candidates forpolitical office were attacked during primaryelections and at least four were reported to havebeen killed. The security forces in the Niger Deltacommitted human rights violations with impunity.Violence against women, including rape by stateemployees, remained widespread. Human rightsdefenders and journalists continued to faceintimidation and unlawful detention. Deathsentences continued to be handed down.

BackgroundA proposed Constitutional amendment that would haveallowed President Obasanjo to remain in office for athird term was defeated in May. However, mediaspeculation that the President was still intent onsecuring a third term remained widespread.

Primary elections ahead of the 2007 elections tookplace amid heightened political violence.Investigations by the Economic and Financial CrimesCommission (EFCC) of 31 of Nigeria’s 36 state governorsand the impeachment of four state governorsexacerbated political tensions. Two impeachmentswere overturned by the courts in December. InSeptember Vice-President Atiku Abubakar, whoopposed the third term amendment, was suspendedfrom the ruling party because of allegations ofcorruption. He later confirmed he would stand for thepresidency in 2007 as a candidate for the oppositionAction Congress party. In December PresidentObasanjo instituted proceedings to replace AtikuAbubakar as Vice-President, a process which couldleave him open to arrest. Atiku Abubakar instituted alegal challenge to his removal as Vice-President.

In March Liberian President Ellen Johnson-Sirleafasked the Nigerian government to hand over former

Liberian President Charles Taylor to face trial at theSpecial Court for Sierra Leone. Charles Taylorsubsequently escaped but was recaptured by Nigeriansecurity forces, and on 29 March was surrendered tothe Special Court.

In June the Inspector General of Police inauguratedhuman rights desks in police stations in Lagos.However, according to human rights defenders, thesemechanisms, where they existed, lacked adequateresources and were inefficient.

Death penaltyApproximately 500 prisoners were estimated to be ondeath row. No executions were reported. However, atleast 18 death sentences were handed down during 2006.

In a report published in January, the UN SpecialRapporteur on extrajudicial, summary or arbitraryexecutions (who visited Nigeria in 2005) highlightedthree main concerns related to the death penalty. Henoted widespread procedural irregularities, includingthe use of torture by the police to extract confessionsand a lack of legal representation in capital cases. Hecriticized death row conditions as atrocious and statedthat the average 20-year stay on death row wasunacceptable. He also criticized the imposition of deathby stoning for adultery or sodomy in 12 states, incontravention of Nigerian and international law.

On 1 October, 107 death row inmates reportedly hadtheir sentences commuted to life imprisonment as partof the country’s Independence Day celebrations.

Oil, injustice and violenceHuman rights violations by the security forces were afrequent occurrence in the Niger Delta. Violationsincluded extrajudicial executions, torture anddestruction of homes.

2006 saw a rise in attacks on oil installations bymilitants in the Niger Delta. Dozens of oil workers werekidnapped. A newly emerged group – the Movement forthe Emancipation of the Niger Delta (MEND) – claimedresponsibility for several kidnappings as well as attacksthat resulted in the deaths of more than 10 members ofthe security forces. The attacks in the Niger Delta resultedin oil production dropping by approximately 25 per cent.

Armed groups in the Delta were reported to be forginglinks with politicians ahead of elections in April 2007,leading to fears of increased violence. Local non-governmental organizations reported that dozens ofpeople died during political violence and several primaryelections were postponed as a consequence of violence.b No action was known to have been taken to bringto justice members of the security forces suspected ofbeing responsible for grave human rights violations inOdioma in February 2005, when a raid by members ofthe Joint Task Force resulted in at least 17 people beingkilled and acts of torture, including rape of women. Thereport of the Judicial Commission of Inquiryestablished in the aftermath of the Odioma incidentwas not made public. Members of the security forcesreportedly remained in Odioma and further humanrights violations were reported in February. Nosubsequent reports of violations were received.


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b The report of the Judicial Commission of Inquiryinto an incident on 4 February 2005, during whichsoldiers fired on protesters at Chevron’s Escravos oilterminal killing one man and injuring at least 30 others,had not been made public by the end of 2006.

Extrajudicial executionsExtrajudicial executions by members of the police andsecurity forces continued to be widespread. Theseincluded civilians being killed by police during routineroad checks or for refusing to pay a bribe, shootings ofsuspected armed robbers on arrest, and extrajudicialexecutions of detainees. Despite the alarming numberof such killings, the government took very little actionto address the problem.b In August, 12 suspected armed robbers, including aboy under the age of 18, were reportedly extrajudiciallyexecuted by police in Abia State. The victims had beenarrested during a raid in which four other suspects werekilled. On 10 August Abia police displayed the suspectsto journalists and other spectators. An eyewitnessstated that some of the suspects appeared to havegunshot wounds. On 11 August the dead bodies of the 12suspects were seen dumped outside the morgue at agovernment hospital, reportedly taken there by police.No action was taken to investigate the deaths or bringthe perpetrators to justice.

Political violenceThere was widespread violence linked to state andfederal elections due to be held in April 2007, includingpolitical assassinations and violent clashes betweensupporters of different candidates during the primaryelections, particularly within the ruling People’sDemocratic Party (PDP). The government failed to takeeffective action to deal with the violence or to addressthe role of politicians in fomenting it. Policeinvestigations and arrests following someassassinations and political violence were criticized aspolitically tainted.

In August the Inspector General of Police wasreported in the independent media as saying thatpoliticians were recruiting students to engage inpolitical violence. In the same month the Commissionerof Police of Ebonyi State claimed that a number ofpolitical candidates had reportedly started to train“thugs” in preparation for the elections. TheCommissioner warned all candidates for political officeto cease such activities, but no further action wasreported. There were similar allegations thatpoliticians were endorsing and encouraging politicalviolence in several states during 2006.b On 27 July Chief Funsho Williams of the PDP,candidate for Governor in Lagos State, was killed athis home. The Inspector General of Police stated that244 suspects were arrested in connection with hismurder, including his political associates, personalaides and four policemen. By the end of the year, 209 suspects had been released for lack of evidence,while 35 remained in police custody. The specificcharges against those who remained in detentionwere unclear.

b On 14 August Dr Ayo Daramola, a candidate forGovernor in Ekiti State, was fatally stabbed at his home.Police arrested eight people in connection with themurder, including an aide to the former Ekiti StateGovernor, Ayo Fayose, who was impeached in Octoberin connection with an unrelated matter. One othersuspect was reportedly shot evading arrest.

Violence against womenViolence against women, including domestic violenceand sexual violence by state officials and privateindividuals, remained pervasive. Underlying factorsincluded the entrenched culture of impunity for humanrights violations committed by the police and securityforces, and the authorities’ consistent failure toexercise due diligence in preventing and addressingsexual violence by both state and non-state actors.

In August a Bill to incorporate the UN Women’sConvention in domestic law was presented to theSenate. No further progress was made by the end of theyear. The Domestic Violence and Other Related MattersBill, which was debated by the Lagos House ofAssembly, had not become law by the end of the year.

In December the Federal Government announcedthe introduction of a Bill on reform of discriminatorylaws against women and a Bill on elimination ofviolence from society, which would cover all forms ofviolence including domestic violence.

Prisoner releases, pre-trial detentionIn January the Federal Government announced aninitiative aimed at speeding up the trial or unconditionalrelease of up to 25,000 inmates out of a prisonpopulation estimated by the government at 45,000.However, no tangible results were seen by the end of theyear. In November the government announced a case-by-case review of the prison population. Again, noaction was evident by the end of the year.

An estimated two-thirds of all people held in prisonswere awaiting trial, and the average pre-trial detentionperiod was estimated to be at least five years, withmany people detained for 10 years or more withoutgoing to trial.

ImpunityA Judicial Commission of Inquiry established toinvestigate the killing by police of five Igbo traders andone woman in June 2005 submitted its report to thegovernment in August 2005. The report was publishedby a civic organization, the CLEEN Foundation. Eightpolice officers were charged with murder. The trial hadnot concluded by the end of the year. On 14 August theAbuja High Court granted bail to two of the accused, aDeputy Commissioner of Police and a constable.

Journalists and human rights defendersHuman rights defenders and journalists critical of thegovernment, and in particular of President Obasanjo,continued to face intimidation and harassment.

In June Bukhari Bello was dismissed as ExecutiveSecretary of the Nigerian National Human RightsCommission, four years before the expiry of his contract.


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The termination of his tenure appeared to have beenrelated to his comments on the repression of the mediaby security agencies and his criticism of the government.b On 8 November the managing editor of The Newsnewspaper, Babafemi Ojudu, was detained overnight inAbuja reportedly on the orders of the InspectorGeneral of Police. He was not formally charged, but wasquestioned about an allegation by a murder suspectthat he had tried to generate false allegations about animpeached state governor.b On 22 December the head of the editorial board ofthe privately owned Thisday newspaper, GodwinAgbroko, was found shot to death in Lagos in suspiciouscircumstances.

Forced evictionsSeveral incidents of forced evictions were reported aswell as frequent threats of forced eviction. Nigeria wasnamed one of the three worst violators of housingrights by the Centre on Housing Rights and Evictions.

Development under the Abuja Master Plan resultedin several incidents of forced evictions. In Novemberthe Minister of the Federal Capital Territory reportedlystated that some 80 per cent of the houses demolishedin Abuja city centre and its environs did not qualify forcompensation because they had been built illegally.

Bill outlawing same-sex relationshipsIn January the Minister of Justice presented to theFederal Executive Council a Bill outlawing same-sexmarriages, involvement in same-sex marriages andsame-sex relationships in public or in private. The draftbill provided five years’ imprisonment for any personinvolved in a same-sex marriage or who aided orabetted such a union. The draft bill also prohibited theregistration of gay organizations. The Bill waspresented to the Senate in April. No further progress onthe bill had been made by the end of the year.

AI country reports/visitsReports• Nigeria: Rape – the silent weapon (AI Index: AFR

44/020/2006)• Nigeria: Oil, poverty and violence (AI Index: AFR

44/017/2006)• Nigeria: Government interference with the

independence of the National Human RightsCommission (AI Index: AFR 44/012/2006)

• Nigeria: Same Sex Bill negates Nigeria’s obligationsto fundamental human rights (AI Index: AFR44/013/2006)

• Nigeria: AI statement for the public hearing on thedomestic violence and related matters bill (AI Index: AFR 44/010/2006)

• Nigeria: Open Letter to President Obasanjo (AI Index: AFR 44/008/2006)

• Nigeria: Making the destitute homeless – forcedevictions in Makoko, Lagos State (AI Index: AFR44/001/2006 )

VisitsAI delegates visited Nigeria in January/February and inNovember/December.

OMANSULTANATE OF OMANHead of state and government: Sultan Qaboos bin SaidDeath penalty: retentionistInternational Criminal Court: signed

Important improvements were made to the labourlaw but these did not apply to domestic workers, whowere mostly foreign migrants and who continued tobe subject to exploitation and abuse by employers. Apossible prisoner of conscience was released aftercompleting her prison sentence. At least one prisonerremained under sentence of death.

BackgroundIn August activists were banned from staging a peacefulchildren’s demonstration outside the UNICEF Office inMuscat against Israeli attacks on Lebanon.

In September, Oman signed a free trade agreementwith the USA.

Political trialsIt emerged during 2006 that at least 18 military officershad been tried in June 2005 reportedly accused ofinvolvement in a conspiracy to overthrow thegovernment. They were convicted and received prisonsentences ranging from three to 25 years following atrial before a military court, but all were releasedfollowing a royal pardon in July 2005. Some 31 civilianshad been tried separately before the State SecurityCourt (SSC) in May 2005 on charges of threateningnational security, but they too were pardoned andreleased.

Human rights activist releasedHuman rights activist and former member ofparliament Taiba al-Mawali was released from prisonon 31 January after serving a six-month sentence. Shewas arrested in June 2005 and prosecuted for sendingmessages by mobile phone and the Internet in whichshe criticized the trial of 31 men before the SSC in May2005. She received an 18-month prison term, reduced tosix months on appeal. Taiba al-Mawali was a possibleprisoner of conscience.

Employment rightsAmendments to the 2003 Labour Law, introduced in Julyby decree 74/2006, established legal rights to form tradeunions, engage in collective bargaining and carry outunion duties free from official pressure or interference.It also prohibited forced or coerced labour. However,domestic workers, many of whom were foreign migrantsand women, were not covered by the law.

Women’s rightsOman acceded to the UN Women’s Convention inFebruary and the authorities later announced that acommittee had been established to promote its


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implementation. However, women continued to besubject to discrimination both in national law and inpractice, notably in terms of personal status,employment and participation in public life.

The UN Special Rapporteur on trafficking in persons,especially women and children, visited Oman inNovember. In her initial findings, the SpecialRapporteur expressed concern about reports of ill-treatment and abuse of domestic workers byemployers, including sleep deprivation, withholdingpayment of salaries, restrictions on movement anddenial of access to basic communications including useof the telephone. The Special Rapporteur also foundthat women from Central and East Asian countries hadbeen trafficked into Oman for prostitution.

Death penaltyAt least one prisoner, Zuhair Islam Abdul Haq, aBangladeshi national convicted of murder in 2004, wasbelieved to be under sentence of death.

PAKISTANISLAMIC REPUBLIC OF PAKISTANHead of state: Pervez MusharrafHead of government: Shaukat AzizDeath penalty: retentionistInternational Criminal Court: not ratified

Scores of people suffered arbitrary detention andenforced disappearance. Victims included terrorsuspects, Baloch and Sindhi nationalists, andjournalists. Unlawful killings were carried out withimpunity. The blasphemy laws were used topersecute members of religious minorities. “Honour”killings continued to be reported. Tribal and religiouscouncils unlawfully exercised judicial functions andenforced cruel, inhuman and degradingpunishments. At least 446 people were sentenced todeath. The number of executions reported, 82,including one juvenile, was a steep increase from theprevious year.

BackgroundWhile the confrontation between the army andnationalist activists intensified in Balochistan province,in the tribal areas the government agreed a peace pactwith tribal elders and local Taleban. The Septemberagreement apparently allowed tribal fighters to findshelter and to set up quasi-governmental structures,collect taxes, impose their “penal code” and exercisequasi-judicial functions.

Some people were publicly executed by vigilantegroups seeking to impose their own interpretation of

Islamic norms. More than 100 people were killed in thetribal areas, apparently for co-operating with thegovernment. Many decapitated bodies were found withnotes warning others not to support the government.

The dialogue with India faltered when Indian policeaccused Pakistan of involvement in bomb blasts inMumbai, and Pakistan accused India of supportingBaloch nationalists. It resumed towards the end of theyear.

Arbitrary detention/enforced disappearancesScores of people suspected of links to terrorist groups,Baloch or Sindhi activists, and journalists werearbitrarily detained and subjected to enforceddisappearance. State agents denied knowledge ofwhereabouts to relatives and when questioned in courtduring habeas corpus hearings. Those releasedreported being tortured and ill-treated.b Abdur Rahim Muslim Dost, an Afghan settled inPakistan, and his brother were released in April 2005from Guantánamo Bay after more than three years’detention. In September, he was arrested again inPeshawar, apparently in connection with a bookrecording the brothers’ experiences. Habeas corpushearings were repeatedly adjourned. In Decemberstate agencies denied holding him. His fate andwhereabouts remained unknown at the end of the year.b Munir Mengal, director of the first independentBaloch-language TV channel, launched in Dubai, wasarrested by intelligence agency officials on 4 April atKarachi airport. His fate and whereabouts remainedunknown. Relatives were told by immigration officialsthat he had been taken away by Inter ServicesIntelligence personnel. Police refused to register acomplaint. During hearings of his habeas corpuspetition in July, the Sindh High Court was told by theMinistry of Defence that none of its agencies washolding him and that the Ministry had onlyadministrative, not operational, control over theseagencies and therefore could not enforce compliancewith court orders.

Excessive use of force and unlawful killingsImpunity for unlawful killings of criminal suspects andpolitical opponents of the government contributed totheir increase.b In June, the body of Hayatullah Khan was foundshot dead in North Waziristan. He was abducted inDecember 2005 after disseminating photographicevidence that a drone attack had been carried out by USforces, thereby contradicting official accounts. Officialshad told relatives on several occasions that he wouldsoon be released. The reports of two official inquirieswere submitted to government but not made public.b In January between 13 and 18 people werereportedly unlawfully killed by missiles fired from USdrones in the tribal areas, and in October at least 82people died in a similar attack. In both attacks childrenwere reportedly killed. State officials described thevictims as “militants” but had made no attempts toarrest them or to stop their activities. In October,officials claimed that Pakistani helicopters alone had


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carried out the attack, despite eyewitnesses describingbomb explosions 20 minutes before the helicoptersarrived. No investigation was carried out.

Failure to protect minoritiesAt least 44 registered cases of blasphemy were reportedduring 2006. Blasphemy cases took years to conclude.The accused were rarely released on bail and wereoften ill-treated in detention.b Ranjha Masih was acquitted of blasphemy inNovember by the Lahore High Court for lack ofevidence. He was sentenced to life imprisonment in2003 after being arrested during the funeral in 1998 of aCatholic bishop who committed suicide to protest at thetargeting of Christians.

Violence against women“Honour” killings, domestic violence including maimingand harmful traditional practises continued at a highlevel. Jirgas, councils of elders, which the Sindh HighCourt had banned in 2004, continued to “sentence” girlsand women to cruel punishments.b In Mardan and Swabi districts, 60 girls and womenwere handed over to their families’ opponents to settleconflicts and as compensation for murder in threemonths in mid-2006.

In November, parliament passed an amendment tothe Hadood Laws which continued to criminalizeheterosexual consensual sex outside marriage, butprovided that complaints of sex outside marriageshould be investigated by a court to establishadmissibility before formal charges are laid. Under theZina Ordinance, police had frequently arrested couplesdeemed not lawfully married by their relatives andcharged them with fornication. The new law alsobanned charging a woman with fornication if she hadcomplained of being raped but was unable to proveabsence of consent.

A presidential ordinance to allow bail for womenundergoing trial for all offences except murder,corruption and terrorism was introduced. Some 1,300 women held on fornication charges werereleased on bail.

Children’s rightsThe appeal against the Lahore High Court judgement ofDecember 2004 which declared the Juvenile JusticeSystem Ordinance (JJSO) unconstitutional, remainedpending. The temporarily reinstated JJSO continued tobe poorly implemented as many areas remainedwithout parole officers and the number of juvenilecourts remained insufficient and in some areas therewere none. Juveniles continued to be tried with adults.

Death penaltySome 446 people were sentenced to death, mostly formurder. Eighty-two people were executed, mostly inPunjab province.b Mutabar Khan, believed to be 16 at the time of analleged murder in 1996, was executed in PeshawarCentral Prison in June 2006. He did not benefit from thePresidential Commutation Order of 2001, which

overturned the death sentences of all juveniles then ondeath row, as he could not prove his age. The family ofthe murder victim had earlier agreed to pardon him inreturn for compensation, but later retracted the pardon.b In November, President Musharraf commuted thedeath sentence of Mirza Tahir Hussain after hisexecution date had been postponed several times. Hehad been sentenced to death in 1998 for murder androbbery. Different courts had reached divergentjudgements in this case, ranging from acquittal to thedeath penalty.

Earthquake reliefInternational relief agencies said that manyreconstruction programmes faced funding deficits anddelays due to administrative difficulties and lack ofinformation about victims’ needs. The earthquake inOctober 2005 killed almost 73,000 people and renderedmore than 3.5 million homeless.

AI country reports/visitsReports• Pakistan: Unlawful executions in the tribal areas

(AI Index: ASA 33/013/2006)• Pakistan: Human rights ignored in the “war on terror”

(AI Index: ASA 33/036/2006)• Pakistan: Working to stop human rights violations

in the “war on terror” (AI Index: ASA 33/051/2006)VisitsAI delegates attended the World Social Forum in March,and held a workshop on enforced disappearancesjointly with the non-governmental Human RightsCommission of Pakistan in Islamabad in September. Thegovernment denied responsibility for widespreadenforced disappearances documented by AI; PresidentMusharraf described the report as “nonsense” to whichhe did not wish to respond.


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PALESTINIANAUTHORITYPresident: Mahmoud AbbasPrime Minister: Isma’il Haniyeh (replaced Ahmad Qurayin March)Death penalty: retentionist

Palestinians in the Occupied Palestinian Territories(OPT) suffered wide-ranging human rights abusesand humanitarian conditions deterioratedsignificantly due to military and punitive economicactions by Israel, cuts in international aid andgrowing violence between rival Palestinian politicalfactions. Killings of Palestinians by Israeli forcesincreased threefold compared to the previous year,totalling more than 650; some of the victims weremilitants engaged in violence against Israel, but halfwere unarmed civilians. Palestinian armed groupscarried out further attacks on Israelis, killing 27Israelis, half the previous year’s figure, of whom 21were civilians. Inter-factional violence between rivalPalestinian security forces and armed groupsincreased; some 150 people were killed in gunbattles and attacks, including scores of civilianbystanders. Abductions of Palestinians and foreignnationals, notably journalists and aid workers, werefrequent. Foreigners were promptly releasedunharmed, whereas some Palestinians were killed orill-treated. Impunity remained widespread, with lawenforcement and the administration of justicevirtually paralysed by inter-factional confrontations.

BackgroundInter-factional tensions increased after PresidentMahmoud Abbas’ Fatah party, which had ruled thePalestinian Authority (PA) since its establishment morethan a decade earlier, was defeated by the IslamicResistance Movement (Hamas) in parliamentaryelections in January. Hamas formed a government,headed by Prime Minister Isma’il Haniyeh, in March.Armed confrontations between rival security forcesand armed groups increased as repeated attempts toform a coalition government of national unity failed. InDecember President Abbas announced his intention tocall presidential and parliamentary elections, sparkinga new wave of inter-factional fighting.

Following the establishment of a government led byHamas, which refused to recognize the state of Israel,the Israeli government began confiscating tax dutiesdue to the PA, and key Western donors ceased directaid to the PA government on the grounds that theyconsidered Hamas a “terrorist organization”. Thiscreated a deepening crisis in the Palestinian economy,exacerbated by frequent Israeli military attacks onPalestinian infrastructure and a blockade imposed byIsrael on the OPT. The Gaza Strip bore the brunt of the

Israeli bombardments and blockade. At the same time,Palestinian armed groups increased their firing ofhomemade “Qassam” rockets from the Gaza Strip intothe south of Israel, notably in the second half of theyear.

Deteriorating economic and social conditionsConditions for Palestinians in the OPT deterioratedthroughout the year. Their economic situation was hithard by Israel’s confiscation of import tax duties thatit collects on behalf of the PA, half the entire PAgovernment budget; the cut in aid to the PAgovernment by international donors, notably theEuropean Union (EU) and the USA; and bankingsanctions imposed by Israel, which prevented thetransfer of funds to the Hamas administration. Themeasures left the PA government, the largestemployer in the OPT, unable to pay salaries or deliverhealth, education and other key services to three anda half million Palestinians living under Israelioccupation in the West Bank and Gaza Strip.

The international community took no measures torequire Israel, as the occupying power, to meet itsobligation under international law to ensure the basichumanitarian needs of the Palestinian population. TheEU established a Temporary International Mechanism(TIM) in an effort to reduce the humanitarian crisis.However, by the end of the year it was still not fullyoperational and did not prevent further deteriorationof the already overstretched health sector, which couldnot cope with a growing number of patients. Theincreased demand was caused by the numerouscasualties of Israeli military attacks and the patientswho were prevented from seeking treatment abroad bythe continuing Israeli blockade on the Gaza Strip.

Education and other crucial public services weresimilarly affected by the lack of funds, particularlywhen the PA was unable to pay the salaries of morethan 150,000 public sector workers for several months.In September teachers joined other public sectorworkers striking to protest against the non-payment oftheir salaries. The education of hundreds of thousandsof children was disrupted as a result. In December UNaid agencies launched a US$450 million emergencyappeal in response to the growing needs of thePalestinian population.

Destruction of Palestinian infrastructure by Israeliforces caused long-term damage and a furtherworsening of living conditions. In June, Israeli forcesbombed and badly damaged the Gaza Strip’s onlypower plant, which supplied electricity to half of its 1.5million inhabitants and left them without electricityfor most of the day throughout the hottest months ofthe year, and often without water that is extractedand distributed using electricity. Israeli forces alsobombed bridges, roads, and water and sewagenetworks. Hundreds of Palestinians were madehomeless as scores of buildings were destroyed anddamaged by Israeli air strikes and artillery shelling inthe Gaza Strip. Other homes were demolished byIsraeli bulldozers in the West Bank, including in theEast Jerusalem area.


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ConflictPalestinian armed groups launched a growing numberof “Qassam” rockets from the Gaza Strip into the southof Israel. These indiscriminate rockets killed two Israelicivilians and injured several others, and causedwidespread alarm, although most resulted in nocasualties.

The main Palestinian parties, notably Fatah andHamas, restated their 2005 commitment to refrain fromkilling Israelis – known as the tahadiyeh (quiet) – butcontinued to carry out attacks on Israelis together withother groups. However, the number of Israelis killed insuch attacks decreased to half the previous year’sfigure and to the lowest level since the beginning of theintifada in 2000. In total, 21 Israeli civilians, including achild, and six soldiers were killed in Palestinian attacks.The deadliest attack was a suicide bombing claimed bythe armed wing of Islamic Jihad on 17 April, which killed11 civilians and injured 68 others in Tel Aviv. A secondsuicide attack killed four Israeli settlers, including a 16-year-old child, near the Israeli settlement of Kedumim,in the northern West Bank, on 30 March. The al-AqsaMartyrs’ Brigades, Islamic Jihad and the PopularResistance Committees (PRC) claimed responsibility formost attacks. In June the armed wing of Hamas and thePRC claimed responsibility for an attack on an Israelimilitary base near the Gaza Strip in which two soldierswere killed and a third was captured. Hamasannounced that the soldier, Corporal Gilad Shalit,would only be freed in exchange for the release of someof the 10,000 Palestinians in Israeli jails. Negotiationswere reportedly ongoing but no exchange of prisonershad been agreed by the end of the year.

Killings of Palestinians by Israeli forces increasedthreefold compared to the previous years (see Israel andthe Occupied Territories entry). Some 650 Palestinians,half of them unarmed civilians and including about 120children, were killed in Israeli air strikes, artilleryshelling and reckless shooting into densely populatedrefugee camps and residential areas. Israeli forcesbombed and destroyed several PA governmentministries and other buildings, housing charities andinstitutions linked to Hamas. Israeli attacks escalateddramatically after the capture of Gilad Shalit in June.Most of the Israeli attacks targeted the Gaza Strip,although scores of Palestinians were also killed in townsand villages throughout the West Bank.

Unlawful killings, lawlessness and impunitySecurity forces loyal to the previous PA Fatahadministration and the al-Aqsa Martyrs’ Brigades andother armed groups linked to Fatah challenged theauthority of the new Hamas administration, which setup a new security force made up of its loyalists. Armedconfrontations between rival security forces andarmed groups were particularly frequent in the GazaStrip, where family feuds and common law crimes oftenwere intertwined with political violence. Bystanderswere frequently caught in the crossfire and scores werekilled and injured amid growing lawlessness.b Ten-year old Ousama Ba’lousha and his twobrothers, Ahmad and Salam, aged seven and four, were

shot dead in Gaza City on their way to school on 11 December, when gunmen opened fire at the car inwhich they were travelling. The boys’ father, a high-ranking officer in the PA intelligence services, hadreportedly survived an assassination attempt somemonths earlier. Fatah and Hamas blamed each other forthe killings of the children but the perpetrators werenot brought to justice.

The proliferation of unlicensed weapons helpedfuel the violence and insecurity. PA law enforcementand judicial authorities were unable or unwilling tocarry out their duties. Victims of abuses were deniedjustice and redress, while the perpetrators of abuseswere not held to account. In the West Bank, the Israeliarmy continued in practice to prevent PA securityforces from operating in many areas ostensibly underthe jurisdiction of the PA. The economic crisis and thegovernment’s inability to pay civil servants and others employed directly by the PA, includingmembers of the security forces, led to strikes anddemonstrations, some of which developed into riotssuch as in June and September when security officialsstormed the parliament and ministries, destroyingpublic property.

Abductions and other unlawful killingsScores of Palestinians and some 20 foreign journalistsand aid workers were abducted by Palestinian armedgroups, mostly in the Gaza Strip. All the foreignnationals were released unharmed, mostly withinhours, but two journalists were held for two weeks inAugust. The captors usually demanded jobs orpolitical concessions from the PA in exchange for therelease of their foreign hostages. Abductions ofPalestinians took place in the context ofconfrontations between rival armed groups, securityforces and feuding families, but little information wasknown about the identities of the victims or thedemands made for their release. Most were released,but several were killed, including some who theircaptors accused of “collaborating” with Israelisecurity services. Killings of alleged “collaborators”were claimed by or were believed to have beencarried out by the al-Aqsa Martyrs’ Brigades and otherFatah splinter groups.

Violence against womenWomen continued to suffer from the negative impactof the occupation and conflict, including thedestruction of homes, increased poverty andmovement restrictions that further restricted theiraccess to health services and education. While therewere increased demands on women as carers andproviders, the deteriorating situation contributed toincreased family and societal violence. At least fourwomen were killed by male relatives in “honour”crimes in the Gaza Strip.b In August, Faiza ‘Id Abu Sawawin was shot dead inthe Gaza Strip, reportedly by a member of her family,for reasons of “family honour”. It could not beconfirmed whether the man who killed her wasdetained.


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AI country reports/visitsReports• Israel/Occupied Territories: Briefing to the UN

Committee on the Elimination of RacialDiscrimination (AI Index: MDE 15/002/2006)

• Israel and the Occupied Territories: Road to nowhere(AI Index: MDE 15/093/2006)

VisitsAI delegates visited areas under the jurisdiction of thePA in April, May, June, November and December. InApril, they met Prime Minister Haniyeh and other PAgovernment officials and submitted a memorandumdetailing AI’s concerns and recommending measures toimprove human rights in the PA. In December theorganization’s Secretary General headed a delegationthat visited the West Bank and Gaza Strip. She met thePA President and representatives of the Hamas-ledgovernment and expressed concern about thedeteriorating human rights situation and increasinglawlessness, and called for an end to impunity in theareas under the PA jurisdiction.

PAPUA NEWGUINEAPAPUA NEW GUINEAHead of state: Queen Elizabeth II, represented by PauliasMataneHead of government: Michael SomareDeath penalty: abolitionist in practiceInternational Criminal Court: not ratified

There were high levels of violent crime across thecountry. The police continued to enjoy impunity forhuman rights violations. There was endemic violenceagainst women and children.

Law and orderThere were high levels of violent crime across thecountry. Land disputes, riots and violence betweencommunities were common. At least 70 people werebelieved to have died in 2006 in the long-running feudbetween the Ulga and Kulga tribes in the Nebilyerregion of the Western Highlands.

A state of emergency, which was declared in Augustin the Southern Highlands, remained in place at the endof the year.

In Bougainville, former combatants who hadremained outside the peace process rearmed,contributing to the high level of gun crime on the island.

A report by the National Gun Committeerecommending reforms to combat the proliferation ofillegal firearms had still not been tabled to Parliamentone year after its submission to the government.

There were major changes in the leadership of thepolice force. There was little public confidence in theability of the police to fight crime. The policecomplained of limited resources; however, they oftenappeared to actively avoid involvement in sensitivelocal cases for fear of reprisals. Poor data collection bythe police, or incompetent prosecution, particularly incases of violence against women, often underminedefforts to deliver justice, and many cases weredismissed by the courts following inadequate ordelayed investigations.

Violations by the policeThere were persistent reports of police brutalityagainst detainees, including rape and other forms oftorture. In the absence of clear and systematicaccountability mechanisms, officers accused ofviolence were rarely investigated or prosecuted.

The government was not known to have respondedto a request by the UN Special Rapporteur on torture tovisit the country made at the beginning of the year.b Although two police officers were charged inJanuary for the shooting of unarmed schoolboys in Engaprovince in October 2005, the police had not sent thecases to the public prosecutor by the end of the year.b By the end of the year, none of the officers accusedof involvement in the rape and other ill-treatment ofwomen and girls arrested during a raid on Three MileGuest House in Port Moresby in March 2004 had facedprosecution.

Violence against womenViolence in the home and community affected themajority of women in the country. Women human rightsactivists undertook essential work offering counselling,shelters and legal advice to survivors of violence, withlittle or no support from the government.

Increases in sexual crimes were reported in at leastthree provinces. Port Moresby, Lae and settlementsaround other cities were the worst affected.

In a high-profile case in January, a provincialgovernor was sentenced to 12 years’ imprisonment forrape. However, few incidents of violence againstwomen were reported or investigated, and theperpetrators were rarely punished.

Women continued to suffer widespread “sorcery-related” abuses. In Chimbu province alone,approximately 150 were believed to be killed each yearfor allegedly practicing witchcraft.

The government initiated some measures to addressthe HIV/AIDS epidemic. However, impunity and socialattitudes surrounding violence against women fuelledthe spread of the disease.

Death penaltyIn April, the new Minister for Justice ruled out a returnto executions and said that he would work towardsabolishing the death penalty.


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Three men who had been under sentence of deathsince 1997 had their sentences commuted to lifeimprisonment after the appeal court found that the trialjudge had mistakenly assumed he was required by lawto impose the death penalty.

AI country reports/visitsReports• Papua New Guinea: Violence against women – not

inevitable, never acceptable! (AI Index: ASA34/002/2006)

• Papua New Guinea: Women human rights defendersin action (AI Index: ASA 34/004/2006)

VisitAn AI delegation visited Port Moresby in September.

PARAGUAYREPUBLIC OF PARAGUAYHead of state and government: Nicanor Duarte FrutosDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Journalists were reportedly subjected to threats andattacks during the first half of the year. There werereports of armed civilian patrols operating in thenorth of the country. One community leader waskilled. Prison conditions were poor.

Economic, social and cultural rightsPeasants continued to be evicted from their land whichwas then given to landowners for the monoculture ofsoya bean crops. Indigenous people, women, childrenand the elderly suffered ill-health, malnutrition andhunger.

In August, former President Alfredo Stroessner diedin exile in Brazil. Requests for his extradition wereunsuccessful and he was never brought to trial for themany human rights violations committed during hisrule, including in the context of Operation Condor, ajoint plan by Southern Cone military governments inthe 1970s and 1980s to eliminate opponents.

Threats and attacks against journalistsJournalists were subjected to threats and attacksbecause of their investigative work on politics, drugsand the environment.b In February, Enrique Ramón Galeano, a radiojournalist, disappeared after being seen in a policestation in Azotey in the city of Horqueta. After receivingdeath threats, he was placed under police protection in2005. The prosecutor who had been investigatingEnrique Ramón Galeano’s whereabouts expressedconcern for her own safety.

Prison conditionsPrisons were reportedly overcrowded and conditionsharsh, sometimes amounting to cruel, inhuman ordegrading treatment. In Tacumbú prison in the capital,Asunción, 40 inmates with mental illness reportedlyhad no access to medicines or medical care, nomattress or bedding and lived in unsanitary conditions.A prosecutor filed a legal petition for medicalassistance on their behalf.

Armed civilian patrolsIn July, two community leaders were attacked bymembers of the Neighbourhood Security Commission(Comisión Vecinal de Seguridad), a government-sponsored armed civilian patrol group, in the city ofSan José del Norte, San Pedro department. LuisMartínez, who was shot more than 30 times, was killedand Zacarías Vega was wounded. The attack appearedto be linked to the men’s work raising awareness ofpeasants’ rights, their campaigning against theexcessive use of agricultural pesticides, and theiropposition to the use of firearms by civilian patrols inthe area. Luis Martínez’s family and Daniel Romero,another community leader, and his family receiveddeath threats after they pressed for an investigationinto the shooting. An official investigation waslaunched into the shooting, but there was no news ofany progress at the end of the year.

UN Special Rapporteur on tortureIn November, following a visit to Paraguay, the UNSpecial Rapporteur on torture criticized severe prisonovercrowding and the lack of basic human rights forprisoners, including health care and the provision ofclothing, food and mattresses. He also stated thatdetainees in police stations were widely subjected totorture during the first few days in custody. Heexpressed concern that torture was not criminalized inthe military criminal code and at allegations of beatingsand degrading treatment of conscripts. He stressed theneed to investigate effectively all suspected cases oftorture and bring perpetrators to justice, eradicatecorruption, and increase the use of non-custodialmeasures.

AI country reports/visitsStatements• Paraguay: Fear for safety/death threats (AI Index:

AMR 45/001/2006)• Paraguay: The search for truth and justice continues

(AI Index: AMR 45/002/2006)


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PERUREPUBLIC OF PERUHead of state and government: Alan García (replacedAlejandro Toledo Manrique in July)Death penalty: abolitionist for ordinary crimesInternational Criminal Court: ratified

Discrimination in the provision of maternal andinfant health care to marginalized communitiescontinued. Human rights defenders were threatenedand intimidated. Some progress was made inbringing the perpetrators of human rights violationsin previous years to justice. There were fears that thedeath penalty could be extended.

BackgroundNewly elected President Alan García promised toimplement austerity plans, including wage cuts forgovernment officials and civil servants, and to increaseexpenditure to improve the living conditions of those inpoverty. However, he did not commit himself toimplement the National Human Rights Plan which wasagreed by the government at the end of 2005.

Independent candidates won the majority of votes inthe November regional and municipal elections.

The Constitutional Court ruled that some articles ofthe new legislation on the military and police justicesystem were unconstitutional because they violatedprinciples of independence and impartiality. InDecember, Congress passed legislation allowing themilitary justice system to remain in force until June 2007.

The state of emergency declared in 2003 in variousprovinces in the departments of Ayacucho,Huancavelica, Cusco and Junín, remained in place. Therewere reports that the armed group Shining Path (SenderoLuminoso) continued to be active in these areas.

Two leaders of Shining Path, Abimael Guzmán andElena Iparraguirre, were sentenced in a civilian court tolife imprisonment. Nine other high-ranking members ofShining Path were also sentenced to between 25 and 35years’ imprisonment. Two others were acquitted. Allhad previously been tried and convicted by militarycourts which were neither independent nor impartial.

Right to healthHundreds of women and children from marginalizedcommunities continued to die unnecessarily because ofdiscrimination in the provision of maternal and infanthealth care. Despite the development of state healthinsurance for those on lower incomes, the scheme wasnot reaching many women and children from poorcommunities.

Maternal and child mortality rates remained amongthe highest in the region. In the rural areas thelikelihood of dying from maternity-related causes wastwice as high as in urban areas, and considerabledifferences persisted between urban and rural areas inaccess to medical care.

Human rights defendersHuman rights defenders, including victims of humanrights violations and their relatives, witnesses,prosecutors and forensic experts, continued to bethreatened and intimidated because of their activities.Threats were rarely investigated and none of theperpetrators were brought to justice.

Congress passed legislation which required non-governmental organizations seeking internationalfunding to be supervised by government authoritieswho would assess whether their work complied withnational development policies. There were concernsthat this could restrict the work and independence ofhuman rights defenders.

Environmental concernsScores of demonstrators were injured and one was shotdead during violent clashes with the police and securitypersonnel of the Yanacocha gold mining project inCajamarca Province. The demonstrators had blocked aroad to protest against the environmental impact of ElAzufre dry dock which was under construction by theproject. Following this incident members of the non-governmental organization supporting thecommunities who opposed the gold mining project,Training and Intervention Group for SustainableDevelopment (Grupo de Formación e Intervención parael Desarrollo Sostenible, GRUFIDES), were repeatedlythreatened and intimidated. One of those protestingagainst the project, environmentalist Edmundo BecerraCorina, was shot dead in Yanacanchilla, CajamarcaProvince. He had reportedly received several deaththreats because of his opposition to the expansion ofthe mining company’s activities to San Cirilo hills. Theattack took place days before his meeting with theMinistry of Energy and Mines.

Death penaltyAt the end of the year Congress was considering fourdraft bills, three of which would extend the scope of thedeath penalty to offences including the rape of childrenand of people with physical or mental disabilities, andthe fourth draft bill would regulate the enforcement ofthe death penalty in cases of terrorism. Two of the billsalso proposed the withdrawal of Peru from theAmerican Convention on Human Rights, whichprohibits the extension of the death penalty. At presentthe Constitution allows for the death penalty fortreason in time of war and terrorism. No one had beensentenced to death since the current Constitution cameinto force in 1993.

Justice and impunityFour police officers were sentenced to prison terms ofbetween 15 and 16 years for the enforced disappearanceof student Ernesto Castillo Páez in Lima in 1990. Theywere the first ever members of the security forces to beconvicted of enforced disappearance.

The investigation and prosecution of the 47 cases ofpast human rights violations documented by the Truthand Reconciliation Commission made slow progress.According to the Ombudsman’s Office, only two new


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cases went to trial in 2006, bringing the number ofcases in the judicial system to 24. The rest of the 47cases remained at the investigation stage at the end ofthe year.

The armed forces continued to refuse to co-operatewith civilian courts trying and investigating militaryofficers accused of past human rights violations.

Legislation was passed to grant legal aid to militaryofficers accused of past human rights violations. Nolegal aid was granted to victims of violations and theirrelatives, despite reports that nearly 70 per cent ofvictims had no access to legal representation.

Congress passed the Regulation of theComprehensive Reparation Plan to provide redress tovictims of human rights violations during the 20-yeararmed conflict. The National Council of Reparations,responsible for creating an official registry of victims,was established in October.

Ollanta Humala, runner-up in the presidentialelections, was charged with offences including murderand enforced disappearance committed when he was acaptain at a military base in San Martín department,northern Peru, between 1991 and 1992. Theinvestigation had not concluded by the end of the year.

For the third time, the Special Attorney’s Office onForced Disappearance, Extrajudicial Execution andExhumations of Mass Graves closed the investigationinto the alleged responsibility of President Alan García,former members of his cabinet and top-ranking militaryofficers in the killing of at least 118 inmates by navyofficers during a riot in 1986 at the El Fronton prison inLima. Human rights organizations representing thevictims’ relatives and some of the survivors appealedagainst the decision. The appeal remained pending atthe end of the year.

Inter-governmental organizationsThe Committee against Torture expressed concern atcontinuing complaints of torture against the police, themilitary and prison officials, as well as allegations ofreprisals, intimidation and threats against those whoreported these violations. The Committee urged Peru toguarantee prompt, impartial and thoroughinvestigations in the civilian criminal justice system.

The Committee on the Rights of the Child expressedconcern about high levels of poverty and urged Peru totake action to ensure universal access to basic goodsand services, including housing and clean drinkingwater, paying special attention to remote and ruralareas.

AI country reports/visitsReport• Peru: Poor and excluded women – Denial of the right

to maternal and child health (AI Index: AMR46/004/2006)

VisitAI delegates attended the III National Conference onthe Right to Health in Lima in July.

PHILIPPINESREPUBLIC OF THE PHILIPPINESHead of state and government: Gloria Macapagal ArroyoDeath penalty: abolitionist for all crimesInternational Criminal Court: signed

A one-week State of Emergency was declared inresponse to alleged coup conspiracies. Rights ofpeaceful assembly were restricted and rebellioncharges filed against prominent leftist politicians andothers. Political killings of leftist activists continued asthe government declared “all-out war” on communistrebels. A police task force and Commission of Inquiryestablished to investigate the killings resulted in only alimited number of arrests and prosecutions. Arbitraryarrests and enforced disappearances were reported inthe context of counter-insurgency operations. Peacetalks between the government and Muslim separatistsin Mindanao continued. All death sentences werecommuted and Congress passed a law abolishingcapital punishment. Armed groups were reportedlyresponsible for abuses, including unlawful killings.

Alleged coup plotsIn February, President Gloria Arroyo declared a week-long State of Emergency in response to alleged coupconspiracies involving members of the mainstreamopposition in “tactical alliance” with rightists, communistrebels, leftist politicians and members of the military.

Police enforced a ban on public assemblies andraided a newspaper office, threatening to shut downmedia outlets that failed to follow “responsible”reporting guidelines.

Scores of people were arrested or threatened witharrest, particularly members of legal leftist politicalparties which were accused by government and militaryofficials of links with the Communist Party of thePhilippines (CPP) and its armed wing, the New People’sArmy (NPA). Dozens were arrested and charged with“rebellion” in the period following the alleged coupplot, including critics of the government.b In February, Crispin Beltran, CongressRepresentative for the Anakpawis (Toiling Masses)party, was detained on a warrant of arrest for rebellion.After the validity of the warrant and a subsequentcharge of “incitement to sedition” were challenged bylawyers, he was further charged with rebellion. He hadnot been tried by the end of 2006.b Police sought to arrest five other leftist CongressRepresentatives on suspicion of rebellion. AffordedCongressional protective custody from arrest, theyremained in the Congressional compound for overtwo months as prosecutors conducted preliminaryinvestigations. The charges were dismissed by a courtin May but further rebellion charges were filed againstthe five Representatives and over 45 other leftistsuspects. All remained under threat of arrest at theend of 2006.


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Political killings and counter-insurgency A long-standing peace process between thegovernment and the National Democratic Front (NDF),representing the CPP-NPA, appeared to be abandonedas the government declared a new offensive againstcommunist rebels.

Armed attacks continued on members of legal leftistpolitical parties, including Bayan Muna (People First)and Anakpawis. Reports of the number of such victimsof alleged political killings ranged from 61 to at least 96during the year. Most were killed by unidentified armedmen on motorcycles. In some cases, those attacked hadreportedly been under surveillance by people linked tothe security forces or had received death threats.b Rafael Markus Bangit, an Indigenous people’sleader and Bayan Muna provincial co-ordinator, wasshot dead in Isabela province (northern Luzon) by twomasked gunmen. He was about to re-board a bus, whiletravelling with his son. He had earlier told colleaguesthat he believed he was under surveillance.

Amid reports of ineffective investigations, and withwitnesses and relatives of the victims too frightened toco-operate with the police, perpetrators were rarelybrought to justice. In May the authorities set up a specialpolice investigative task force. However, only a limitednumber of people were arrested and few cases were filedin court by the end of the year, and no one was heldaccountable for cases stretching back to 2001. PresidentArroyo in August established a Commission of Inquiry,headed by former Supreme Court Justice José Melo, toinvestigate the killings and make recommendations forremedial action, including appropriate prosecutions andlegislative proposals.

As military operations intensified, there werereports nationwide of arbitrary detentions,extrajudicial executions, enforced disappearances,torture and harassment of civilians suspected of beingCPP-NPA supporters.b In February, Audie Lucero, a 19-year-old youthactivist with the leftist Kilusan para sa PambansangDemokrasya (Movement for National Democracy),disappeared after being questioned by soldiers andpolice at a hospital in Balanga City (Bataan, Luzon) abouta wounded friend he had helped bring for medicalattention. His body was found in a field the next day. Themilitary reported that the wounded man was a rebel.b Also in February police arrested 10 youths agedbetween 19 and 24 and a 15-year-old girl, who had beenhitchhiking in Benguet Province on their way to a musicfestival at the resort of Sagada. Most reported beingbeaten, suffocated with plastic bags and drenched withgasoline to force them to admit involvement in an NPAattack on a military detachment. The 11 were chargedwith robbery and homicide, and remained in detentionuntil December.

Abolition of the death penaltyIn April, President Arroyo announced the commutationof all death sentences. At least 1,230 prisoners had beensentenced to death since 1994. Death sentences werereplaced with life imprisonment without the possibilityof parole.

Congress voted in favour of a Bill to repeal the deathpenalty law, and the President signed it in June. In 1987the Philippines had become the first Asian country toabolish the death penalty for all crimes. Howevercapital punishment was reintroduced in 1994, andseven prisoners were subsequently executed by lethalinjection.

Mindanao peace processPeace negotiations between the government and theseparatist Moro Islamic Liberation Front (MILF)continued to make progress, albeit slowly.Disagreements continued over ancestral domain landclaims and the amount of territory to be included in anexpanded Muslim autonomous region as part of a peacesettlement.

A ceasefire agreement was periodically broken byclashes between MILF and government forces. Sporadicbomb attacks on civilian targets were allegedlyperpetrated by Islamists, some reportedly linked to theMILF. MILF leaders denied links with Jemaah Islamiyah,a regional network accused of involvement in violentor terrorist activity, or with Abu Sayaff, a PhilippineMuslim separatist group responsible for kidnappingsand killings of civilians.

In October the Senate amended an Anti-TerrorismBill, including by reducing the time suspects could bedetained without judicial authority, and bywithdrawing clauses extending law enforcementpowers to the military.

AI country reports/visitsReports• Philippines: Political killings, human rights and the

peace process (AI Index: ASA 35/006/2006)• Philippines: Towards ensuring justice and ending

political killings (AI Index: ASA 35/010/2006)VisitsAI delegates visited the Philippines in February duringthe State of Emergency and in December.


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POLANDREPUBLIC OF POLANDHead of state: Lech KaczyñskiHead of government: Jarosêaw Kaczyñski (replacedKazimierz Marcinkiewicz in July)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

Lesbian, gay, bisexual and transgender (LGBT) peoplewere subjected to discrimination and intolerance.Allegations that Poland had allowed secret detentioncentres on its territory as part of the US-led “war onterror” were not satisfactorily resolved duringinvestigations by the Council of Europe and theEuropean Parliament. Chechens granted refugee and“tolerated stay” status had difficulties in accessingeducation services and social benefits. President LechKaczyñski and a number of other prominent officialscalled for restoration of the death penalty.

BackgroundIn a minority government since parliamentaryelections in September 2005, the Law and Justice Party(PiS), formed a coalition government in May with theLeague of Polish Families (LPR) and the Self-Defence(Samoobrona) party. After a political crisis inSeptember, Samoobrona was expelled from thegovernment, but later readmitted when PiS faced losingearly parliamentary elections.

Discrimination on grounds of sexual orientationOpenly homophobic statements made by politiciansand officials, including the encouragement of violenceagainst peaceful demonstrators, worsened the climateof discrimination and intimidation.b Wojciech Wierzejski, LPR Vice-President andmember of parliament, in May encouraged the use offorce against participants in the annual Equality Marchin Warsaw in June. He reportedly said, “If deviantsbegin to demonstrate, they should be hit with batons”.b In May the Deputy Minister of Education said that aninternational project organized by LGBT rights groupsand financially supported by the European Commissionwould lead to the “depravity of young people”, and thatsuch groups should not receive funding. In September aproject submitted by one LGBT organization to theNational Agency of Youth Programme was rejected bythe Ministry of Education on the grounds that it “aimed topropagate homosexual behaviour”.b In June the Minister of Education dismissed thedirector of the National In-Service Teacher TrainingCentre for having books that encouraged teachers toorganize meetings with LGBT organizations. The onlybook that met the description was an anti-discrimination handbook by the Council of Europe,which subsequently expressed concern at the“homophobia…and homophobic behaviours” within the

government. The Centre’s new director said in Octoberthat “homosexual practices lead to drama, emptinessand degeneracy”.

Demonstrators from the LGBT community and otheractivists were reportedly attacked by counter-demonstrators and unable to exercise their right topeaceful assembly because of police failures.b In April, despite the presence of the police, morethan 1,000 participants of a Tolerance March in Krakówwere reportedly harassed and intimidated by membersof a right-wing grouping, the All Polish Youth, who helda counter-demonstration, the Tradition March.

Court rulings clarified the legality of the EqualityMarch in Warsaw arranged for 10 June, which the CityCouncil of Warsaw finally authorized on 1 June. Owing tothreats from counter-demonstrators, the marchorganizers agreed a different route with the Council andthe police provided sufficient forces to guaranteesecurity. The march went ahead without major incidents.b In January the Constitutional Court confirmed aWarsaw court ruling of September 2005 that the banningof the Equality March in Warsaw in June 2005 by thethen Mayor Lech Kaczyñski was unlawful, and declaredthat demonstrators need only inform city officials that apublic demonstration would be taking place.b In May the Supreme Administrative Court inWarsaw upheld the decision of the RegionalAdministrative Court in Poznañ, in the case of an LGBTmarch banned in November 2005, that the threat from acounter-demonstration could not be grounds forbanning the demonstration.

Secret detention centres and renditionsIn March the Secretary-General of the Council of Europereleased his opinion on alleged secret detention centresin member states set up as part of the USA’s programmeof secret detentions and “renditions” – the illegaltransfer of people between states outside of any judicialprocess. He expressed concern at Poland’s inadequateresponse to questions of whether officials had beeninvolved in the detentions or renditions.

In June the Rapporteur on secret detentions of theParliamentary Assembly of the Council of Europe(PACE) reported on the global “spider’s web” ofdetentions and transfers by the US Central IntelligenceAgency (CIA) and alleged collusion by 14 Council ofEurope states. He reported that the Polish authoritieswere unable, despite repeated requests, to provideinformation from national aviation records to confirmCIA-connected flights into Poland.

In November a Temporary Committee of theEuropean Parliament, looking into allegations of illegalCIA activity in Europe, deplored Poland’s lack of co-operation and failure to establish a special inquirycommittee or an independent parliamentaryinvestigation.

RefugeesThe majority of asylum seekers from Chechnya in theRussian Federation were denied refugee status, inviolation of the 1951 Refugee Geneva Convention, andwere granted “tolerated stay” permits only.


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UNHCR, the UN refugee agency, reported in May thatalmost half of school-age children seeking asylum didnot attend school at all. People with only “toleratedstay” permits were denied the social assistance given toasylum-seekers and the integration package providedfor refugees.

The number of asylum-seekers sent back to Polandfrom other European Union (EU) states increasedfollowing application of the so-called Dublin IIRegulation, which establishes criteria and mechanismsfor determining which EU state will examine an asylumapplication.

International scrutinyIn March, reporting on its last visit in 2004, theEuropean Committee for the Prevention of Torturemade recommendations to the government on thetreatment of detainees. It urged police officers to beinformed on a regular and frequent basis thatphysically or verbally ill-treating detainees wasunacceptable and would be severely punished; thatonly strictly necessary force should be used duringarrests; and that there was no justification for strikingdetainees once they were brought under control. TheCommittee called on the authorities to ensure thatjudges and prosecutors who heard a complaint ofpolice ill-treatment from any person before themshould immediately request a forensic medicalexamination. The Committee expressed concern thatPoland had not implemented recommendations onpolice detention facilities for children made during itsprevious visit in 2000.

Death penaltyPresident Kaczyñski called for the restoration of thedeath penalty in Poland and throughout Europe in aPolish public radio broadcast on 28 July, saying:“Countries that give up this penalty award anunimaginable advantage to the criminal over his victim,the advantage of life over death.” In August the LPRannounced a campaign for Europe-wide restoration ofthe death penalty and for a referendum on itsreintroduction in Poland. Wojciech Wierzejski calledthe EU’s ban on the death penalty “anachronistic.”

In response, the European Commission said that thedeath penalty was “not compatible with Europeanvalues.” The President of the PACE wrote in an openletter to President Kaczyñski that “its reintroduction…would be a direct attack on our common values, whichare founded on respect for the basic human dignity ofevery person.”

AI country reports/visitsReports• Poland and Latvia: Lesbian, gay, bisexual and

transgender rights in Poland and Latvia (AI Index:EUR 01/019/2006)

• Poland goes backwards: No to the restoration of thedeath penalty (AI Index: EUR 37/002/2006)

VisitsAI delegates visited Poland in May and June.

PORTUGALPORTUGUESE REPUBLICHead of state: Aníbal António Cavaco Silva (replacedJorge Fernando Branco de Sampaio in March)Head of government: José Sócrates Carvalho Pinto deSousaDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Incidents of police ill-treatment and fatal shootingscontinued to be reported. Training in the use offirearms by police officers remained inadequate.Overcrowding, poor hygiene and lack of resources inprisons increased concerns about substandardconditions. Reform of the penal code to extend thedefinition of domestic violence to include unmarriedand same-sex couples was proposed in April. Violencein the home remained pervasive. Insufficient resourceshampered efforts by the national Commission forEquality and against Racial Discrimination to dealwith continuing incidents of racism.

Fatal shootingsAt least six people died as a result of lethal force bypolice during 2006, again raising long-standingconcerns about the possibly unnecessary ordisproportionate use of force. Police trade unionleaders have blamed inadequate training for suchkillings. Officers also lacked sufficient guidelines on useof weapons.b On 3 October, one man was killed and anothergravely injured during a police chase of a car carryingfour young men in Porto. A police officer fired five shotsat the vehicle, allegedly aiming for the tyres but killingone occupant and injuring another. After the vehiclecame to a halt, the survivors, including the seriouslyinjured man, were reportedly assaulted by the policealthough they had surrendered themselves. The casewas under investigation by the Homicide Brigade of thePorto Judicial Police. The General Inspectorate ofInternal Administration also opened an inquiry. Thedriver of the vehicle was charged with disobeyingpolice orders and dangerous driving.

Overcrowded prisonsAccording to the Directorate General of Prison Servicesin May, 70 per cent of prisons were operating over theirintended capacity and three of them – Portimão, Angrado Heroísmo and Guimarães – at more than double thedesignated number of prisoners. Overcrowding reducedthe resources available for each prisoner andexacerbated poor hygiene conditions and thetransmission of infectious diseases. Of a total of 91prisoners’ deaths in 2006, 74 were from illness, 14 weresuicides and three were recorded as homicide.

In June Minister of Justice Alberto Costa announcedgovernment plans to close 22 prisons and enlargeothers, increasing total capacity from 12,000 to 14,500


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places. Most of the prisons were scheduled to closeover the next three years, raising concerns about theimpact on conditions in remaining prisons.

Violence against womenOf all violent incidents reported to the PortugueseAssociation of Victim Support, 86 per cent related todomestic violence. Many were not reported to thepolice. Under-reporting hampered justice in individualcases and also impeded efforts to tackle domesticviolence across society by hiding its full extent andnature. Thirty-nine women died as a result of domesticviolence between November 2005 and November 2006.

Reforms to the penal code proposed in April includeddefining domestic violence to include ill-treatmentbetween unmarried, same-sex and former couples, aswell as abuse between parents and children. If theviolence takes place within the family home, this will beconsidered an aggravating factor.

RacismIncidents of racist discrimination continued to bereported nationwide. The Commission for Equality andAgainst Racial Discrimination reported that in theprevious six years it had received 190 complaints. Ofthese, only two had resulted in a fine and 60 cases werestill pending. Insufficient resources resulted in casestaking two or three years to resolve, and many wereshelved for lack of evidence, contributing to impunityfor acts of racism.

Rights of migrantsAn immigration law passed in August included measuresto provide residence permits to victims of trafficking.However, such permits would be available only to thosewho collaborated with the police, risking unduepressure being brought on victims at risk of reprisals.



PUERTO RICOCOMMONWEALTH OF PUERTO RICOHead of state: George W BushHead of government: Aníbal Aceveda-ViláDeath penalty: abolitionist for all crimes

Update: killing in suspicious circumstancesAn investigation by the US Justice Department’s Officeof Inspector General (OIG) into the fatal shooting of

independence activist Filiberto Ojeda Ríos inSeptember 2005 cleared the Federal Bureau ofInvestigation (FBI) of wrongdoing. The report found noviolation of policy when an FBI officer fired the fatalshot after seeing Ojeda Ríos at a window with a gun,some 90 minutes after an initial exchange of gunfireafter police had surrounded the house. However, in itsreport, published in September, the inquiry was criticalof many aspects of the planning and execution of theoperation, including the decision not to allow an FBIcrisis negotiating team to send a negotiator, anddirections given by FBI headquarters not to allowofficers into the house until the following day. The OIGinquiry was based mainly on FBI testimony as othershad declined to provide testimony.

Excessive use of forceIn February, the FBI was alleged to have used excessiveforce against a group of journalists covering a newsevent in which police were raiding the house of apolitical activist. Journalists were allegedly assaultedand sprayed with pepper spray. A civil lawsuit againstthe FBI was pending at the end of the year.

QATAR STATE OF QATARHead of state: Shaikh Hamad bin Khalifa al-ThaniHead of government: Shaikh Abdullah bin Khalifa al-ThaniDeath penalty: retentionistInternational Criminal Court: not ratified

At least 2,000 people continued to be deprived oftheir Qatari nationality. A woman who had beenconfined to her family home against her will since2003 was allowed to leave the country. At least 21prisoners were under sentence of death but noexecutions were reported.

Abuses in the ‘war on terror’Some 17 detainees, including several foreign nationals,were released during the year after being held forprolonged periods by the security forces. Some hadbeen held since 2005. At least one other was tried andconvicted. b Fahad al-Mansouri, who had been detainedwithout charge or trial since his arrest in November2005, was reported to have been tried in connectionwith “belonging to a secret organization” and sentencedto 10 years’ imprisonment.b Hamid ‘Aladdin Shahadeh, a Jordanian national,was released without charge in October. Arrested inMarch 2005, he had reportedly been held in the StateSecurity prison in the industrial area of Doha.


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Political prisonersAt least 31 prisoners sentenced for allegedly plotting tooverthrow the government in 1996 remained in prison.They had been convicted after an unfair trial in 1999.Allegations that they were tortured or ill-treated in pre-trial detention were never adequately investigated.Eighteen remained under sentence of death and at least13 others were serving prison terms.

Torture and ill-treatmentThe UN Committee against Torture examined Qatar’simplementation of the Convention against Torture inMay. The Committee welcomed Qatar’s report butexpressed concern that Qatari legislation fails to definetorture in accordance with international standards andthat arrest and detention procedures placed suspectsat increased risk of torture, particularly the lack ofaccess to a lawyer or independent doctor or anyrequirement that the authorities notify a detainee’srelatives of the arrest.

Deprival of nationality At least 2,000 people, many of them members of the al-Ghufran branch of the al-Murra tribe, continued to bedenied Qatari nationality by the authorities. They wereformally deprived of Qatari nationality in 2004 and2005 on the grounds that they held Saudi Arabiannationality, although they denied this. In March, theauthorities announced that they were carrying out areview of such cases and by the end of the year some4,000 others were believed to have had theirnationality reinstated. In at least some cases, however,Qatari authorities were alleged to have amendedindividuals’ birth records to state that they were bornin Saudi Arabia, so rendering them ineligible toparticipate in elections in Qatar.b ‘Abdullah Hussein ‘Ali Ahmed al-Malki wasbelieved not to have had his Qatari nationality restoredby the end of the year. His nationality was revoked soonafter he criticized the Qatari authorities in commentsbroadcast on the al-Jazeera satellite television stationin May 2005.

Violence against womenThe UN Special Rapporteur on trafficking in persons,especially in women and children, visited Qatar inNovember and expressed concern about the number ofmigrant workers who were victims of humantrafficking. The Special Rapporteur recommended thatthe Qatari authorities implement internationalobligations related to human trafficking, create anoffice of National Coordinator on Human Trafficking,and take steps to introduce mechanisms which wouldensure that victims of trafficking were properlyidentified and treated.b Hamda Fahad Jassem al-Thani, a member of Qatar’sruling family who had been confined to her homeagainst her will since November 2003, was injured inJune when she sought to escape. She was admitted tohospital after intervention by the Qatari Human RightsCommittee. In October, she was permitted to leaveQatar and rejoin her husband in Egypt.

Death penaltyEighteen people convicted of involvement in a coupattempt in 1996 remained under sentence of death.Three new death sentences were imposed in February,on two Nepalese and one Indian national convicted ofmurder. No executions were reported.

AI country reports/visitsReport• Qatar: Briefing to the Committee against Torture

(AI Index: MDE 22/002/2006)

ROMANIAROMANIAHead of state: Traian BäsescuHead of government: Cälin Popescu-TäriceanuDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Roma continued to face intolerance anddiscrimination. Allegations of ill-treatment by lawenforcement officials continued. Women remained atrisk of trafficking and domestic violence. Concernsremained about patients in mental healthinstitutions. The Council of Europe and the EuropeanParliament expressed concern at Romania’s lack ofwillingness to engage in a thorough investigation intoallegations of collusion with the US-led programme ofrenditions and secret detention centres.

BackgroundIn September the European Commission (EC) allowedRomania’s accession to the European Union (EU) to goahead in January 2007, despite continuing concernsabout the transparency and efficiency of the judicialprocess and about the impartiality and effectiveness ofinvestigations into allegations of high-level corruption.

In August, Romania ratified the Council of Europe’sConvention on Action against Trafficking in HumanBeings.

Unlike the previous year, the authorities did notoppose a parade called the Gayfest, organized by thelesbian, gay, bisexual and transgender community,from going ahead in May in the capital, Bucharest.However, police had to intervene to protect marchersfrom counter-demonstrators who threw eggs, stonesand plastic bottles.

DiscriminationIn its report on Romania, published in February, theEuropean Commission against Racism and Intoleranceexpressed concern at the lack of knowledge about andthe failure to implement anti-discrimination


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legislation. The Roma community continued to bediscriminated against in all areas includingemployment, education and housing.

A law to prevent and punish all forms ofdiscrimination was amended in June to meet therequirements of the EU’s racial equality directive.However, by the end of the year Parliament had yet toapprove a draft law on the protection of ethnicminorities.

The Romani communityIn January, the National Council for CombatingDiscrimination ruled that an anti-Roma speech made byCorneliu Vadim Tudor, leader of the Greater RomaniaParty (Partidul România Mare), was in breach ofRomanian anti-discrimination law. The speech referredto an incident in 1993 in the village of Hädäreni duringwhich three Romani men were killed and 18 Romanihouses were destroyed. No sanctions were initiatedagainst him owing to parliamentary immunity.

The authorities failed to implement the July 2005judgement by the European Court of Human Rights inthe Hädäreni case. The community developmentstrategy, initiated by the government in accordancewith its obligations arising from the friendly settlementin the case, was reportedly shelved. The legal suitsconcerning the damages due to the victims of theattacks were still pending in national courts. Asignificant number of the perpetrators of the attacks,including law enforcement officials, remainedunpunished.

In November, the National Council for CombatingDiscrimination fined several members of the New Right(Noua Dreaptä) organization for publishing a number ofarticles on the New Right website containing degrading,humiliating and offensive material about the Romanicommunity. The Roma Centre for Social Interventionand Studies (Centrul Romilor pentru Interven÷§÷ie Socialäôi Studii) lodged a formal complaint against the NewRight and against its leader, Tudor Ionescu; a decisionwas still pending at the end of the year.EvictionsIn October, the Tulcea municipality forcibly evicted 25Romani families, around 110 people, from a buildingthat they had occupied for the previous seven years.Some Roma accepted the offer by the municipality ofrooms in two ruined buildings with no access toelectricity, hot water and sanitation and only limitedaccess to drinking water, located in an enclave insidethe Tulcea industrial port. After their relocation, thechildren stopped going to school because of distanceand their parents’ fear for their safety.

The rest of the people evicted remained sleepingoutside the building. The local authorities had onlyoffered to move them to mobile housing located outsideTulcea, also in a heavily industrialized area. Theauthorities acknowledged these structures offered verylimited shelter since they could not be connected to anyutilities. Court proceedings challenging the legality of theevictions, which were brought by the European RomaRights Centre and other Roma non-governmentalorganizations (NGOs), were continuing at the year’s end.

Penal code amendmentsIn June, international and domestic NGOs expressedtheir concern regarding amendments to the PenalProcedure Code. These allow prosecutors to interceptelectronic mail and tap phones for up to 96 hoursbefore informing a judge and to undermine client-lawyer confidentiality through phone tapping.

Police concernsbIn August, five Romani individuals reported thatthey had been subjected to physical abuse during ajoint operation by Bontida village police and Clujcounty gendarmerie. Two of the Roma were minors whowere allegedly prevented from contacting their parentswhile held at the police station. Both the police andgendarmerie denied any abuses. A complaint lodged bythe men was still pending at the end of the year. bIn September, violent clashes between police andmembers of the Romani community in Reghin, Apalinadistrict, reportedly resulted in injuries to twopolicemen and 36 Romani women, men and children.The incident reportedly began when a police officeralleged that he had been assaulted by two Romani men.Shortly afterwards, a violent altercation broke out afterplain-clothes police officers and masked Special Forcespolice officers arrived at the Apalina district,reportedly to serve two subpoenas. The police claimedthey were attacked by several Roma using rocks, metalbars and pitchforks. The Roma claimed that SpecialForces officers provoked the violence by usingexcessive force, including by firing rubber bullets andtear gas. The initial police investigation cleared theofficers of any wrongdoing. In November, following avisit by two members of the European Parliament, theGeneral Police Inspectorate opened a preliminaryinvestigation into the incident. The investigation wascontinuing at the end of the year.

Violence against womenIn June, the UN Committee on the Elimination ofDiscrimination against Women published itsconcluding comments on Romania’s sixth periodicreport. It urged the authorities to enhance theeffective enforcement of its domestic violencelegislation and to ensure that all women who arevictims of violence have access to immediate means ofredress and protection, including protection orders,and access to a sufficient number of state-funded safeshelters and legal aid. It also called on the authoritiesto increase their efforts to prevent human traffickingby addressing its root causes, in particular women’seconomic insecurity.

Mental health careIn May an international human rights and advocacyorganization, Mental Disability Rights International(MDRI), published a report on the rights of childrenwith disabilities in Romania. In spite of governmentclaims that the placement of babies in institutions hadended, MDRI found children, many of themunidentified, languishing in poorly staffed medicalfacilities. Some children were found in adult


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psychiatric facilities, tied down with bed sheets, theirarms and legs twisted and left to atrophy.

In January, the European Committee for thePrevention of Torture published its report on a visit toRomania in 2004. This raised concerns about the deathof many patients, due to malnutrition or hypothermia,at Poiana Mare psychiatric hospital, an establishmentalready strongly criticized in the past in respect of thepatients’ living conditions, in particular food andheating. b Following the deaths of 17 people at the PoianaMare psychiatric hospital in 2004, and domestic andinternational pressure relating to the case, the Ministryof Health announced the decision to close down thehospital in November 2005. In February 2006 theMinistry of Justice closed down the ward for highsecurity patients and transferred them to anotherinstitution. However, at the end of the year, 413 patientsremained in Poiana Mare.

Secret detention centres and renditionsIn June, the Parliamentary Assembly of the Council ofEurope’s Rapporteur on secret detentions reported ona global “spider’s web” of detentions and transfers bythe US Central Intelligence Agency (CIA) and allegedcollusion by 14 Council of Europe member states. Hefound that the Romanian authorities showed a lack oftransparency and genuine willingness to co-operatewith the investigation into whether the USA had secretdetention centres in Romania.

In November, members of the European Parliament’sTemporary Committee on allegations of illegal CIAactivity in Europe said that more investigation of theCIA’s possible actions in Romania was needed. Itcriticized Romania’s inquiry report as superficial andexpressed concern about the lack of control byRomanian authorities over US activities in militarybases in Romania.



RUSSIANFEDERATIONRUSSIAN FEDERATIONHead of state: Vladimir PutinHead of government: Mikhail FradkovDeath penalty: abolitionist in practiceInternational Criminal Court: signed

Human rights defenders and independent civilsociety came under increasing pressure. Theauthorities clamped down on the peaceful exercise ofthe rights to freedom of expression and assembly.Journalists were intimidated and attacked and one,Anna Politkovskaya, was killed. The authorities failedadequately to tackle racism and discriminationagainst people because of their ethnic identity orsexual orientation. Racist and homophobic attacks,some of them fatal, continued. Violence againstwomen in the family was widespread and the statefailed to provide adequate protection for women atrisk. Police frequently circumvented safeguardsdesigned to protect detainees against torture.Extrajudicial executions, enforced disappearancesand abductions, torture including in unofficialdetention centres, and arbitrary detentionscontinued in the North Caucasus region, in particularin Chechnya. In Chechnya, impunity remained thenorm for those who committed human rights abuses,and people seeking justice faced intimidation anddeath threats. The European Court of Human Rightsruled that Russia had violated the rights to life, toliberty and security, to respect for private and familylife and to an effective remedy, and to the prohibitionof torture. The government failed to co-operate fullywith international human rights mechanisms against torture.

BackgroundOpposition parties protested at amendments toelectoral laws that removed the requirement of aminimum voter turn-out to validate election results. Anew Federal Law on Counteracting Terrorism adopted inMarch set out no explicit safeguards for individualsdetained in counter-terrorism operations, and allowedthe armed forces to conduct such operations outside theterritory of the Russian Federation. Growing nationalistsentiment raised fears of increasing xenophobia in therun-up to elections in 2007. A new immigration policyrestricted foreign street traders from working in Russianretail street markets from January 2007.

In May, President Vladimir Putin announced a driveagainst pervasive corruption among officials. The costof corruption to the country was US$240 billion a year,as much as the federal budget, the office of the GeneralProcurator said in November. The authorities exercisedtight control over the media, in particular television.


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There were a number of apparent contract killings ofbusinessmen, officials and politicians. Russia’s chairingof the G8 group of major industrial states, and of theCouncil of Europe Committee of Ministers from May,increased international scrutiny of the government’shuman rights record.

Violence and instability in the North Caucasuscontinued. In June, Chechen separatist leader Abdul-Khalim Sadulaev was killed in Argun, Chechnya, infighting with police and security forces. Shamil Basaev,the Chechen opposition leader who claimedresponsibility for the Beslan school siege, NorthOssetia, in September 2004 and other war crimes in theChechen conflict, was killed in July in an explosion.

Restrictions on dissentLimits on freedom of expression and assembly cameinto force in April under amendments to three federallaws – on closed administrative-territorial entities, onpublic organizations and on non-commercialorganizations – and regulations specifying reportingrequirements for civil society organizations. Ostensiblyaimed at improving the regulation of non-governmentalorganizations (NGOs), in practice new powers toscrutinize the funding and activities of Russian andforeign civil society organizations were legallyimprecise, allowed arbitrary implementation anddisproportionate penalties, and diverted resourcesfrom substantive programmes.

Amendments in July to the 2002 law on “extremistactivity” broadened the definition of “extremism”,criminalized public justification of terrorism andslander of government officials, and threatened torestrict and punish the activities of civil societyorganizations and other government critics.Attacks on journalistsJournalists were intimidated, faced with groundlesscriminal proceedings and attacked. Human rightsdefenders were subjected to administrativeharassment and some received anonymous death threats.b Russian journalist and human rights defenderAnna Politkovskaya was shot dead on 7 October at theblock of flats where she lived in Moscow, in alllikelihood because of her work as a journalist. Hercourageous coverage of the conflict and human rightssituation in Chechnya since 1999 for Novaia Gazeta(New Newspaper) had won her numerous awards, andshe had also written extensively about violence in thearmy, state corruption and police brutality. She hadbeen subjected to intimidation and harassment by theRussian and Chechen authorities because of heroutspoken criticism. A vigil in her memory on 16October in Nazran, Ingushetia, was broken upviolently. At least five human rights activists weredetained by police and charged with administrativeoffences. Four were cleared, but the vigil organizerwas fined.b On 3 February, Stanislav Dmitrievskii was sentencedto a suspended two-year prison term and four years’probation for inciting “race hate” after he publishedarticles by Chechen separatist leaders that advocated

neither racism nor violence. The NGO he led, theRussian-Chechen Friendship Society, was ordered by acourt to close in November. The decision was motivatedin part by Stanislav Dmitrievskii’s conviction, applying anew NGO law forbidding individuals convicted of an“extremist” crime from heading an NGO.DemonstrationsMany bans on demonstrations did not appear to belegitimate or proportionate restrictions of freedom ofassembly. Peaceful protesters were detained despiteinforming the authorities of their intention todemonstrate as required in law.b Anti-globalization protesters were detained ontheir journey to St Petersburg in the run-up to the G8summit in July, apparently sometimes on spuriousgrounds.b In April officers of a special police unit (OMON)reportedly used excessive force to disperse over 500men, women and children protesting at allegedcorruption by local authorities in Dagestan. MuradNagmetov was killed and at least two otherdemonstrators were seriously injured after policereportedly fired tear gas canisters directly into thecrowd without warning. The local procuracy openedinvestigations.

Conflict in the North CaucasusExtrajudicial executions, enforced disappearances andabductions, arbitrary detention and torture, includingin unofficial places of detention, were reported in thegovernment’s counter-terrorism operation in the NorthCaucasus, particularly in Chechnya and Ingushetia.Individuals who sought justice in the Russian courts orbefore the European Court of Human Rights facedintimidation from officials. Defence lawyers were alsoharassed.

The conflict, sometimes characterized as aninsurgency, continued in Chechnya despite efforts torestore normalcy, including through large-scalereconstruction projects. Federal forces and Chechenpolice and security forces fought Chechen armedopposition groups, and federal forces shelledmountainous areas in the south. In turn, Chechenarmed groups attacked police officers and convoys offederal forces, and planted car bombs. The presence ofnumerous paramilitary forces, their arbitrary actionsand their lack of accountability made it difficult todetermine the identity of those responsible for serioushuman rights violations.

International agencies estimated 180,000 peoplewere still internally displaced within Chechnya by theconflict. Of these around 37,000 were registered asliving in temporary accommodation, where conditionswere reportedly poor. In April, Ramzan Kadyrov, PrimeMinister of Chechnya, said the centres were “a nest ofcriminality, drug addiction and prostitution” anddemanded their closure. Reportedly, five centreshousing 4,500 people were closed, and individuals wereremoved from lists of inhabitants in other centres,although no alternative accommodation was available.b Bulat Chilaev and Aslan Israilov were believed tohave been subjected to enforced disappearance by


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Chechen or Russian federal forces. About 10eyewitnesses saw them being bundled into a car byarmed masked men in uniform in Chechnya on 9 April.A military identity tag was later found near the spot.Their whereabouts remained unknown. Bulat Chilaevwas a driver for the NGO, Grazhdanskoe Sodeistvie(Civic Assistance), whose work includes medicalsupport for the displaced and others affected by thearmed conflict.

In Ingushetia, armed groups reportedly assassinatedofficials, also killing their relatives including children,passers-by and guards. Arbitrary detentions, oneextrajudicial execution and torture in police custodywere reported. Serious violations including torture werealso reported in North Ossetia and Dagestan. Therewere nearly 25,000 people displaced by the Chechenconflict in Ingushetia and Dagestan at the end of 2006.

International scrutinyIn May, for Russia’s election to the UN Human RightsCouncil, the government pledged active co-operationwith UN human rights bodies and highlighted thescheduling of a visit by the UN Special Rapporteur ontorture for 2006. However, in October the SpecialRapporteur postponed his visit, set to focus on theNorth Caucasus, because the Russian authorities hadsaid the standard conditions of such visits – inparticular, arriving unannounced at places of detentionand interviewing detainees in private – contravenedRussian law. The Special Rapporteur had been asking tovisit Chechnya since 2000.Council of EuropeIn January the Parliamentary Assembly of the Councilof Europe adopted a strongly worded resolution onChechnya. It condemned ineffectual investigations andresulting impunity for human rights violations;reprisals against applicants to the European Court ofHuman Rights; the complete failure of harsh securitymeasures to restore law and order, and resultingdesperation, violence and instability. It urged theCommittee of Ministers of the Council of Europe to“confront its responsibilities in the face of one of themost serious human rights issues in any of the Councilof Europe’s member states”.

In May NGOs urged Russia to fulfil commitmentsmade on accession to the Council of Europe a decadeearlier, including to address impunity in Chechnya.

In May, a delegation visiting Chechnya from theEuropean Committee for the Prevention of Torture wasdenied immediate access to the village of Tsenteroi,where unofficial detention facilities were reportedlylocated.

Russia failed to ratify Protocol 6 to the EuropeanConvention on Human Rights which provides forabolition of the death penalty in times of peace, despiteits commitment to do so by February 1999. In Novemberthe State Duma (parliament) postponed to 2010 theintroduction of jury trials in Chechnya, the one remainingregion without a jury system. This had the effect ofextending the current moratorium on the death penalty,introduced in 1999 when death sentences were banneduntil the jury system had been introduced everywhere.

UN Committee against TortureAmong concerns of the UN Committee against Torturein November were the absence of a definition of torturein the Criminal Code that reflected the definition in theUN Convention against Torture; laws and practices thatobstructed detainees’ access to lawyers and relatives;numerous and consistent allegations of torture andother ill-treatment or punishment by law enforcementpersonnel, including in police custody; failures ininvestigations into allegations of torture and ill-treatment; violent hazing of recruits in the military andreprisals against complainants; trafficking of womenand children; and lack of safeguards against forciblereturns. The Committee’s concerns on Chechnyaincluded reliable reports of unofficial places ofdetention, enforced disappearances and abductions,and torture.

TortureTorture was used in police custody across the country.Safeguards against torture – such as notifying relativesof arrest, and rights to legal counsel and to medicalexamination by a doctor of choice – were circumventedby police officers focused on obtaining “confessions”.The Procuracy routinely failed to ensure effectiveinvestigation of torture allegations or remedy againsttorture. There was no fully effective, independent andnationally enforced mechanism for unannounced visitsto places of detention. Convicted prisoners werereportedly beaten in a number of colonies, including inPerm and Sverdlovsk Regions, according to reports.b In January the European Court of Human Rightsruled that the Russian authorities had subjected AlekseiMikheev to torture in police detention in September1998, and had denied him access to legal remedies. TheCourt found the government had violated the prohibitionof torture and the right to an effective remedy.b In April, Aslan Umakhanov’s lawyer was notinformed when he was transferred from the pre-trialdetention centre in Ekaterinburg back to police custodyfor questioning in connection with a criminalinvestigation. Police investigators allegedly beat himseverely and subjected him to electric shocks to forcehim to “confess”. The authorities refused to open acriminal investigation into his alleged torture, despite amedical certificate attesting to his injuries.Former Guantánamo detaineesb In Kabardino-Balkaria, Rasul Kudaev remained indetention amid concerns about his health. A formerGuantánamo detainee, in 2004 he was transferred fromUS to Russian custody, detained for around fourmonths, then released. He was arrested in Kabardino-Balkaria and charged with terrorism-related offencesafter the October 2005 attack on the capital, Nalchik.His state-appointed lawyer, removed from the case inNovember 2005 after she complained officially that hehad been tortured in police custody, was not reinstateddespite appeals to the courts.

Forcible returnIn some cases, orders to extradite individuals toUzbekistan where they risked being subjected to


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torture were overturned by Russian courts or theirimplementation was stayed in accordance with Russia’sobligations under international human rights andrefugee law. However, the Russian authorities forciblyreturned at least one person to Uzbekistan in violationof its international obligations.b The Russian authorities opened a criminalinvestigation in October into the deportation ofRustam Muminov to Uzbekistan. He had beendeported that month although the Moscow City Courthad yet to rule on his appeal against his deportationorder and he had informed Russian officials that hewished to apply for asylum. The European Court ofHuman Rights had issued a request to stay thedeportation just prior to his removal.

Lesbian, gay, bisexual and transgender rightsLesbian, gay, bisexual and transgender (LGBT) peoplewere subjected to violent attacks while attending LGBTclubs in Moscow. The police were criticized for notproviding sufficient protection.b In Moscow, a Gay Pride march was banned in May.Mayor Yuri Luzhkov and Russian Orthodox and Muslimleaders publicly criticized the planned march andmade homophobic statements, and a Moscow courtupheld the ban. LGBT demonstrators instead laidflowers at the tomb of the Unknown Soldier by theKremlin and joined an authorized demonstration nearMoscow city hall. At both sites, counter-demonstrators hurled homophobic abuse andattacked some individual protesters. The policereportedly failed to provide protection or todifferentiate between peaceful and violentprotesters, detaining individuals from both groups. Anumber of LGBT activists and journalists were injured.

Racism, xenophobia and intoleranceThe authorities failed to provide protection or toinvestigate effectively many racially motivated attacks,including murders. A small rise in prosecutions of racehate crimes and local initiatives such as increasedpolicing were inadequate to address the scale of theproblem, and there was no comprehensive programmeto combat racist and xenophobic ideas and ideologies.b Liana Sisoko, a nine-year-old girl of Russian andMalian origin, was seriously injured when she wasstabbed on 25 March by two youths near the lift in herblock of flats in St Petersburg. The attackers reportedlypainted a swastika and the words “skinheads…we didit” near the scene of the attack.b A Romani man and an ethnic Russian woman werekilled in an apparently racist attack by 20 youths armedwith metal bars and spades who attacked a Romanifamily and the woman, a visitor, in the VolgogradRegion on 13 April. Others were seriously injured.b Seven defendants were convicted of “hooliganism”in March for their roles in the fatal attack on a nine-year-old Tajik girl, Khursheda Sultonova, in February2004. They were sentenced to between 18 months’ andfive and a half years’ imprisonment. The only defendantcharged with racially motivated murder was acquittedon that count.

Discriminatory policingNGOs Jurix and the Open Society Justice Initiativereleased research demonstrating that Moscow policedisproportionately stopped and searched non-Slavs.After relations worsened between Russia and Georgia inSeptember and October, hundreds of Georgian nationalswere deported for allegedly violating immigration rulesor being involved in crime. Individuals were heldpending deportation in reportedly insanitary conditionsand without water or food. Two Georgian nationals diedawaiting deportation, allegedly due to the poorconditions and inadequate medical attention.

Violence against womenNo measures under Russian law specifically addressedviolence against women in the family, and governmentsupport for crisis centres and hotlines was totallyinadequate. In November the UN Committee againstTorture expressed concern about the reports ofprevalent domestic violence and the lack of sufficientshelters for women. The Committee recommended theRussian authorities should ensure protection of womenby adopting specific legislative and other measures toaddress domestic violence, providing for protection ofvictims, access to medical, social and legal services andtemporary accommodation and for perpetrators to beheld accountable.b One of the few government-supported shelters forwomen in the Russian Federation, in Petrozavodsk,Republic of Karelia, was closed.

Fair trial concernsPrisoners served sentences after trials that failed tomeet international fair trial standards, and in whichtheir lawyers considered the charges to be politicallymotivated.b Former YUKOS oil company head MikhailKhodorkovskii and associate Platon Lebedev, servingnine-year prison sentences following convictions in 2005for fraud and tax evasion, were denied the right to servetheir sentences in or near their home areas. MikhailKhodorkovskii was unlawfully held in a punishment cellfor two weeks in January for having a copy of publiclyavailable government decrees on prisoner conduct. Hewas also held in a punishment cell for a week in March fordrinking tea in an unauthorized place.b Mikhail Trepashkin, a lawyer and former securityservices officer, was denied adequate medicaltreatment for chronic bronchial asthma. He was servinga four-year sentence in a prison colony imposed by amilitary court in 2005 following conviction on chargesincluding divulging state secrets. He was reportedlyplaced in an unheated, unventilated punishment cell bythe prison administration in an attempt to make himwithdraw complaints about the fairness of his trial andhis treatment.

AI country reports/visitsReports• Commonwealth of Independent States: Positive

trend on the abolition of the death penalty but moreneeds to be done (AI Index: EUR 04/003/2006)


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• Russian Federation: Rasul Kudaev (AI Index: EUR46/003/2006)

• Russian Federation: Amnesty International’sconcerns and recommendations in the case ofMikhail Trepashkin (AI Index: EUR 46/012/2006)

• Russian Federation: Preliminary briefing to the UNCommittee against Torture (AI Index: EUR46/014/2006)

• Russian Federation: Violent racism out of control (AI Index: EUR 46/022/2006)

• Russian Federation: Supplementary briefing to theUN Committee against Torture (AI Index: EUR46/039/2006)

• Russian Federation: Russian Chechen FriendshipSociety closed under new NGO law (AI Index: EUR46/048/2006)

• Russian Federation: Torture and forced “confessions”in detention (AI Index: EUR 46/056/2006)

VisitsAI delegates visited the Russian Federation in April,June, July and December. In July, AI’s Secretary Generalmet the President together with other heads of globalcivil society organizations.

RWANDAREPUBLIC OF RWANDAHead of state: Paul KagameHead of government: Bernard MakuzaDeath penalty: retentionistInternational Criminal Court: not ratified

The government maintained tight control over allsections of civil society, whose work was conducted in aclimate of fear and suspicion. Trials continued ofpeople suspected of involvement in the 1994 genocide.There were concerns about the fairness of some of thetrials. Several thousand detainees were held in long-term detention without trial in harsh conditions. Sixhundred people remained on death row.

BackgroundThe international community continued to depict post-genocide Rwanda as a success story. However, theauthorities failed to provide basic health care andeducation to communities which were excluded fromlocal governance. Cross- and inter-ethnic tensionspersisted in the country.

In November, diplomatic tensions between Kigaliand Paris reached crisis point after a French judge

issued international arrest warrants for nine closeaides of Rwandan President Paul Kagame.

Independent journalists under attackJournalists were subjected to intimidation, harassmentand violence. The authorities failed to conductindependent and impartial investigations into attacksor threats against journalists. The authoritiesrepeatedly denied that there were restrictions onfreedom of expression in Rwanda, accusingindependent journalists of “unprofessionalism”.b Bonaventure Bizumuremyi, the news editor ofUmuco, reportedly had his home in Kigali ransacked inJanuary by four men armed with clubs and knives. Beforethis attack, Umuco had criticized the ruling party forineptitude and for allegedly controlling the judiciary.

The judicial system remained compromised andregularly enforced laws that curtailed free expression.b In August, the High Court upheld a suspendedsentence of one year in prison and a fine imposed onCharles Kabonero, editor of Umuseso, for “publicinsult”. In 2004, Umuseso had questioned the integrityof the parliamentary Deputy Speaker, Denis Polisi.

Human rights defendersIn June 2006, the National Commission for HumanRights released its 2005 annual report in Kinyarwanda.According to national newspapers, this report, whichwas supported by some Rwandan human rightsorganizations, showed a 95 per cent improvement inthe human rights situation since 2004.

However, some human rights defenders said that theirwork was under intense scrutiny by the authorities, thatfreedom of expression remained severely controlledsince the 2004 clampdown on human rights organizations,and that self-censorship was widespread.

At the end of 2006, parliament was working on a newbill to strengthen government control over the activitiesand publications of non-governmental organizations.

Genocide trialsTrials continued under the gacaca system – acommunity-based system of tribunals established in2002 to try people suspected of crimes during the 1994genocide. Concerns about the fairness of the gacacasystem included a perceived lack of impartiality andreports that defendants were not allowed to defendthemselves either during the information retrievalprocess prior to the trial or during the trial itself. Inaddition, the information-retrieval phase wasreportedly controlled by grass-roots authorities(nyumbakumi) although the law assigned responsibilityto the gacaca judges themselves.

Poorly qualified, ill-trained and corrupt gacacajudges in certain districts fuelled widespread distrust ofthe gacaca system.b In Munyaga (Rwamagana district, East province) ajudge reportedly visited people who had beensummoned for questioning and asked them for moneyin return for an acquittal. In the same district, twopeople were sentenced to 30 years’ imprisonment,despite doubts over their involvement in the genocide.


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According to reports from local authorities andgenocide survivors’ associations, in the East provincesome genocide survivors were subject to intimidation,harassment and assault before testifying before agacaca court.b In November, at Rukumberi (Ngoma district, Eastprovince) Frédéric Musarira, a genocide survivor, wasallegedly killed by a man who had recently beenreleased from prison after confessing his involvementin the genocide. In retaliation, genocide survivors inthe area reportedly killed at least eight people.

Rwandans fled the gacaca system to neighbouringcountries throughout 2006. Some were afraid that thetribunals would expose their involvement in thegenocide. Others fled out of fear of false accusations.

Approximately 20,000 Rwandan asylum-seekers fledfrom southern Rwanda to Burundi early in the year,according to the UN refugee agency UNHCR. Thecommon issues forcing them to flee were persecutionby local authorities, drought conditions and gacacacourt summonses.

In July, further groups of Rwandans fled from theEast province to avoid the gacaca system, including 40people from Munyaga, Rwamagana district, whoentered Uganda.

Pre-trial detentionSeveral thousand detainees remained incarcerated ona long-term basis without trial. Approximately 48,000detainees were awaiting trial for alleged participationin the genocide.b Dominique Makeli, a former journalist for RadioRwanda, remained in detention without trial afteralmost 12 years. The charges against him haverepeatedly changed. The authorities’ latest accusationwas that in 1994 he had incited genocide in aprogramme for Radio Rwanda in 1994.b Two Catholic nuns, Sisters BénédicteMukanyangezi and Bernadette Mukarusine, remainedin detention without trial after more than 12 years.

Prison conditionsApproximately 69,000 people were reportedly held inprisons during 2006. All prisons were overpopulatedwith the exception of Mpanga Prison. For example,Gitarama prison reportedly held 7,477 detaineesalthough its official capacity was 3,000.

Detention conditions remained extremely harsh andamounted to cruel, inhuman or degrading treatment.Underground cells were reported to exist in someprisons and detention centres.b At least 50 people were reportedly held in harshand insanitary conditions in an underground cellar inGitarama prison for more than a year. These prisonerswere seldom allowed to go outside.

Death penaltySix hundred prisoners remained on death row. The lastexecution was carried out in 1998. In October, thepolitical bureau of the ruling party stronglyrecommended abolishing the death penalty. Thecontinued existence of the death penalty constituted

one of the main obstacles preventing the transfer toRwanda’s national jurisdiction of detainees held by theInternational Criminal Tribunal for Rwanda (ICTR) orindicted genocide suspects living abroad.

Investigations of genocide and war crimesThe Commission of Inquiry set up in April 2005 toinvestigate the alleged role of the French military in thegenocide started work in April 2006. Rwandan officialsstated that, depending on the Commission findings,they might lodge a complaint against French militarypersonnel before the International Criminal Court.

In May, the Rwandan Prosecutor General compiled anew list of 93 genocide suspects said to be livingabroad. Concerns were raised over the accuracy of thislist, as some of those named had apparently died, orwere not in the named country. Few foreigngovernments initiated judicial proceedings againstalleged Rwandan genocide suspects residing,sometimes under false identities, in their countries.

In November, a French judge investigating theshooting down of former President Habyarimana’splane in 1994 issued international arrest warrants fornine high-ranking Rwandan officials. He also requestedthat the ICTR issue an indictment for President PaulKagame’s arrest for his involvement.

The investigation by a Spanish judge into the murderof Spanish nationals and other crimes committedbetween 1990 and 2002 in Rwanda was reportedlycompleted. The investigation focused on the directinvolvement of 69 members of the Rwandan PatrioticFront (RPF), some of whom were high-ranking figures inthe military.

International Criminal Tribunal for RwandaTrials of prominent genocide suspects continued beforethe ICTR, which held 56 detainees at the end of 2006.Nine trials, involving multiple and single defendants,were ongoing. Seven cases were concluded in 2006. Twodetainees were acquitted and the others were sentencedto terms of imprisonment. One case was pending appeal.Eighteen suspects indicted by the ICTR were still at large.

The ICTR was mandated by the UN Security Council tocomplete all trials by the end of 2008. It ceased to issueindictments for individuals suspected of involvementin genocide, war crimes and crimes against humanity inRwanda.

Since its inception, the ICTR has tried only membersand supporters of the government in place in April 1994.It did not fully implement its mandate by investigatingall war crimes and crimes against humanity committedin 1994, notably those committed by the RPF.

Update: enforced disappearancesAugustin Cyiza, a prominent member of civil society, wasreportedly a victim of enforced disappearance in 2003during the run-up to elections. Rwandan officials deniedknowledge of his whereabouts in 2005, but sourcesclaimed he had been abducted and killed.

Léonard Hitimana, a member of the TransitionalNational Assembly, disappeared in April 2003. In April2006, the President of the National Commission for


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Human Rights stated that the investigation into hiscase was confidential, and that results would bereleased in due course. The fate of Léonard Hitimanaremained unknown.

Political prisonersPasteur Bizimungu, former President of Rwanda, andCharles Ntakirutinka were sentenced to 15 and 10 years’imprisonment respectively in 2005 on charges ofinciting civil disobedience, associating with criminalelements and embezzlement of state funds. Both menhad, prior to their arrest, launched a new politicalparty, the Democratic Party for Renewal (PartiDémocratique de Renouveau, PDR-Ubuyanja). Manyhuman rights observers considered that theirprosecution was an attempt to eliminate politicalopposition. They were held at the Central Prison, Kigali.

AI country reports/visitsStatements• Rwanda: Freedom of expression under attack

(AI Index: AFR 47/002/2006)• Rwanda: Reports of extrajudicial executions in

Mulindi military detention centre must beindependently investigated (AI Index: AFR47/004/2006)

• Rwanda: Appeal to the UN Security Council to ensurethat the mandate of the International CriminalTribunal for Rwanda is fulfilled (AI Index: IOR40/045/2006 )

VisitAI delegates visited Rwanda in October.

SAUDI ARABIAKINGDOM OF SAUDI ARABIAHead of state and government: King Abdullah Bin‘Abdul ‘Aziz Al-SaudDeath penalty: retentionistInternational Criminal Court: not ratified

The government continued with reform initiatives butthese had little impact in improving human rights.There were new violations linked to the “war on terror”and further clashes between security forces andmembers of armed groups. Scores of people suspectedof belonging to or supporting such armed groups werereported to have been arrested but the authorities didnot divulge their identities or other information aboutthem, and it was unclear whether any were chargedand brought to trial. Peaceful critics of the governmentwere subjected to prolonged detention without chargeor trial. There were allegations of torture, and

floggings continued to be imposed by the courts.Violence against women was prevalent and migrantworkers suffered discrimination and abuse. At least 39people were executed.

BackgroundSaudi Arabia was elected to a seat on the new UNHuman Rights Council in May.

About 2,000 demonstrators in various citiesprotested against the Israeli bombardment of Lebanonin July and August. Several people were arrested but allwere believed to have been released without charge.

Some of 300 members of the Ismaili Shi’a communitywere briefly arrested in September when they held aprotest in Nijran against the continuing detention ofother Ismailis, who had been detained in connectionwith demonstrations and clashes in April 2000.Following this, some of the remaining Ismaili prisonerswere released, but others were still believed to be heldat the end of 2006.

Abuses in the context of the ‘war on terror’The government continued to pursue its stated policyof fighting terrorism, often paying little regard tointernational law.

Clashes between security forces and armed groupscontinued in various parts of the country, includingAbqiq, Riyadh and Jeddah. At least five men on thegovernment’s list of suspected al-Qa’ida militants werereportedly killed in a rest house in February duringclashes with security forces in al-Yarmuk district, Riyadh.

The Minister of Interior announced in April that aState Security Court would be introduced to investigateand try alleged terror suspects and supporters ofterrorism but it was not clear whether this had beenestablished by the end of 2006. In June the King saidthat those who handed themselves in to the authoritieswould benefit from an amnesty and be pardoned fortheir actions.

Scores of people suspected of links to al-Qa’ida werearrested. At least 100, including foreign nationals, werereportedly arrested in March, June and August alone inMecca, Madinah and Riyadh.

The authorities did not disclose the names, legalstatus or other details of those arrested in 2006 and inprevious years, and it was not known whether any ofthem were charged or brought to trial.b Fouad Hakim, who was reportedly arrested inDecember 2004 for suspected links to an “extremistorganization”, was believed to have been detainedwithout charge or trial, and without access to a lawyeruntil he was released from al-Ruwais prison, Jeddah, inNovember.b Muhiddin Mugne Haji Mascat, a Somali national,was detained in al-Ha’ir prison in Riyadh. A doctor, hewas arrested in November 2005 for allegedly providingmedical treatment to a security suspect. He wasreleased without charge in April.b Two men arrested in November 2005 — AbdelHakim Mohammed Jellaini, a British national arrestedwhile on a business trip to Mecca and accused of givingfinancial assistance to an “extremist organization”, and


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Abdullah Hassan, a Libyan national — were releasedwithout charge in July. However, their passports werewithheld and they were not permitted to leave SaudiArabia. Abdel Hakim Mohammed Jellaini hadreportedly been beaten and denied food during part ofhis detention.

The Minister of Interior reportedly announced inApril that thousands of detainees had been released,including 700 men linked to al-Qa’ida who theauthorities had “involved in a programme aimed atcorrecting their extremist views”. He did not disclosewhen or over what period these releases had occurred.

Guantánamo Bay detaineesAt least two dozen Saudi Arabian nationals and anethnic Uighur who had been detained by US forces inGuantánamo Bay, Cuba, were repatriated to SaudiArabia in May and June. They were detained uponarrival and held at al-Ha’ir prison. There were fearsthat Siddeq Ahmad Siddeq Nour Turkistani, the Uighur,would be at risk of torture or execution if he were to beremoved to China; he was still believed to be in SaudiArabia at the end of 2006. The Saudi Arabianauthorities said that the Investigation and PublicProsecution Commission would review the cases of thereturned detainees, and at least 12 of them werereleased in May and August. Some were said to havebeen released for lack of evidence of any offence;others were sentenced to one-year prison terms fordocument forgery.

Political prisoners and possible prisoners of conscienceCritics of the government were subjected to detentionwithout charge or trial, often for prolonged periods,before being tried or released.b Dr Shaim al-Hamazani, Jamal al-Qosseibi, Hamadal-Salihi and ‘Abdullah al-Magidi were tried inSeptember, having reportedly been detained withoutcharge or access to lawyers at al-Ha’ir prison for almosttwo years. They were arrested in 2004 after they calledfor political and judicial reform and the release ofpolitical prisoners. They were sentenced to prisonterms of between one and a half and three and a halfyears. Dr Shaim al-Hamazani was released in October,having completed the requisite period in prison, butcontinued to be banned from travelling abroad.b Hind Sa’id Bin Zu’air was detained in August,together with her 10-month-old baby, and held for aweek before being released uncharged, apparentlybecause her father, Dr Sa’id Bin Zu’air, has been criticalof government policies pursued in the context of the“war on terror”.b Twenty men, who were among 250 peoplereportedly arrested for attending a private socialgathering in al-‘Ashamia area in Jizan in August,appeared to be prisoners of conscience detained solelyfor their actual or perceived sexual orientation. Theycontinued to be detained without charge or trial at theend of the year; others held at the same time werereleased uncharged.b A possible prisoner of conscience, Kamil ‘Abbas al-

Ahmad, was released in September from the GeneralIntelligence Office (al-Mabahith al-’Amma) in al-Dammam. He had been detained since August 2003 forundisclosed reasons, apparently connected to his Shi’areligious beliefs.

Freedom of expressionDespite greater press freedom in recent years, writersand journalists who called for reform were subject toshort-term arrests, travel bans or censorship. Somealso faced harassment by private individuals aligned toconservative sectors of society.b In February the daily Shams newspaper wassuspended for six weeks after it re-published thecartoons of the Prophet Muhammad as part of itscampaign to urge actions against the cartoons.b In March Mohsen al-Awaji was reportedlyarrested after he published articles on the Internetcriticizing the authorities and calling for an end tocensorship of websites. He was released withoutcharge after eight days.b Hamza al-Muzaini, an academic who allegedlycriticized a cleric in an article, was fined in May by theMinistry of Information. He was physically attackedand branded an “infidel” in September by a group ofyoung men as he gave a speech on reform of theschool curriculum.b In October a court dismissed a case against Rajaal-Sanei’, author of a book about the lives of youngSaudi Arabian women. She had been accused ofdefaming Saudi Arabian society and misinterpretingverses of the Qur’an. The Ministry of Culture andInformation did not permit her book or some 20others to be featured at the Riyadh International BookFair, because they were considered defamatory toSaudi Arabia and Islam.

Scores of people, including pro-reform figures, weresubjected to travel bans after their release fromdetention. Dr Matrouk al-Falih and Muhammad Sa’eedTayyeb, who were arrested in 2004 for calling forreform, reportedly remained subject to restrictions ontheir freedom of expression and movement imposedwhen they were released in August 2005, and March2004, respectively. Muhammad Sa’eed Tayyeb wasreportedly required to sign a statement at the time of hisrelease that he would not again call for political reform.b Sa’ad Bin Sa’id Bin Zu’air and his brother, MubarakBin Sa’id Bin Zu’air, and their father, Dr Sa’id Bin Zu’air,were reportedly subject to censorship and banned fromtravelling. Sa’ad Bin Sa’id Bin Zu’air was also detainedwithout charge or trial from June to August, duringwhich he was held incommunicado in ‘Ulaisha prison,Riyadh, after he was interviewed on the satellite TVstation, Al-Jazeera.

Women’s rightsWomen continued to face pervasive discrimination, inparticular severe restrictions on their freedom ofmovement. Domestic violence remained widespread;the Saudi Arabian Human Rights Society reported thatit had received reports of hundreds of cases ofdomestic violence. In May it was reported that King


SAU

Abdullah had ordered that a new court be establishedwhich would specialize in hearing domestic violencecases, but it was not clear how far this had progressedby the end of the year.

Women activists continued to lobby for their rights.Following her release, Wajeha Al-Huwaider, who wasbriefly arrested in August 2005 for carrying a placardurging King Abdullah to grant more rights to women,vowed to carry on her activities.

In February the Shura (Consultative Council) rejecteda private member’s bill to lift the ban on women drivingmotor vehicles. In June the authorities appointed sixwomen as consultants to the Shura to advise on issuesaffecting women.

The Ministry of Labour’s plans to increase the numberof Saudi Arabian women in employment suffered asetback. It postponed the implementation of a decisionthat only women could be employed in lingerie shopsafter shop owners proved unable to comply.

Forced removalAbulgasim Ahmed Abulgasim, a political opponent ofthe Sudanese government and member of an armedpolitical group in Darfur, was arrested by SaudiArabian security forces on 26 September at his homein Jeddah where he had lived for over 20 years. He wasapparently arrested because of a speech he gave atthe Sudanese Embassy in which he criticized theSudanese government. He was deported to Sudan,where he was arrested immediately and heldincommunicado, on 28 September.

Migrant workersMigrant workers were subject to abuses by stateauthorities and by private employers. Abuses by stateauthorities included detention without charge or trial,and abuses by employers included physical andpsychological ill-treatment and non-payment of salaries.b Isma’il ‘Abdul Sattar, a Pakistani national,reportedly remained in detention without charge ortrial at al-Ruwais prison, Jeddah, having been arrested10 years previously following a police raid on thecompany where he worked.b Nour Miyati, an Indonesian domestic worker, whowas severely injured by her employer and thensentenced to 79 lashes by a court in Riyadh for accusinghim of abuse, had her sentence overturned on appeal.

Torture and ill-treatmentThere were reports of torture in custody. Sentences offlogging, a form of cruel, inhuman and degradingpunishment which may amount to torture, continued tobe routinely imposed by the courts. Those sentenced tofloggings included young men and children accused bythe Committee for the Prevention of Vice andPromotion of Virtue of harassing women. Thegovernment was reported in May to have instructed theCommittee to refer cases of harassment of women tothe prosecuting authorities.b Ma’idh Al-Saleem was released in Novemberfollowing a pardon by the King. He was reported tohave been arrested in 2001, aged 16, and to have been

tortured for several days until he “confessed” to making“verbal comments contrary to Shar’ia”. He wassentenced to death but this was later reduced onappeal to 14 years’ imprisonment and 4,000 lashes, towhich he was subjected in repeated sessions of 50lashes at a time.b Nabil Al-Randan was reported to have fled SaudiArabia when, in April, the Court of Cassation upheld asentence of 90 lashes for “immoral behaviour” after heappointed two women to work in a restaurant he owned.b Puthen Veetil Abdul Latheef Noushad, an Indiannational who was sentenced to have an eye removed inDecember 2005, was pardoned by the man he was said tohave partially blinded in a dispute and released on 5 April.

Death penaltyAt least 39 people were executed. The authorities didnot disclose the number of people sentenced to death.Many defendants complained that they were notrepresented by lawyers and were not informed of theprogress of their trial.b Suliamon Olyfemi, a Nigerian, remained undersentence of death. He had been convicted of murderafter a trial in 2004 which was conducted in Arabic, alanguage which he did not understand, without theassistance of an interpreter. He was reportedly torturedor ill-treated in pre-trial detention and denied access tolegal representation or adequate consular assistance.b Majda Mostafa Mahir, a Moroccan national whowas sentenced to death after an unfair trial in 1997, andwhose death sentence was annulled after the victim’sfamily requested a revocation of the sentence, wasreleased on 12 November and returned to Morocco. InApril, the Secretary of the Crown Prince had reportedlyvisited her in Briman prison, Jeddah.b Hadi Sa’eed Al-Muteef, who was sentenced to deathfor making “verbal comments contrary to Shar’ia” in2001, had his sentence commuted to a prison term. Hewas reportedly denied access to a lawyer, and notinformed of proceedings against him or appealprocesses.

Saudi Arabia assured the UN Committee on the Rightsof the Child in January that it had not carried out anyexecutions of child offenders since the Convention onthe Rights of the Child came into force in Saudi Arabia in1996. However, child offenders continued to besentenced to death.b Five teenagers were reported in August to havebeen sentenced to death by a lower court in Madinah, in connection with the murder of a 10-year-old boy in 2004.

AI country reports/visitsStatement• Saudi Arabia: Government must take urgent action to

abolish the death penalty for child offenders (AI Index: MDE 23/001/2006)


SEN

SENEGALREPUBLIC OF SENEGALHead of state: Abdoulaye WadeHead of government: Macky SallDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Sporadic fighting resumed in the southernCasamance region and an intervention by the armyof Guinea-Bissau led thousands of people to flee.Leaders and supporters of opposition parties wereharassed and threats to freedom of expressioncontinued. Hundreds of migrants and asylum-seekerswere arrested while trying to reach Europe. A draftlaw permitting Hissène Habré to be tried in Senegalwas adopted.

BackgroundIn February, talks between the government and theDemocratic Forces of Casamance Movement(Mouvement des forces démocratiques de Casamance,MFDC), an armed group seeking independence for theregion, were again postponed because of violentclashes between rival MFDC factions.

Political tension between supporters of PresidentWade and opposition leaders intensified in the run-upto a presidential election scheduled for February 2007.Opposition parties protested against a constitutionalamendment adopted in November abolishing theminimum percentage of votes required for a Presidentto be elected. Tension escalated after the arrest ofJean-Paul Dias, leader of the Gaïndé Centrist Block(Bloc des centristes gaïndé, BCG). He was accused ofinsulting the head of state and calling on oppositionleaders not to respond to court or police summonses.His son, Barthélémy Dias, was arrested on similarcharges in August. Both were sentenced to prisonterms. Jean- Paul Dias was provisionally released inSeptember on health grounds while his son benefitedfrom a presidential pardon in November.

Harassment of political opponentsIn February, former Prime Minister Idrissa Seck wasreleased after seven months in jail after most of thecharges against him – including threatening statesecurity and embezzlement – were dropped.Nevertheless, some of his supporters continued to beharassed and some were arrested on charges ofcomplicity in money laundering.

Arrests and repatriation of migrantsThousands of migrants and asylum-seekers, mostlysub-Saharan Africans, continued to transit throughSenegal. Many sought to reach the Canary Islands(Spain) and hundreds were arrested by Senegalesesecurity forces. Coastal surveillance was reinforcedafter an agreement in August between Senegal andSpain to implement joint security measures to curb the

flow of clandestine migrants. In September andOctober, more than 90 Pakistani migrants, including atleast one minor, were arrested, charged with attemptedillegal immigration and repatriated.

Fighting in CasamanceThe resumption of fighting in Casamance led to thedisplacement of more than 8,000 people in the borderregion, of whom some 6,000 fled to neighbouringGuinea-Bissau and 2,000 deeper into Senegal. In Aprilforces of the Guinea-Bissau army entered Senegaleseterritory to attack the base of the MFDC faction led bySalif Sadio, claiming that he was a major obstacle topeace in Casamance and was threatening the security ofneighbouring countries. Many people fled their homes atthis time. However, Salif Sadio remained at large and hisforces reportedly retreated into northern Casamance. InAugust, another wave of more than 6,000 people fled toneighbouring Gambia following clashes between rivalMFDC factions in northern Casamance.

Freedom of expressionThreats to freedom of expression continued, targetingjournalists and writers critical of the government.Customs officers were reportedly disciplined forallowing several books published in France and writtenby Senegalese authors, including Abdou Latif Coulibaly,to enter Senegal. As a result, other books were blockedat customs and could not be distributed in Senegal.b In January, six staff members of the private radiostation, Sud FM, who had been briefly detained inOctober 2005 after an interview with Salif Sadio, wereacquitted after charges of “complicity in endangeringthe security of state” were dropped.

Hissène HabréProgress was made in the fight against impunity. In July,the African Union (AU) Assembly of Heads of State andGovernment required Senegal to try Hissène Habré,Chad’s former President, who had been living inSenegal since he was ousted from power in 1990. Thisdecision followed Senegal’s request that the AUindicate who had jurisdiction to try Hissène Habré. Hehas been subject since 2005 to an extradition requestand international arrest warrant issued by a Belgianjudge for torture and other crimes committed during hisrule from 1982 to 1990. In November Senegal’s Councilof Ministers adopted a draft law to permit HissèneHabré to be tried. In December, the government set up a working group to be in charge of organizing HissèneHabré’s trial.


SER

SERBIAREPUBLIC OF SERBIAHead of state: Boris Tadi»Head of government: Vojislav Ko®tunicaDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Serbia’s failure to arrest and transfer indictedsuspects to the International Criminal Tribunal for theformer Yugoslavia (Tribunal) led to the suspension oftalks on a Stabilization and Association Agreementwith the European Union (EU). Low-ranking officialswere brought to justice in domestic war crimes trials.Discrimination continued against Romani and otherminorities, especially in Kosovo.

Political developmentsOn 2 May the EU suspended negotiations on theStabilization and Association Agreement after theauthorities in Serbia and Montenegro failed to arrestsuspects indicted by the Tribunal – in particularBosnian Serb General Ratko Mladi». Negotiationsremained suspended. On 14 December Serbia wasadmitted to NATO’s Partnership for Peace.

Following an independence referendum on 21 May,Montenegro seceded from the state of Serbia andMontenegro. The Council of Europe continued toseparately monitor Serbia’s compliance withconditions agreed on accession.

Just over 50 per cent of voters in a referendum inOctober favoured the new Serbian Constitution, whichrestated that Kosovo and Metohija were part of Serbianterritory. The Albanian minority in southern Serbiaboycotted the referendum, and ethnic Albanians inKosovo were not eligible to vote.Final status of KosovoFollowing the failure to reach agreement between theSerbian and Kosovo authorities in talks from Februaryto October, in November the UN Special Envoy forKosovo – with the agreement of the UN Secretary-General – postponed a decision on the final status ofKosovo until after Serbian elections in January 2007.Kosovo remained part of Serbia and wasadministered by the UN Interim AdministrationMission in Kosovo (UNMIK).

On 10 March, UNMIK began to transfer governmentresponsibilities to the Provisional Institutions of Self-Government in Kosovo. On 1 June the SpecialRepresentative to the UN Secretary-General in Kosovo(SRSG) announced that UNMIK had begun preparationsto leave Kosovo. The EU began preparing for UNMIK’shandover to an EU Crisis Management Operation.

Impunity for war crimesFormer Serbian President Slobodan Milo®evi» diedfollowing a heart attack at the Tribunal Detention Uniton 11 March. He had been on trial before the Tribunal forwar crimes and crimes against humanity in Kosovo and

Croatia, and for genocide, war crimes and crimesagainst humanity in Bosnia and Herzegovina.

The Tribunal further restricted the conditions underwhich former Kosovo Prime Minister Ramush Haradinajcould engage in domestic politics. Indicted for crimesagainst humanity and war crimes on 24 February 2005,he had been provisionally released from the Tribunal inJune 2005. He was re-elected leader of the Alliance forthe Future of Kosovo on 20 May 2006.

In June, Carla del Ponte, Chief Prosecutor to theTribunal, reported to the UN Security Council that Serbia’sco-operation with the Tribunal remained “difficult andfrustrating”, although there were improvements in accessto archives and documents. She expressed seriousconcerns at the lack of co-operation by UNMIK.b On 21 June indictments were joined of charges ofwar crimes in Kosovo against six senior Serbianpolitical, police and military officials. Proceedingsstarted in July.b On 27 February the International Court of Justiceopened public hearings on genocide charges filed byBosnia and Herzegovina against Serbia and Montenegro.b On 17 November the Tribunal transferred to Serbiathe indictment against Vladimir Kova½evi», chargedwith six counts of war crimes in connection with thebombing of Dubrovnik in Croatia.

SerbiaDomestic war crimes trialsProgress was made in bringing Serbs suspected of warcrimes to justice in domestic proceedings at the specialWar Crimes Chamber of the Belgrade District Court,although the Supreme Court continued to overturn warcrimes verdicts and send cases back for retrial.b The trial continued of five former members of theparamilitary unit known as the Scorpions. They werecharged with war crimes, together with three others,for the killing of six Bosniak civilians in 1995 atGodinjske bare near Trnovo in Bosnia and Herzegovina.b On 30 January, Milan Buli» was sentenced to eightyears’ imprisonment for involvement in war crimesagainst Croatian civilians in 1991 at Ov½ara in Croatia.Fourteen other defendants had been convicted andsentenced in December 2005.b In March, at the request of the SRSG, an Interpolwarrant requested by Serbia, for the arrest onsuspicion of war crimes of Kosovo Prime Minister AgimÇeku, former Kosovo Liberation Army (KLA) chief ofstaff and commander of the Kosova Protection Corps,was withdrawn.b In April the SRSG unsuccessfully challenged theSerbian court’s jurisdiction in the case of Anton Lekaj, aformer KLA soldier. On 18 September the courtsentenced him to 13 years’ imprisonment for warcrimes, including the rape of a Romani girl in Kosovoand the murder of three Romani men.Enforced disappearancesHuman rights groups in February called for aparliamentary inquiry into an alleged official cover-upof the transfer from Kosovo to Serbia of the bodies ofethnic Albanians killed in 1999. Some were hidden inmass graves, others allegedly burned at the Ma½katica


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smelting plant. On 30 June the last of the bodies of morethan 700 ethnic Albanians exhumed from mass graveswere returned to Kosovo. Police investigations wereopened, according to reports in September, but noindictments were published by the end of 2006.b On 2 October, the trial started at the War Crimes Chamber in Belgrade of eight former policeofficers – including Radoslav Mitrovi», former Kosovospecial police commander and Radojko Repanovi»,police commander in Suva Reka – indicted on 25 Aprilfor the murder of 48 ethnic Albanian civilians, all butone from the same family, in Suva Reka in March 1999.Some of their bodies had been exhumed at Batajnica.b On 13 November the trial opened of two formerpolice officers indicted in August for the murder ofthree Kosovo-Albanian brothers with US nationality.Torture and ill-treatmentThe new Serbian Criminal Code, which entered intoforce on 1 January, introduced a specific criminaloffence of torture.

Numerous detainees alleged torture and other ill-treatment aimed at extracting “confessions”, mostly atthe time of arrest and during the first hours ofdetention at police stations, according to a report bythe European Committee for the Prevention of Torturepublished in May. Reported methods included “falaka”(beating on the soles of the feet).b In November police allegedly used excessive forceagainst a prison protest at the government’s failure toimplement an amnesty law. Lawyers and relatives werereportedly unable to visit some of the 50 prisoners whohad been hospitalized or placed in solitaryconfinement.Political killingsb In May the Serbian Supreme Court ordered theretrial of Milorad Ulemek and former secret police chiefRadomir Markovi», citing serious violations ofprocedure. The two men had been convicted of theattempted murder of government minister VukDra®kovi» and the murder of four other men, andsentenced to 15 and 10 years’ imprisonmentrespectively, in June 2005.b In November, Aleksandar Simovi» was arrested forthe murder in June of Zoran Vukojevi», a witness at aseparate trial of Milorad Ulemek and others on chargesof murdering former Serbian Prime Minister ZoranÐinði». Others indicted for the murder of Zoran Ðinði»remained at large.b On 10 September municipal election candidateRuûdija Durovi» was killed in a shooting incident at apolling station in Novi Pazar in the Sandûak region. Thekilling was believed to be politically motivated. Threeothers were injured. Two suspects were arrested within24 hours and remained in detention in November. Fourpeople were injured in November when an explosivedevice was thrown into the home of a DemocraticAction Party official.Human rights defendersProsecutions believed to be malicious and politicallymotivated were opened in several proceedings againstBiljana Kova½evi»-Vu½o, director of the LawyersCommittee for Human Rights, and Humanitarian Law

Centre director Nata®a Kandi». The charges includeddefamation.Discrimination against minoritiesb In October, eight football fans were indicted in¼a½ak for racial abuse of a Zimbabwean player, and 152Belgrade fans were arrested for racial abuse during afootball match against the mainly ethnic Bosniak teamfrom Novi Pazar.b On 6 February ©abac Municipal Court convictedBogdan Vaslijevi» of “violating the equality of citizens”for preventing three Romani people from entering aswimming pool on 8 July 2000. He received asuspended three-month prison term.b On 6 March the UN Committee on the Eliminationof Racial Discrimination found that Serbia andMontenegro had failed to provide an effective remedyin the case of a Romani man, Dragan Durmi», refusedentry to a Belgrade discotheque in March 2000.Violence against womenViolence against women, including domestic violenceand trafficking for the purposes of forced prostitution,remained widespread. On 10 January, the Ministry forLabour, Employment and Social policy published a draftstrategy on combating violence against women butfailed to consult women’s organizations.

KosovoAn UNMIK regulation in February effectively withdrewthe jurisdiction of the Ombudsperson’s Office overUNMIK. The Human Rights Advisory Panel, proposed asan alternative mechanism on 23 March, failed toprovide an impartial body which would guaranteeaccess to redress and reparations for people whoserights had been violated by UNMIK. It had not beenconstituted by the end of 2006.

Recommendations to strengthen protection forminorities by the Advisory Committee on theFramework Convention for the Protection of NationalMinorities, made public in March, were notimplemented. The UN Human Rights Committeecriticized the lack of human rights protection in Kosovofollowing consideration of an UNMIK report in July.

In November the European Court of Human Rightsconsidered the admissibility of a case against Frenchmembers of the NATO-led Kosovo Force (KFOR)brought by the father of a 12-year-old boy killed inMay 2000 by an unexploded cluster bomb that thetroops had failed to detonate or mark. His youngerson was severely injured.Inter-ethnic violenceImpunity continued for the majority of perpetrators ofethnically motivated attacks. Most attacks involved thestoning of buses carrying Serb passengers by Albanianyouths. In some cases, grenades or other explosivedevices were thrown at buses or houses, and Orthodoxchurches were looted and vandalized.

Three predominantly Serbian municipalities declareda “state of emergency” on 2 June following attacks theyconsidered ethnically motivated, and announced aboycott of the UNMIK police and the Kosovo PoliceService (KPS). Additional international police weredeployed and ethnic Albanian KPS officers withdrawn.


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b On 1 June, a Serbian youth was shot dead on theroad between Zve½an/Zveçan and Zitkovac/Zhitkoc.b On 20 June, a 68-year-old Serbian man who hadreturned the previous year to Klinë/a was reportedlyshot dead in his own house.b In June, two Romani families reportedly left thevillage of Zhiti/Zitinje after an incident in which anethnic Albanian was later arrested.War crimes trialsImpunity for war crimes against Serbs and otherminorities continued.b On 11 August former KLA member Selim Krasniqiand two others were convicted before aninternational panel of judges at Gnjilanë/GjilanDistrict Court of the abduction and ill-treatment at aKLA camp in 1998 of ethnic Albanians suspected ofcollaborating with the Serb authorities. They weresentenced to seven years’ imprisonment. A visit toSelim Krasniqi in prison by Prime Minister Agim Çekuprovoked an outcry.

UNMIK police failed to conduct investigations intooutstanding cases of abducted members of minoritycommunities. On 13 October the bodies of 29 Serbs andother non-Albanians exhumed in Kosovo were handedover to the Serbian authorities and to families forburial in Belgrade.Excessive force by policeb On 25 May, 33 women, 20 children and three menrequired treatment for exposure to tear gas and otherinjuries after UNMIK police beat people and used teargas in the village of Krusha e Vogël/Mala Kru®a. Womenhad surrounded a convoy of armoured UNMIK vehiclesescorting defence lawyers for Dragoljub Ojdani»,indicted by the Tribunal with responsibility for themurder of over 100 men and boys in the village in 1999.An UNMIK inquiry found that the police had usedreasonable force, but acknowledged that the incidentcould have been avoided with adequate preparation.

On a number of occasions, UNMIK and KPS officersused excessive force in peaceful demonstrationsagainst UNMIK and the Kosovo status talks by membersof the non-governmental Vetëvendosje! (SelfDetermination!) organization.b On 23 August, 15 people were reportedly ill-treatedfollowing arrest at Pristina police station. The ActingOmbudsperson asked the prosecutor to open aninvestigation in the case of one man whose arm andnose were broken and eyes injured.b On 6 December the commander of Peja/Pe» KPSand two KPS officers were suspended following adetainee’s death in custody.Discriminationb Most Romani, Ashkali and Egyptian families livingon lead-contaminated sites near Mitrovicë/avoluntarily moved to a former military camp atOsterode at the beginning of 2006. Some Romaremained at one site until it was destroyed by fire.There was a lack of meaningful consultation with thecommunities before relocation and on the rebuilding oftheir former homes in the Romani neighbourhood ofsouth Mitrovicë/a. Some of the community returned tonewly built houses in December.

In February the European Court of Human Rightsdecided it was not competent to rule on a petition bythe communities that their economic and social rightshad been violated, on the grounds that UNMIK was nota party to the European Convention on Human Rights.b In early 2006, a senior KPS officer was reportedlyremoved from his post and other officers given trainingafter a complaint to the UNMIK police commissioner bytwo gay men. After being assaulted on 31 December2005 in a village outside Pristina, they had been takento hospital by KPS officers and asked to file a complaint,but were later subjected to insulting and degradingabuse when their sexual orientation was discovered.Officers told them, incorrectly, that homosexuality wasunlawful in Kosovo.Refugee returnsThe rate of return of people displaced by the conflict inKosovo remained low, although it was reported in Junethat some 400 Serbs had agreed to return to Babushvillage near Ferizaj/Uro®evac. Those forcibly returnedto Kosovo from EU member states were rarely providedwith support and assistance by the authorities.Violence against womenUp to three cases a day of domestic violence werereported by the UNMIK police. The Ministry of Justiceand Social Welfare agreed in July to provide funding forthe women’s shelter in Gjakova/Ðakovica, andpromised financial support for other shelters.

Trafficking for the purposes of forced prostitutioncontinued to be widespread. Reportedly, 45 criminalproceedings related to trafficking were taking place inJuly. Little progress was made in implementing theKosovo Action Plan of Trafficking, published in 2005.



• Kosovo/Kosova (Serbia): Human rights protection inpost-status Kosovo/Kosova – Amnesty International’srecommendations relating to talks on the final status ofKosovo/Kosova (AI Index: EUR 70/008/2006)

• Kosovo (Serbia and Montenegro): United NationsInterim Administration Mission in Kosovo (UNMIK) –Conclusions of the Human Rights Committee, 86thSession, July 2006 (AI Index: EUR 70/011/2006)

• Kosovo (Serbia): The UN in Kosovo – a legacy ofimpunity (AI Index: EUR 70/015/2006)6)

VisitAI delegates visited Kosovo in April.


SIE

SIERRA LEONEREPUBLIC OF SIERRA LEONEHead of state and government: Ahmad Tejan KabbahDeath penalty: retentionistInternational Criminal Court: ratified

The police officially took over internal security at thebeginning of the year. Several political opponents ofthe government were arrested and faced trial. FormerLiberian President Charles Taylor was transferred tothe Special Court for Sierra Leone in March, and threetrials before the Special Court continued. Trials offormer combatants were concluded. There was littleprogress in implementing the recommendations ofthe Truth and Reconciliation Commission, instrengthening the justice system or in reforming lawsthat discriminate against women.

BackgroundThe UN peacekeeping office in Sierra Leone (UNAMSIL)was replaced with a peace-building office, the UNIntegrated Office in Sierra Leone (UNIOSIL), at the startof the year. UNIOSIL made a slow start to its work due tostaffing difficulties. The UN Peacebuilding Commission,an intergovernmental advisory body to co-ordinate theresources of the international community in countriesemerging from conflict, chose Sierra Leone as a pilot.

The overall security situation was generally stableand the government took further steps towardsassuming responsibility for the maintenance ofsecurity. There were, however, some security concernsin areas bordering Guinea. Support for the army fromthe International Military Advisory and Training Team(IMATT), a retraining body from Britain, the USA,Canada, Bermuda, Australia and France, continuedthroughout the year.

Sierra Leone remained one of the poorest countriesin the world with 70 per cent of the population living onless than US$1 a day and high illiteracy rates. Rates ofmortality and disease were at crisis levels due to theinadequacy of the health infrastructure.

Four political parties campaigned ahead of electionsscheduled for mid-2007.

Special Court for Sierra LeoneOn 29 March Charles Taylor was transferred fromNigeria to Liberia after an official request to theNigerian government by Liberian President EllenJohnson-Sirleaf. Upon arriving in Liberia, Charles Taylorwas arrested and transferred to the Special Court forSierra Leone. On 30 March, the Special Court for SierraLeone made an official request to the Netherlands tohost his trial there, citing security issues. There wereconcerns that political considerations lay behind themove, rather than security.

On 15 June the United Kingdom (UK) agreed toimprison Charles Taylor if he was sentenced to a prisonterm. On 16 June UN Resolution 1688 was passed, which

relocated the trial from Freetown to the premises of theInternational Criminal Court in The Hague, theNetherlands. On 20 June Charles Taylor was officiallytransferred to The Hague. The indictment againstCharles Taylor was reduced from 17 to 11 counts of warcrimes and crimes against humanity. In April CharlesTaylor pleaded not guilty. Two pre-trial hearings tookplace, and the trial was due to start in 2007.

Trials continued before the Special Court for SierraLeone of those bearing the greatest responsibility forcrimes against humanity, war crimes and other seriousviolations of international law committed in the civilwar after 30 November 1996. Charges included murder,mutilation, rape and other forms of sexual violence,sexual slavery, conscription of child soldiers,abductions and forced labour. In December the UNSecretary-General appointed Stephen Rapp, a USnational and Chief of Prosecutions at the InternationalCriminal Tribunal for Rwanda, as the new Prosecutor ofthe Special Court.

Of 11 people indicted, 10 were in custody, but JohnnyPaul Koroma, former Chairman of the Armed ForcesRevolutionary Council (AFRC), remained at large.Although individually charged, the trials wereconducted in three groups. In the Revolutionary UnitedFront (RUF) trial of three men including Issa Sesay, theprosecution closed on 2 August and the defence wasdue to start in 2007. In the Civil Defence Forces trial ofthree men including Moinina Fofana, closing argumentsbegan in late November. In the AFRC trial, the defenceconcluded in December.

Arrests and trials of political opponentsSeveral suspected political opponents of thegovernment were arrested and tried during the year.b In January Omrie Golley, former spokesman of theRUF, Mohamed Alpha Bah and David Kai-Tongi werearrested in Freetown. The three were charged withtreason, and by the end of the year, after numerousdelays, the trial had not been concluded.b In February Charles Margai, interim leader of thePeople’s Movement for Democratic Change (PMDC),was arrested, prompting peaceful protests by PMDCsupporters. His trial was continuing at the end of the year.

Trials of former combatantsThe trials of former members of the RUF and AFRCcharged with treason, who had been detained inPademba Road Prison, concluded before the High Courtin Freetown. Forty-two were acquitted, three weresentenced to 10 years’ imprisonment and 13 receivedother sentences.

In the trial of 31 members of the West Side Boys, anarmed group, 25 were acquitted and six sentenced tolife imprisonment.

Press freedomIn February the Minister of Justice announced that hewould not pursue charges of manslaughter in the caseof Harry Yansaneh, editor of the newspaper For diPeople, who died after being beaten by a group of men


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in 2005. Human rights defenders called for theextradition from the UK of three men allegedlyinvolved in the assault, who fled to the UK after hisdeath.b In March Sarh Musa Yamba, Editor of the ConcordTimes, was arrested by the Criminal InvestigationDepartment (CID), allegedly on the orders of theAttorney General’s office. He was later releasedwithout charge.

Reform of the justice sectorThere was little progress in the reform of the justicesector. The main challenges included the slow pace of trials and interference with the judiciary by the executive.

After members of civil society lobbied the LawReform Commission, it announced plans to reform theConstitution to bring it in line with current legislation.It planned to hold a referendum on an amended draftConstitution in July 2007, coinciding with presidentialand parliamentary elections.

Violence against womenWomen continued to face widespread discriminationand violence, compounded by a lack of access tojustice. Little progress was made in reformingproposed laws on marriage, inheritance and sexualoffences. Delays in the Law Officer’s Departmentcontinued and by the end of 2006 draft laws had notyet been presented to Parliament for approval.Legislation on domestic violence remained in thedrafting stage. A draft report on the implementationof the UN Women’s Convention was delayed until 2007.

In the informal legal sector, chiefs and local courtofficials often gave rulings and adjudications in casesoutside their jurisdiction. The government did little tocurtail the practices of chiefs who illegally imposedfines or imprisoned women based on theirinterpretation of customary law, under which women’sstatus in society is equal to that of a minor.

National Human Rights CommissionBy October the five Commissioners chosen by thePresident for the National Human Rights Commissionwere approved by Parliament. They were JamesinaKing, Yasmin Jusu Sheriff, Edward Sam, Joseph Stanleyand Reverend Kanu. The Commission’s mandate was tofocus on human rights protection and promotion and toserve as a watchdog body.

Truth and Reconciliation CommissionImplementation of the recommendations of the Truthand Reconciliation Commission (TRC), whose reportwas published in 2004, was minimal. A code of conductfor judges and magistrates was adopted to reducepolitical interference in the prosecution of corruptioncases. During 2006 a TRC task force developed acomprehensive action plan for the government toimplement the TRC recommendations and identified agovernment agency, the National Commission forSocial Action, to assist in the process.

Death penaltyDespite efforts by civil society to achieve abolition ofthe death penalty, a key recommendation of the TRC, 22people, including five women, remained undersentence of death. Lawyers for Legal Assistancepublicized plans to petition the Supreme Court to orderthe government to abolish the death penalty.

AI country reports/visitsReports• Sierra Leone: Women face human rights abuses in

the informal legal sector (AI Index: AFR 51/002/2006)• Sierra Leone: Special Court for Sierra Leone: Issues

for consideration regarding the location of the trialof Charles Taylor (AI Index: AFR 51/005/2006)

VisitAI delegates visited in May to launch AI’s report onabuses of women’s rights in the informal legal sector.

SINGAPOREREPUBLIC OF SINGAPOREHead of state: S R NathanHead of government: Lee Hsien LoongDeath penalty: retentionistInternational Criminal Court: not ratified

Freedom of expression and assembly came underincreasingly close controls. Men arrested in previousyears were held without charge or trial under theInternal Security Act amid fears that they were at riskof ill-treatment. Death sentences were imposed andat least five people were executed. Criminaloffenders were sentenced to caning.

BackgroundThe People’s Action Party (PAP), which has dominatedpolitical life and wider society for nearly half a century,was re-elected for a five-year term in May. The party’sstated commitment to building a more open society didnot materialize.

Restrictions on free expression and assemblyCivil defamation suits and criminal charges were usedor threatened against government critics, human rightsactivists, Falun Gong practitioners and foreign newsmedia. Tighter restrictions on several major foreignpublications were announced in August, enabling theauthorities to take punitive measures more easily.b Dr Chee Soon Juan, leader of the oppositionSingapore Democratic Party, was declared bankrupt in


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February when he was unable to pay damages of500,000 Singapore dollars (approximately US$306,000)to two PAP leaders when a 2001 defamation suit ended.As a bankrupt, he was barred from seeking election. Hewas imprisoned for eight days in March for contempt ofcourt after saying publicly that the judiciary lackedindependence. In November he was sentenced to aprison term of five weeks for speaking in public withouta permit. On his release he faced further criminalcharges for speaking in public without a permit andattempting to leave the country without permission. InAugust the publisher and the editor of the Far EasternEconomic Review were sued for defamation inconnection with a favourable article about him.b J B Jeyaretnam, former leader of the oppositionWorkers’ Party, unsuccessfully appealed against thebankruptcy imposed on him in 2001 after a series ofpolitically motivated defamation suits. He remainedunable to stand for re-election.b Writer Lee Kin Mun was suspended by the state-owned newspaper Today following publication of acritical article on Singapore’s living costs.b Two Falun Gong practitioners were convicted ofholding an illegal protest outside the Chinese Embassyand sentenced in November to prison terms of 15 daysand 10 days respectively. Nine practitioners werecharged with illegally assembling to distribute leaflets.Jaya Gibson, a British journalist and Falun Gongpractitioner, was denied entry to Singapore.b The government restricted both domestic andforeign activism relating to a meeting in Singapore ofthe World Bank and International Monetary Fund inSeptember, provoking worldwide criticism, includingfrom both institutions.

Detention without charge or trialSome 34 men remained in detention without charge ortrial under the Internal Security Act. The authoritiesclaimed the men were involved in militant Islamistgroups and posed a security threat to Singapore. Sevendetainees were reportedly released after co-operatingwith the authorities and responding well to“rehabilitation”. In February, Deputy Prime MinisterWong Kan Seng was reported as saying that thetreatment of such detainees was not a “tea party” butdenied they had been tortured.

Conscientious objectorsAt least eight conscientious objectors were imprisoned,and 12 others continued to serve their sentences during2006. All were members of the banned Jehovah’sWitnesses religious group. There were no movestowards offering an alternative to military service.

Death penalty and corporal punishmentAt least five people were executed, two in Junefollowing conviction for drug trafficking, the others inNovember after being convicted of murder. Deathsentences were handed down to at least five people.

The presence of foreign prisoners on death rowraised the international profile of Singapore’s high rateof executions. The UN Special Rapporteur on

extrajudicial, summary or arbitrary executionsexpressed concern about executions in Singapore andcalled for an end to death sentences for drug-relatedoffences, arguing that the mandatory death sentence isa violation of international legal standards. In Januarythe Singapore Law Society said it intended to carry out“an open-minded review of the legal issues” related tothe death penalty.

People continued to be sentenced to caningthroughout the year, including a 16-year-old boyconvicted of theft and judged unsuitable forreformative training.

SLOVAKIASLOVAK REPUBLICHead of state: Ivan Ga®parovi½Head of government: Robert Fico (replaced Mikulá®Dzurinda in July)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

Roma faced serious discrimination in access tohousing, education, employment, health care andother services, as well as persistent prejudice andhostility. Romani pupils were frequently taught insegregated classes or were over-represented inspecial schools for children with mental disabilities.Women, particularly from the Romani community,were vulnerable to trafficking for the purpose ofsexual exploitation.

BackgroundIn parliamentary elections on 17 June, the Direction-Social Democracy (Smer) party won the most votes. Tosecure a ruling majority, it formed a coalition with theSlovak National Party (SNS) and the People’s Party-Movement for a Democratic Slovakia. As both coalitionpartners, particularly the SNS, were deemed to havepromoted ethnic or racial prejudices and hatred, Smer’smembership of the Party of European Socialists in theEuropean Parliament was suspended.

On 3 February, the Constitution was amended toincrease the powers of the Public Defender of Rights(Ombudsperson), including the right to bring casesbefore the Constitutional Court when laws andregulations threaten human rights and basic freedoms.Another amendment specified the duty of all publicsecurity forces to co-operate with the Public Defender.

Exclusion of RomaRoma faced discrimination in access to housing,education and employment, according to the final


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report on the human rights situation of the Roma, Sintiand Travellers in Europe by the Commissioner forHuman Rights of the Council of Europe, published inFebruary. The Commissioner expressed concern thatRomani children were unjustifiably placed in specialschools. He recommended that the government ofSlovakia establish mechanisms to enable women whohad been sterilized without informed consent to obtaincompensation.

Concerns that Romani children were being taught insegregated classes in primary schools and were over-represented in special schools were expressed by theEuropean Monitoring Centre on Racism andXenophobia in a report in May on Roma and Travellersin public education.

The Council of Europe Advisory Committee on theFramework Convention for the Protection of NationalMinorities published its second opinion on Slovakia inJune. Although it found improvements in inter-community relations and intercultural understanding,prejudice and intolerance towards certain groupspersisted, and hostile attitudes toward the Romaneeded to be addressed. The Roma generally facedserious disadvantages, including in education,employment, housing and health care, and theirinvolvement in public affairs was insufficient.

Almost 75 per cent of Romani households dependedon aid from the state, municipalities or charitableorganizations, according to a UN DevelopmentProgramme report released in October. The reportrecommended a public debate in Slovakia on theintroduction of temporary affirmative action measuresfor Roma, and that consideration be given to extendingcompulsory school attendance from the current age of15 to 18 years.

In the first reported court case brought under the2004 Anti-Discrimination Law, on 31 August the DistrictCourt of Michalovce ruled that a café in Michalovce haddiscriminated against three Roma activists from a localnon-governmental organization, Nová Cesta, bydenying them access in an incident in 2005. However,the court failed to specify the grounds of discrimination.

International scrutinyIn February the European Committee for thePrevention of Torture published a report of its visit toSlovakia in 2005, noting among other thingsallegations that the police ill-treated detainees at thetime of arrest and in custody. The Committeerecommended that priority be given to police training,particularly in high-risk situations such as theapprehension and interrogation of suspects, and formeasures to enable people who alleged police ill-treatment, or their lawyer or doctor, to request aforensic medical examination.

The Committee also reported that “net beds” werestill widely used at the time of its visit in facilities forpeople with mental illnesses and disabilities. Itrecommended that comprehensive scientific researchbe commissioned into the use of “net beds” inpsychiatric establishments and alternative methods ofmanaging patient care.

Racially motivated attacksMembers of ethnic minorities continued to besubjected to racist attacks. Police investigationssometimes appeared dilatory or failed to acknowledgethe racist motives of the attackers.b On 13 July, three young men, one of them under theage of 18, reportedly attacked three students fromAngola near student hostels in Bratislava’s MlynskáDolina district, shouting racist and Nazi slogans. Policewere still investigating the alleged attackers at the endof 2006.b Reports of an attack on an ethnic Hungarian girl inNitra on 25 August provoked an outcry and protests bythe Hungarian government. A police investigationconcluded that she had fabricated her account. A courtruling on her complaint was pending.b On 9 September, three masked men attacked aRomani family at their home in Sereï, injuring a girl anda 57-year-old man. The police detained theperpetrators and confirmed that the attack was raciallymotivated.

Trafficking of womenIn January, the government adopted a National ActionPlan to Fight Human Trafficking for 2006-2007, toaddress the trafficking of women from Slovakia to othercountries for the purpose of sexual exploitation andother sexual abuse. Romani women and girls wereparticularly vulnerable to such crimes.

In September, the police in the Czech Republicdetained and brought charges against 16 people fortrafficking women from Slovakia and the CzechRepublic.



VisitsAI representatives visited Slovakia in March andSeptember.


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SLOVENIAREPUBLIC OF SLOVENIAHead of state: Janez Drnov®ekHead of government: Janez Jan®aDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

There was continued concern about the status ofthousands of people whose names were removedfrom the registry of permanent residents in 1992(known as the “erased”). Members of Romanicommunities faced discrimination, including inaccess to education.

The ‘erased’The authorities failed to resolve the problems relatingto the so-called “erased”, some 18,305 individualsunlawfully removed from the Slovenian registry ofpermanent residents in 1992. The “erased” were peoplefrom other former Yugoslav republics who had beenliving in Slovenia but had not acquired Sloveniancitizenship after Slovenia became independent. Theauthorities failed to ensure that the “erased” had fullaccess to economic and social rights, including the rightto work and access to health care.

Although the Slovenian Constitutional Court hadruled in 1999 and 2003 that the removal of theseindividuals from the registry of permanent residentswas unlawful, approximately one third of the “erased”still did not have Slovenian citizenship or a permanentresidence permit. Many were living in Slovenia“illegally” as foreigners or stateless persons; otherswere forced to leave the country. Those who managedto obtain Slovenian citizenship or permanent residency– often after years of bureaucratic and legal struggle –continued to suffer from the consequences of their pastunregulated status and had no access to full reparation,including compensation.

In June, 11 “erased” people filed an application withthe European Court of Human Rights claiming that the“erasure” resulted in violations of their rights, includingthe right to private and family life, the right to be freefrom inhuman or degrading treatment or punishment,the right to freedom of movement, and the right to befree from discrimination.

Discrimination against RomaThe authorities failed to fully integrate Romanichildren in education and tolerated in certain primaryschools the creation of special classes for Romanichildren, where in some cases a reduced curriculumwas taught.

The so-called “Br®ljin model”, used at the Br®ljinelementary school in the city of Novo Mesto, providedfor the creation of separate groups for pupils who didnot perform sufficiently well in certain subjects. Thesewere intended as “catch-up groups” and, at least intheory, would allow for pupils to return to mainstream

groups. Teachers in Br®ljin admitted that such groupswere composed mostly, and sometimes exclusively, ofRoma.

Such a model had been criticized by educationexperts in Slovenia for effectively resulting in thesegregation of Roma. It was also criticized by theCouncil of Europe Commissioner for Human Rights, in areport published in 2006.

In October, approximately 30 members of a Romanifamily, living in the village of Ambrus, were forced toleave their homes under police escort after having beentargeted in ethnically motivated attacks by non-Roma.They were provided temporary accommodation in areception centre for refugees and subsequentlyprevented from returning to their homes, which weredemolished in December on the grounds that they hadbeen built illegally. The authorities failed to promptly,thoroughly and impartially investigate ethnicallymotivated attacks with a view to bringing thoseresponsible to justice.



• False starts: The exclusion of Romani children fromprimary education in Slovenia, Croatia and Bosniaand Herzegovina (AI Index: EUR 05/002/2006)

VisitAn AI delegate visited Slovenia in March.

SOMALIASOMALI REPUBLICHead of state of Transitional Federal Government:Abdullahi Yusuf AhmedHead of government of Transitional FederalGovernment: Ali Mohamed GediHead of Somaliland Republic: Dahir Riyaale KahinDeath penalty: retentionistInternational Criminal Court: not ratified

Thousands of civilians fled in early 2006 as theIslamic Courts fought a warlord coalition inMogadishu. The Islamic Courts took over Mogadishuin June and most of the south and central areas ofSomalia later. Throughout the year, the TransitionalFederal Government (TFG) had little control. Conflictbetween the Islamic Courts and the TFG, supportedby the Ethiopian army, broke out in December. TheIslamic Courts were defeated and the Ethiopian forceentered Mogadishu and placed the TFG in power.


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Fighting continued in the south-west of the country.There were arbitrary detentions of journalists in allareas, and unfair political trials in Somaliland andreports of torture. Human rights defenders were atrisk in all areas. At least seven people were executed.

BackgroundMany areas were subject to drought, withhumanitarian access impeded by insecurity andthreats to staff. International reconstruction aid wasdelayed due to the absence of a united and effectivegovernment in Somalia, 15 years after the statecollapsed in 1991. Conditions for 400,000 internallydisplaced people remained poor. Discrimination andviolence against minorities remained widespread,with little protection from government or justiceinstitutions.

Somalia’s Foreign Minister ratified 17 African Union(AU) treaties in February, completing Somalia’s signingof all 31 AU treaties and conventions, including theAfrican Convention on Human and Peoples’ Rights. TheTFG, however, had no means to implement them. Stepsto create National Human Rights Commissions weretaken by the Transitional Federal Parliament and by theauthorities in Puntland and Somaliland, but thecommissions did not become functional.

Transitional Federal GovernmentThe Transitional Federal Government (TFG), a coalitionof clan-based faction leaders which was created fromthe 2002-4 peace talks held in Kenya, was provisionallybased during the year in Baidoa town in the west.Although recognized by the UN and internationalcommunity, it was unable to extend its control beyondBaidoa or establish itself in the capital, Mogadishu.Other regions were controlled by faction leadersthrough their clan militias but Puntland Regional Statein the north-east had a functioning government,remaining nominally part of Somalia. The TFG opposedthe de facto independence of Somaliland in the north-west. In Mogadishu and other southern areas, therewas little security for civilians.

In September a suicide bomber in Baidoa failed toassassinate the TFG President but killed 11 men,including his brother and bodyguards.

Islamic CourtsFighting broke out in Mogadishu in early 2006 betweenmilitias of a new Union of Islamic Courts (UIC) andwarlords who had formed an “Alliance for Restorationof Peace and Counter-Terrorism”, which was reportedlysupported clandestinely by the USA. Hundreds ofcivilians were killed in the crossfire until the UICcaptured Mogadishu in June. This brought peace to thecapital after many years of violence and extortion bywarlords’ militias. The UIC reopened the airport andseaport, which had been closed for many years, andpromised humanitarian access to internationalorganizations.

In June preliminary negotiations about power-sharing between the TFG and UIC were held inKhartoum and mediated by Sudan under Arab League

auspices, in order to avoid a threatened conflict. Theyagreed to avoid hostilities and establish a joint armyand police force.

The UIC created the Council of Somali IslamicCourts (COSIC) to replace the UIC, with an executivecommittee headed by Sheikh Sharif Sheikh Ahmed. Alegislative committee was headed by Hassan DahirWeys, who was wanted by the USA for allegedinvolvement in al-Qa’ida operations in Kenya andTanzania and also reportedly led the UIC militiaknown as “Shabab” (youth militants). The COSICextended its control through the central and southernregions, mostly without any fighting, and set up localIslamic courts with militias. In September its forcestook over the southern port of Kismayu and began toform regional administrations linked to the Islamiccourts in Mogadishu and other areas.

Talks between the COSIC and the TFG in Sudanbroke down. Ethiopian troops were called in by theTFG President. In October, the COSIC, whichdemanded an Islamic state in Somalia and opposedthe presence of foreign forces, declared jihad (holywar) against Ethiopia. After increasing clashes withCOSIC forces, open conflict broke out in December.After some days, COSIC forces were defeated, somefleeing to the south-west with the Ethiopian army and TFG force in pursuit. In late December Ethiopian troops entered Mogadishu to place the TFG in power.

International community responseThe UN, African Union, European Union and League ofArab States supported the continuation of the IGAD(Inter Governmental Authority for Development)peace and reconciliation process. This had led to theformation of the TFG in 2004, and provided for anIGAD-led peace support force (IGASOM). As conflictincreased towards the end of the year between theEthiopian-supported TFG forces and the COSIC, theUN Security Council authorized preparations for thedeployment of the IGASOM force. The UN SecurityCouncil kept in force the 1992 Somalia internationalarms embargo, but exempted IGASOM from theembargo. In May and November, the UN armsembargo monitoring group had criticized Ethiopia,Eritrea and other countries for violating the embargoand recommended targeted sanctions.

SomalilandThe self-declared Somaliland Republic continued itsdemand for international recognition. It receivedsome international development assistance. Itsunresolved border dispute with neighbouringPuntland remained a cause of tension. The SomalilandGovernment on several occasions accused theUIC/COSIC of attempting to destabilize Somaliland.

Justice and rule of lawThere was no rule of law or justice system consistentwith international standards in the central andsouthern regions of Somalia. Islamic (Shari’a) courts,which became the basis of the administrative and


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judicial system in most of the south from mid-2006,did not allow the right to legal defence counsel ormeet internationally recognized standards of fairtrial. The COSIC imposed increasingly harshinterpretations of Shari’a law regarding moralityoffences and dress code, including banning musicalentertainment. Offenders were arbitrarily flogged andhumiliated by militias.b Sister Leonela Sgorbati, 70, an Italian Catholichumanitarian worker, was killed in Mogadishu inSeptember, reportedly because of her religion. HerSomali bodyguard was also killed. The COSICcondemned the murders and said it had arrested thealleged killer but he was not brought to court.b Over 100 demonstrators were detained briefly inKismayu in October by the incoming COSIC forces.

In Somaliland there were several arbitrarydetentions and unfair trials.b Nine people were arrested in Hargeisa inSeptember 2005 after a shoot-out between anIslamist armed group and police. Their trial started inearly 2006 but was not completed by the end of theyear. Several defendants, including Sheikh MohamedSheikh Ismail, alleged that they had been tortured.More than 50 people demonstrating in Hargeisaagainst the alleged torture were arrested. They weresentenced to one year’s imprisonment in summaryand unfair trials by an “emergency court” consistingof administration and security officials. They werereleased by presidential pardon in October 2006.b Twenty-seven elders of the Ogaden clan fromEthiopia, who had been arrested in 2003 but acquittedof armed conspiracy by the Supreme Court on appealin 2005, were finally released in late 2006.

JournalistsMore than 20 journalists were arrested in differentareas, although most were released quickly afterinterventions by media associations. The NationalUnion of Somali Journalists (NUSOJ), which activelyengaged in protecting press freedom and reportingabuses against journalists, was formally recognized byboth the TFG and the COSIC. A COSIC proposal toimpose heavy restrictions on the media was underdiscussion in late 2006.b In June Martin Adler, a Swedish photographer, waskilled in Mogadishu at a UIC rally. The UIC condemnedthe murder but the alleged killer, although reportedlyarrested, was not brought to trial.b In October, three radio journalists were arrested inBaidoa by TFG police for reporting on Ethiopiansoldiers in the area. They were released unchargedafter some days.b In early December, Omar Farouk Osman Nur,NUSOJ Secretary General, was arrested by COSICmilitias and held incommunicado in a secret prison. Hewas released uncharged later that day.

Human rights defendersSomali human rights defenders, most working withinwell-established national coalitions in Somalia andSomaliland, continued to monitor human rights

violations and conduct advocacy with the authoritiesand general public. At times, many faced severe risks,in particular members of women’s organizations.

In Mogadishu in June, talks were held between theUIC and the Civil Society Alliance. A ban on civilsociety organizations was withdrawn, and UICrepresentatives agreed to recognize non-governmental organizations and uphold the freedomof the press. However, increasing restrictions onfreedom of expression and assembly severelythreatened their work.

Women’s rightsSeveral women’s rights organizations, grouped incoalitions such as the Coalition of Grassroots Women’sOrganizations (COGWO) based in Mogadishu, andNagaad women’s coalition in Somaliland, campaignedactively, particularly against female genital mutilation,rape and domestic violence. The UIC, however, refusedto meet or recognize women’s NGOs.

Refugees and internally displaced peopleTens of thousands of people fled from Mogadishuduring the fighting in the first part of the year, and fromother areas affected by the advance of UIC forces andfighting in the latter part of the year. Many refugeesfrom the Kismayu area entered Kenya and tens ofthousands were displaced inside the country.

Conditions in camps and informal settlementscontaining 400,000 long-term internally displacedpeople remained extremely poor, with littleinternational assistance reaching the mostvulnerable.

There were hundreds of deaths at sea of peopletrying to reach Yemen from Puntland in traffickingoperations. A Puntland government ban on traffickingin October was widely ignored. In October, 1,370Ethiopians arrested for trying to reach Yemen wereeither deported to Ethiopia or allowed to claim asylum.

Death penaltyDespite local campaigns in all areas against the deathpenalty, death sentences were imposed by Islamiccourts in the south and by ordinary courts inSomaliland. According to the Somali Islam-basedcustom of diya (compensation), death sentences werelifted by courts when the murder victim’s familyaccepted compensation from the perpetrator’s family.

Three men were publicly executed in Mogadishu anda nearby town by Islamic court militias in June.b Omar Hussein was publicly executed in Mogadishuin May by the 16-year-old son of a man whose murderhe admitted. An Islamic court ordered him to be knifedto death in the same manner as the murder.

In Somaliland there were at least four peopleexecuted in 2006. Several others were under sentenceof death and awaiting the outcome of appeals orpresidential clemency decisions. These includedseven men allegedly linked with al-Qa’ida who wereconvicted in November 2004 of killing three aidworkers. Judgement on their appeal to the SupremeCourt had not been delivered by the end of 2006.


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AI country reports/visitsStatement• Somalia: Fears for human rights in looming conflict

(AI Index: AFR 52/004/2006)VisitAn AI representative attended a regional meeting onwomen’s rights in Somaliland in November.

SOUTH AFRICAREPUBLIC OF SOUTH AFRICAHead of state and government: Thabo MbekiDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Torture of detainees by police and misuse of lethalforce continued to be reported. A Commission ofInquiry found that corruption and maladministrationwere institutionalized in South Africa’s prisons andthat sexual violence was rife. Asylum-seekerscontinued to have difficulty accessing asylumdetermination procedures and hundreds of suspectedillegal immigrants were detained beyond the legaltime limit. The remaining 62 death sentences werereplaced with alternative sentences. Although thenumber of people receiving anti-retroviral treatmentfor HIV/AIDS increased, fewer than half of thoseneeding it had access. The number of reported rapesremained high, and legal reforms affecting access tojustice for survivors were further delayed.

BackgroundPolitical tensions within the ruling African NationalCongress (ANC) and between the ANC and its Alliancepartners were marked at the time of court proceedingsrelating to corruption and rape charges against formerDeputy President Jacob Zuma. His supporters accusedthe National Directorate of Public Prosecutions (NDPP)of having a political agenda against Jacob Zuma.

In local government elections in March, the ANC wona majority in most municipal councils, although thegovernment’s record on delivery of socio-economictransformation continued to be challenged.

Political violence in KwaZulu Natal led to the deathsof a number of ANC and Inkatha Freedom Partycandidates.

Business, church and other delegations appealed toPresident Mbeki to take effective measures againsthigh levels of violent crime. The government placedthe investigative arm of the NDPP, known as theScorpions, under the political control of the Ministerof Safety and Security.

The Deputy President and Deputy Minister of Healthbegan a dialogue with civil society organizations onachieving a more effective response to the HIV/AIDSpandemic.

Human rights violations by policeTorture and misuse of lethal force against crimesuspects continued to be reported, in a context of highlevels of violent crime and police fatalities.Corroborated cases involved members of the SouthAfrican Police Service (SAPS), particularly from theSerious and Violent Crime Units (SVCU), torturingsuspects with suffocation and electric shock devices, aswell as kicking and beating suspects. Several detaineesdied as a result. Interrogation sessions sometimes tookplace in informal locations. Torture equipment wasfound on the premises of the Vanderbijlpark SVCU aftera court-ordered search.b Musa Jan Sibiya died at Lydenburg police station inFebruary after allegedly being assaulted by police. Astate district surgeon reported he died from naturalcauses, but an independent postmortem found he haddied from a ruptured bowel caused by a traumaticperforation.b Msizwe Mkhuthukane died in February at EastLondon police station after being similarly assaulted.He was denied urgent medical care in custody. On 1November five police officers appeared in court onmurder charges. b A security guard, R, and his wife lodged a civil claimfor damages against the police authorities after theywere subjected to electric shock torture at Randburgpolice station on 1 May. R was also kicked, slapped andpunched while handcuffed and tied at the ankles, andsubjected to suffocation torture with plastic sheeting.He was transferred to Roodepoort police station anddenied medical care until he was released unchargedwith his wife on 4 May. The state denied any liability inresponse to the legal suit.

Protests continued against poor socio-economicconditions and forced evictions. Police appeared tohave used excessive force in some cases, including, inJune, against community members fromMaandagshoek, Limpopo, protesting against Anglo-Platinum use of their land for mining and, inSeptember, against members of the Durban-basedShack-Dwellers Association (Abahlali baseMjondolo).

In July the Harrismith Regional Court acquitted threepolice officers of all charges arising from the death of17-year-old Teboho Mkhonza and injuries to scores ofothers when police broke up a non-violentdemonstration in August 2004. The court accepteddefence evidence that the boy had died as a result ofnegligence by hospital staff. The police had opened firewithout warning using illegal live ammunition. InOctober, 13 Harrismith community activists wereacquitted of charges of public violence arising from thesame demonstration.

On 26 July the Director of Public Prosecutionswithdrew charges against 51 members of the LandlessPeople’s Movement who had been on trial since 2004on charges under the Electoral Act.


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Abuse of prisonersThe 3,500-page report of the Jali Commission of Inquiry,appointed by President Mbeki in 2001 to investigatecorruption and violence in prisons, was made public inNovember. Among its findings were that corruption andmaladministration were institutionalized and that C-Max Super-Maximum security prison made routine useof solitary confinement and torture. It found thatsexual violence was rife, with young, gay andtranssexual prisoners most vulnerable, and thatwarders were implicated in many sexual assaults and inselling sexual favours by incarcerated youths to adultprisoners.

Impunity for abuses was fostered by managementfailure to institute hearings and follow up on criminalcharges. Police investigations were also manipulatedby prison staff. An example was the failure to disciplineprison warders implicated in a mass assault onprisoners in Ncome prison in January 2003. Despiteindependent medical corroboration of allegations thatprisoners had been beaten, the Department ofCorrectional Services (DCS) allowed the officialinvestigation to lapse. The Jali Commissionrecommended charges against named DCS members inrelation to this and some other incidents.

On 23 April the Port Elizabeth High Court ordered thatprisoners at St Alban’s Prison could consult theirlawyers in private to prepare a civil claim for assaultagainst the DCS. They had been denied access tolawyers after prison staff allegedly embarked on a massassault of prisoners in retaliation for the killing of acolleague.

Inhumane prison conditions persisted due to severeovercrowding, with two thirds of prisons holding morethan 100 per cent of their capacity.

Refugees and asylum-seekersThe Department of Home Affairs (DHA) initiated newprocedures at the Pretoria and Johannesburg RefugeeReception Offices in an effort to improve themanagement of over 1,000 new applications fromasylum-seekers weekly. However, in December thePretoria High Court ruled, in a case involving sevenZimbabweans, that the procedures wereunconstitutional and unlawful, including the practiceof issuing only “appointment slips” to applicants, whichleft them without legal protection against arbitraryarrest, detention and deportation. The “pre-screening”policy had resulted in unlawful rejections ofapplications. The Court directed the DHA to receive andprocess applications for asylum in a fair and non-discriminatory manner. The Cape Town High Courtmade a similar ruling in June.

Hundreds of suspected illegal immigrants detained atLindela Repatriation Centre (Lindela) were unlawfullyheld beyond the period allowed under the ImmigrationAct (30 days or 120 days with a court warrant). In Augustthe Johannesburg High Court ordered the DHA torelease 57 Congolese nationals who were facingimminent deportation. The group included at least onerecognized refugee, 18 who held asylum-seeker permitsand nine with DHA “appointment slips”. Forty-four of

them had been held for between 35 days and 16 months.Also in August, at least 10 people with asylum-seekerpermits were deported to Burundi.

Private security guards at Lindela appeared to haveused excessive force in response to detainees’ protestsin July and November.

Unlawful transferPolice and DHA officials handed over Khalid MehmoodRashid, a national of Pakistan, to Pakistan governmentagents in November 2005. He was flown out of SouthAfrica on a flight with no number. Twelve months later,he had still not been produced in the Pakistan HighCourt in response to a habeas corpus petition. By theend of the year the Pretoria High Court had not given aruling on whether the manner of Khalid MehmoodRashid’s removal from South Africa was unlawful andcontrary to the country’s international human rightsobligations.

Death penaltyThe justice authorities completed the process ofreplacing the remaining 62 death sentences withalternative sentences by July. The Constitutional Courtruled on 30 November that the orders made under its1995 judgement which found the death penalty to beunconstitutional had now been complied with fully bythe government.

People living with HIV/AIDSUNAIDS reported in December that the HIV epidemic inSouth Africa continued to grow, with prevalence of HIVamong women attending public antenatal clinics 35 percent higher in 2005 than in 1999. Some 5.4 millionpeople, including a quarter of a million children under15, were living with HIV. In November the Department ofHealth reported that 273 accredited facilities wereproviding anti-retroviral treatment (ART) to 213,828people, although some 300,000 others still neededaccess to it. Children’s access to paediatric ART wasalso still limited. On 1 December the Deputy Presidentannounced the draft strategic plan for 2007 to 2011.

An application by 15 Durban Westville HIV-positiveprisoners and the Treatment Action Campaign forprisoners to have access to ART was granted by theDurban High Court in June. The state appealed againstthis ruling and failed to implement an urgent interimorder. In August the High Court found the state incontempt of court and ordered the original ruling to beimplemented, along with other measures to giveprisoners access to ART. By the end of November, fourmore prisons had been accredited to provide ART.

Violence against women and childrenPolice statistics for the year April 2005 to March 2006recorded 54,926 reported rapes, a decrease of 0.3 percent, with 42.7 per cent of them against children underthe age of 18.

In June, Parliament resumed discussion on the draftSexual Offences Bill, which had been held up in theDepartment of Justice since 2004. Organizationsassisting survivors of sexual violence and child sexual


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abuse remained concerned that the Bill did notadequately protect complainants, especially children,at the investigation and trial stages. The Bill, however,contained an expanded statutory offence of rapeapplicable to all forms of “sexual penetration” withoutconsent and defined forms of coercion which wouldindicate lack of consent. The state would be obliged toprovide post-exposure prophylaxis to victims exposedto the risk of HIV and to develop a national policyframework to improve implementation of the Bill. Ithad not been passed by the end of the year.

Investigators, prosecutors and the courts remainedrestricted by the common-law definition of rape intheir response to sexual violence cases. In July thePretoria High Court upheld a conviction of rape in amagistrate’s court against an accused charged withanally penetrating a nine-year-old child, on thegrounds that the common-law definition of rape, whichis limited to penile penetration of the vagina withoutconsent, was inconsistent with the requirements ofconstitutional law. However, the High Court ruling wasunder appeal at the end of the year.

There were fears that the disestablishment ofspecialist detective units, including the unitresponsible for investigating family violence and childsexual abuse, would undermine the effectiveness ofpolice investigations. Community-basedorganizations produced evidence indicating thatpolice had lost rape investigation dockets throughinefficiency or corruption.

The high number of deaths of boys attendingtraditional circumcision schools – more than 100 in thepreceding 10 years – prompted national public hearingsby the South African Human Rights Commission(SAHRC) and two other statutory bodies. The hearings,conducted in October, were held in four provinces. TheSAHRC also conducted hearings, in September, onschool-based violence.

ImpunityThere was concern about the legality of prosecutionguidelines approved by the Cabinet in 2005 andpresented to Parliament in January 2006. Theguidelines would give the NDPP the administrativediscretion to allow immunity from prosecution forcrimes “emanating from the conflicts of the past” forpeople who failed to apply for or were refusedamnesty by the Truth and Reconciliation Commission’sAmnesty Committee. While the applicant would haveto disclose all the circumstances of the allegedoffence, and the NDPP would have to obtain the viewsof any victims before arriving at a decision, there wasno obligation to take into account the victims’ views orprovision for judicial assessment of the truthfulness ofthe evidence. The guidelines did not explicitly excludefrom consideration for immunity crimes such astorture, crimes against humanity and war crimes.

As of 30 September, the government had paidreparations of R30,000 (approximately US$4,200) to15,520 individuals identified by the Truth andReconciliation Commission as eligible because ofhuman rights abuses before May 1994.

Freedom of expressionIn October a Commission of Inquiry into allegations ofpolitically motivated interference in the output of thepublic broadcaster, the SABC, found that certainindividuals were being excluded from interviews in newsprogrammes for improper reasons. The Commissionersfound that the head of news and current affairs, Dr SnukiZikalala, had instructed staff not to use certainindividuals on grounds which included their opinions oncontroversial issues, and that he had threatened todiscipline some staff if they failed to follow theseinstructions. The SABC Board, who had appointed DrZikalala, did not make the report public. It made a failedattempt to get a High Court order compelling the Mail &Guardian newspaper to remove a leaked copy from itswebsite.

AI country reports/visitsReports• South Africa: Government must investigate

circumstances of “disappeared” Pakistani’s transfer(AI Index: AFR 53/001/2006)

• South Africa: Briefing for the Committee againstTorture (AI Index: AFR 53/002/2006)

VisitsIn October and November AI delegates visited thecountry for research and held meetings with civilsociety organizations and the Department of ForeignAffairs. AI representatives attended the UN Committeeagainst Torture hearing on South Africa in November.

SPAINKINGDOM OF SPAINHead of state: King Juan Carlos I de BorbónHead of government: José Luis Rodríguez ZapateroDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

The government announced the opening of a dialogueprocess with ETA following the armed group’sdeclaration of a permanent ceasefire in March, butthis ended after a bomb attack in the car park ofMadrid Barajas airport on 30 December. One yearafter the death of 13 migrants at the border points ofCeuta and Melilla there was still no outcome to theinvestigations. Three more migrants died in a similarincident in July 2006. The number of migrants andasylum-seekers arriving by boat in the Canary Islandsin 2006 was almost seven times higher than the total


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for 2005 and exceeded the total for the previous fouryears combined. There continued to be reports oftorture and ill-treatment by law enforcement officials,with impunity in many cases. The Supreme Court madea landmark ruling on the inadmissibility of evidenceproceeding from Guantánamo Bay.

BackgroundIn May 2005 parliament approved the opening of a dialogue between the government and those “whoabandon violence”. This was followed in March 2006 bythe announcement of a “permanent ceasefire” by theBasque armed group Euskadi Ta Askatasuna (ETA).Tensions surrounding the dialogue process increasedafter an outbreak of violence in the Basque region inSeptember and the theft of some 350 pistols from aFrench arms depot at the end of October. On 30December a bomb exploded in the car park at MadridBarajas airport, killing two people. An hour before theexplosion ETA telephoned a warning about the bomb.The government subsequently announced that the dialogue was over.

The Spanish Parliament and the regions of Catalonia,Valencia and Andalucía all approved modifications totheir regional statutes of autonomy, granting greaterpowers of self-government. In July the governmentpresented a bill to parliament relating to therecognition of human rights abuses suffered during the1936-1939 civil war and the ensuing dictatorship.

Migration and asylumThe situation of migrants and asylum-seekers in Spainremained a matter of grave concern. Undocumentedmigrants continued to be issued with expulsion ordersand left with no means of support or of regularizingtheir status. Figures available from the Spanish RefugeeAid Commission for the first six months of the yearrecorded 2,504 asylum requests, of which 2,165 wererejected or declared inadmissible.

Migration routes appeared to change, with over31,245 asylum-seekers and undocumented migrantsfrom west Africa arriving in the Canary Islands duringthe year. Regional government authorities usedmakeshift reception centres to house them, and thesevere overcrowding aggravated poor conditions inpre-existing centres. The arrivals included severalhundred unaccompanied minors, far exceeding theregion’s reception capacity for minors and endangeringtheir fundamental rights. Overcrowding in immigrationcentres led to tension and violence.

The arrival of large numbers of asylum-seekers andmigrants in the Canary Islands put extreme pressure onasylum determination procedures there, alreadyidentified as inadequate. There were concerns aboutthe restricted access to legal and interpretingassistance and the accelerated returns process. InSeptember, the Public Prosecutor’s Office of the CanaryIslands began a series of inspections into theconditions in immigration detention centres on theislands, following complaints by police trade unionsthat they did not comply with basic standards ofhygiene due to overcrowding.

Investigations into the deaths of at least 13 migrantsin September and October 2005 at the border in Ceutaand Melilla have still not identified or punished thoseresponsible. In July 2006, three more migrants died asthey attempted to cross the border at Melilla. Spanishpolice fired rubber bullets as a warning and themigrants were shot at with live ammunition byMoroccan forces, causing them to fall from the six-metre-high fence. Three days later, the governmentapproved 10.5 million euros in aid to Morocco forborder control measures, without tying these to humanrights clauses or demanding an explanation for thedeaths at the border in 2005 and 2006. Under a pre-existing returns agreement, migrants continued to besent back to Morocco when it could be proved they haddeparted from that country. There were insufficientlegal and protection guarantees accompanying thesemeasures, putting such migrants at risk of ill-treatment.

Spain was one of the countries participating in a jointsea patrol mission by various European Union (EU)countries and co-ordinated by Frontex, the EU externalborder control agency. This operation was intended tointercept migrants’ boats at sea and return them to thecountry of origin. This raised serious concernsregarding the respect of fundamental rights such as theright to seek asylum, the right to leave one’s owncountry, and the right not to be returned to a countrywhere one would be at risk of human rights violations.

Police ill-treatment and impunityThere continued to be reports of torture and ill-treatment by law enforcement officers, aggravated by alack of systematic and independent investigations intosuch incidents. According to a study published by SOSRacismo, a national anti-racism organization, state lawenforcement officers were responsible for one in threereported incidents of racist violence.

In April, Spain ratified the Optional Protocol to theUN Convention against Torture, which it had signed in2005. Despite this, Spain maintained practices whichthe UN Special Rapporteur on torture condemned forincreasing the risk of ill-treatment and torture, such asthe use of incommunicado detention.b In January, police officers were involved in theviolent break-up of a traditional street party in thetown of Arenys de Mar in Catalonia, in the north-east ofthe country. The party was interrupted by the Mossosd’Esquadra, a contingent from the Catalonianautonomous police force. According to reports, theyused violence in attempting to disperse the gathering,beating people on the head and body with batons, andcharging at the group, resulting in injuries to severalpeople. Joan Munich, one of the revellers, received atleast one blow to the head and fell to the ground,temporarily losing consciousness. When he regainedconsciousness he was arrested and later convicted ofassaulting a police officer, and given a one-yearsuspended prison sentence and a fine. Two of hiscompanions were convicted for disobeying a policeorder and fined. All three appealed but were unsuccessful.Seven other men present at the incident filed complaintsagainst the police but these cases also failed.


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b In June, a woman was punched in the face by anational police officer when she attempted tointervene in the apparently violent arrest of a strangeroutside a bar in Barcelona. According to reports, shewas then arrested and taken to the police station,where she was pushed into a cell by four police officersand beaten all over her head and body. As she lay onthe cell floor she was kicked in the head whilehandcuffed behind her back. A police doctor whoexamined her in detention recorded only minorbruising, but a medical report obtained by the womanafter her release noted multiple bruising on her head,face, arms, legs and back. In August she was fined forresisting arrest.b In February, eight of the nine police officersinvolved in the ill-treatment and death in custody ofJuan Martínez Galdeano in July 2005 were suspendedfrom duty. Charges against one of the officers weredropped and the others were charged with seriousassault, injury and negligent manslaughter. The Officeof the Public Prosecutor of Almería requested asentence of 10 years’ imprisonment for the seniorofficer present and eight years’ imprisonment for theothers. According to the autopsy and later medicalreports, Juan Martínez Galdeano’s death was caused bya combination of the violent beating and restrainttechniques used on him by the police officers and anadverse reaction to cocaine that he had consumed.

Violence against womenViolence against women continued to be a seriousproblem. Eighty-six women died in 2006 as a result ofdomestic violence, 68 of whom were killed by theirpartners or former partners.

Since the coming into force of the law on gender-based violence in January 2005, complaints regardingsuch crimes increased by 18 per cent. However, the newcourts dedicated to dealing with such cases hadinsufficient resources to deal with the number of casesreceived. More than 20 per cent of the protectionorders requested by victims were rejected by thejudicial authorities. Rehabilitation programmes forthose convicted of domestic violence did not meetdemand and 1,700 convicted abusers were waiting for aplace on such a programme. There was a continuinglack of crisis centres for victims in many regions.

‘War on terror’In July, the Supreme Court quashed the sentence ofHamed Ahmed, a former Guantánamo Bay detainee, andordered his immediate release. After returning to Spainfrom Guantánamo Bay, where he had been a prisonersince 2002, he was convicted by the Spanish NationalHigh Court in October 2005 of membership of a terroristorganization and was sentenced to six years’imprisonment. The Supreme Court ruled thatGuantánamo Bay constituted a legal limbo withoutguarantees or control, and therefore all evidenceoriginating from it must be declared completely null andvoid. As a result, there was no evidence against HamedAhmed except his own statement, which the SupremeCourt found contained no incriminating evidence.

AI country reports/visitsReports• Spain: More rights, but the obstacles remain

(AI Index: EUR 41/006/2006)• Spain and Morocco: Failure to protect the rights of

migrants – Ceuta and Melilla one year on (AI Index:EUR 41/009/2006)

VisitAI delegates visited the Canary Islands in June toinvestigate alleged violations of the rights of asylum-seekers and migrants arriving in the islands.

SRI LANKADEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKAHead of state: Mahinda RajapakseHead of government: Ratnasiri WickremanayakeDeath penalty: abolitionist in practiceInternational Criminal Court: not ratified

The human rights situation in Sri Lanka deteriorateddramatically. Unlawful killings, recruitment of childsoldiers, abductions, enforced disappearances andother human rights violations and war crimesincreased. Civilians were attacked by both sides asfighting escalated between the government and theLiberation Tigers of Tamil Eelam (LTTE). Hundreds ofcivilians were killed and injured and more than215,000 people displaced by the end of 2006.Homes, schools and places of worship weredestroyed. Although both sides maintained theywere adhering to the ceasefire agreement, by mid-2006 it had in effect been abandoned. Emergencyregulations, introduced in August 2005, remained inforce. A pattern of enforced disappearances in thenorth and east re-emerged. There were reports oftorture in police custody; perpetrators continued tobenefit from impunity.

BackgroundAlthough the government and LTTE met in February todiscuss implementation of the ceasefire agreement, afurther meeting scheduled for April did not take place.Further talks in October ended in disagreement overthe government closure of the main highway to theJaffna Peninsula.

In March the UN Special Rapporteur on extrajudicial,summary or arbitrary executions, reporting on a 2005visit to Sri Lanka, said that freedoms of expression,movement, association and participation werethreatened, particularly for Tamil and Muslim civilians.


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In May, President Mahinda Rajapakse unilaterallyappointed new members of the Human RightsCommission after their predecessors’ terms of officehad expired. The Commission appeared no longer tocomply fully with constitutional and internationalstandards for national human rights institutions.

In May Sri Lanka was elected to the UN Human RightsCouncil for a two-year term. In support of its candidacy,the government pledged to form a new Human RightsMinistry and introduce a Human Rights Charter.

In May the European Union (EU) listed the LTTE as aterrorist organization, freezing its assets and barring itsofficials from travel to or within the EU. In response,the LTTE leadership said all EU monitors on the SriLanka Monitoring Mission (SLMM) should leave thecountry by September.

In September the Supreme Court ruled there was nolegal basis for the UN Human Rights Committee to hearcases from Sri Lanka. The Court held that Sri Lanka’saccession to the First Optional Protocol to theInternational Covenant on Civil and Political Rights wasunconstitutional and illegal as it gave the Committeejudicial powers without parliamentary authorization.

International human rights bodies raised concernsabout the escalating human rights abuses andviolations of international humanitarian law in SriLanka at the UN Human Rights Council in Septemberand November.

Rising civilian deathsBoth the UN Secretary-General and the UN EmergencyRelief Coordinator expressed concern at the risingcivilian casualties in the conflict. The UN estimated thatsome 3,000 civilians had been killed in conflict-relatedviolence since hostilities had worsened in 2006. TheLTTE targeted army personnel and civilians with suicidebombings, claymore mines and grenade attacks.

In April, following a suicide bomb attempt on the lifeof army chief Lieutenant-General Sarath Fonseka inwhich 10 people were killed, a major air and artilleryoffensive was launched on LTTE positions inTrincomalee District, killing at least 12 civilians. After abomb in Trincomalee town left five people dead,including a child, more than 20 Tamil and Muslimcivilians were killed and thousands forcibly displacedin apparent reprisal attacks by members of theSinhalese community.

The LTTE denied accusations that it was behind aclaymore mine attack on a bus in June in which 67civilians were killed in Kebitigollawe, northern Sri Lanka.

The SLMM found government forces responsible forthe killing in August of 17 aid workers from the ActionContre La Faim agency in Muttur, TrincomaleeDistrict. A magisterial inquiry had not concluded bythe end of 2006. Also in August, 51 young people wereestimated killed and 100 injured when the air forcebombed a former children’s home in Mullaitivu,northern Sri Lanka, claiming it to be an LTTE trainingcentre. Three severely injured girls were detainedunder emergency regulations, one of whom remainedin the custody of the Terrorist InvestigationDepartment in Colombo.

In October a suicide bombing of a navy convoy 170kmnorth-east of Colombo, killed around 100 navypersonnel, the largest number of people killed in asuicide bombing in recent years.

The army admitted shelling Kathiraveli, BatticaloaDistrict, in November but accused the LTTE of usingcivilians as human shields. As many as 40 people werekilled and more than 100 wounded when a schoolsheltering displaced people was hit.

The internally displacedOver 215,000 people were displaced in the north andeast as a result of renewed fighting, and at least 10,000fled to India. Tens of thousands of people weredisplaced by a major armed forces offensive in July toseize control of the Mavil Aru waterway in easternTrincomalee District.

An estimated half a million people had beendisplaced earlier in the conflict and by the 2004tsunami. Many of these remained vulnerable toharassment and violence from the LTTE, other armedgroups and members of the Sri Lankan securityforces.

Displaced people had few employment opportunitiesand limited health and education services and sufferedthe effects of alcohol abuse and widespread domesticviolence. Most tsunami camps were well-funded and ofa reasonable standard, but those for people displacedby the conflict often lacked electricity, transport andproper sanitation. Concerns remained about thisdisparity of treatment.

Lack of humanitarian accessHumanitarian aid agencies were unable to reach manyof those at risk in the north and east. From August, aidsupplies to the north were obstructed by the closure ofthe Jaffna Peninsula road and a sea blockade by theLTTE. Humanitarian and medical workers werethreatened, harassed and subject to abductions andattacks, and their work further hampered by newregistration requirements.

The UN called on both parties to the conflict to allowhumanitarian agencies free and unimpeded access tothe affected population, and to provide greater securityfor aid workers.

Unlawful killings and impunityThe number of unlawful killings dramatically increased.Several hundred extrajudicial killings were reported.They were carried out by forces of the government, theKaruna group, a splinter group of the LTTE reportedlyco-operating with government forces, the LTTE andother armed opposition groups.b In January, five students were shot dead at closerange, allegedly by the government Special Task Forcein Trincomalee town. The only witness prepared tocome forward – the father of one of the youths –received death threats.b Unidentified gunmen suspected of links with thearmed forces shot and killed VanniasinghamVigneswaran, a Tamil National Alliance politician, inTrincomalee in April. A member of the same party,


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Nadarajah Raviraj, was shot dead in Colombo inNovember.b In April, eight Sinhalese farmers were hacked todeath by suspected LTTE members in Kalyanapura.b The navy denied responsibility for a spate ofincidents in May. Details remained unclear but theincidents resulted in casualties and deaths on KaytsIsland off the Jaffna Peninsula, which included thedeaths of 13 Tamil civilians, among them a four-month-old baby and a four-year-old boy. The area is controlledby the navy.b In August, unidentified gunmen killed KetheshLoganathan, Deputy Head of the Sri Lanka PeaceSecretariat and long-time critic of the LTTE, which werewidely believed to be behind the killing.

Child soldiersAt least 50 children a month were recruited as soldiersin the north and east. According to UNICEF, the UNChildren’s Agency, by mid-2006 there were still 1,545under-age fighters in LTTE forces.

In June over 100 children were reportedly recruitedin government-controlled areas in the east by theKaruna group. In November, a special adviser to the UNSpecial Representative for Children and Armed Conflictreported that government forces had been activelyinvolved in forcibly recruiting children to the group.

Enforced disappearancesIn July presidential directives were re-issued requiringthe security forces to issue receipts for arrested personsand inform the Human Rights Commission within 48hours. The Commission reported 419 enforceddisappearances in Jaffna for the first half of 2006. A localnon-governmental organization recorded 277abductions from April to September. Disappearances andabductions were attributed to several forces, includingthe security forces, the LTTE and the Karuna group.b In January, seven aid workers employed by theTamil Rehabilitation Organization were abducted byunidentified armed men.b Eight young Tamil men who went missing from aHindu temple in Manthuvil East, Jaffna District, in Maywere feared to have been taken away in army vehiclesseen in the vicinity.b Father Thiruchchelvan Nihal Jim Brown, a Catholicpriest from Allaipiddy, and Wenceslaus VincesVimalathas went missing after crossing a navycheckpoint in August on Kayts Island. It was feared theyhad been taken into custody by navy personnel.

On 4 September President Rajapakse said aninternational commission of inquiry would investigateabductions, disappearances and extrajudicial killings.On 6 November, however, the government announcedthe establishment of a national commission with aninternational observer group.

TortureThere were numerous reports of torture in policecustody. According to the non-governmental AsianCommission for Human Rights, two people died incustody in 2006.

Death penaltyA number of high profile murder cases fuelled demandsfor an end to the moratorium on executions. Accordingto the Director General of Prisons, at least 12 deathsentences were passed. Approximately 167 peopleremained on death row. No executions were reported.

AI country reports/visitsReports• Sri Lanka: A climate of fear in the East (AI Index: ASA

37/001/2006)• Sri Lanka: Waiting to go home – the plight of the

internally displaced (AI Index: ASA 37/004/2006)• Sri Lanka: Observations on a proposed commission

of inquiry and international independent group ofeminent persons (AI Index: ASA 37/030/2006)

• Sri Lanka: Establishing a commission of inquiry intoserious violations of human rights law andinternational humanitarian law in Sri Lanka –Amnesty International’s recommendations (AIIndex: ASA 37/031/2006)

• UN Human Rights Council, Third regular session:Compilation of statements by Amnesty International(including joint statements) (AI Index: IOR41/034/2006)

VisitAI delegates met senior government officials in SriLanka in September.

SUDANREPUBLIC OF SUDANHead of state and government: Omar Hassan al-BashirDeath penalty: retentionistInternational Criminal Court: signed

A Darfur Peace Agreement negotiated in Abuja,Nigeria, was signed in May by the government and onefaction of the opposition armed groups in Darfur, butconflict, displacement and killings increased. Thegovernment failed to disarm the armed militias knownas the Janjawid, who continued to attack civilians inDarfur and launched cross-border raids into Chad.Hundreds of civilians were killed in Darfur and Chad,and some 300,000 more were displaced during theyear, many of them repeatedly. Displaced people inDarfur and Darfuri refugees in Chad were unable toreturn to their villages because of the lack of security.In August government forces launched a majoroffensive in North Darfur and Jebel Marra, which wasaccompanied by Janjawid raids on villages andcontinued at the end of 2006. The air force frequentlybombed civilians. The African Union Mission in Sudan(AMIS) was unable to stop killings, rapes and


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displacement of civilians or looting. Governmentsecurity services arbitrarily detained suspectedopponents incommunicado and for prolonged periods.Torture was widespread and in some areas, includingDarfur, systematic. Human rights defenders andforeign humanitarian organizations were harassed.Freedom of expression was curtailed. The authoritiesforcibly evicted displaced people in poor areas ofKhartoum and people in the Hamdab area where adam was being built. Armed opposition groups alsocarried out human rights abuses.

BackgroundThe 2005 Comprehensive Peace Agreement (CPA)between the government and the Sudan People’sLiberation Movement remained in effect, althoughclashes between tribal or government-supportedmilitias and the Sudan People’s Liberation Army (SPLA)continued in some areas. Salva Kiir Mayardit, Presidentof the Government of South Sudan, was appointed FirstVice-President of the Government of National Unity(GNU) led by head of state Field Marshal Omar al-Bashir.Thousands of displaced people and refugees returnedhome to the south, but many remained in refugee campsin neighbouring countries or displaced in Khartoum. TheCPA provided for joint commissions, some of which hadeither not been set up by the end of 2006, including theHuman Rights Commission, or were not functioningeffectively, such as the National Petroleum Commission.

Southern members of the GNU were not consulted onimportant issues such as the crisis in Darfur, andcomplained that the south’s share of oil revenues wasinsufficient. The government of Sudan still rejected theJuly 2005 report of the Abyei Boundary Commission andtook no steps to implement the Abyei Protocol, whichprovided for shared government in the oil-rich borderarea of Abyei.

In June the Eastern Sudan Peace Agreement wassigned in Asmara, Eritrea, by the Sudanese governmentand the Eastern Sudan Front, which included the BejaCongress and the Free Lions Movement representingthe Rashaida ethnic group. The state of emergency ineastern Sudan was lifted.

Sudan acceded to the two Additional Protocols to theGeneva Conventions. The National Assembly passedthe Organization of Humanitarian and Voluntary WorkAct in March which placed restrictions on the work ofnational and international non-governmentalorganizations (NGOs).

Official commissions of inquiry set up in previousyears failed to report their findings including those intothe deaths in custody of Popular Congress detainees inSeptember 2004 and the killings of demonstrators inPort Sudan in January 2005.

International scrutiny of DarfurIn March the African Union Peace and Security Council(PSC) called for the transition to a UN force from theAMIS peacekeeping force in Darfur. The effectiveness ofAMIS was impeded by lack of equipment and funding,internal organizational problems, and restrictionsplaced on its activities by the government.

The UN Mission in Sudan (UNMIS), a large UNmultidimensional peacekeeping force set up under theCPA, had more than 10,000 troops in the south and inAbyei, Nuba Mountains and Blue Nile in the north. InAugust the UN Security Council passed Resolution 1706to send a UN force to protect civilians in Darfur, whichthe government rejected. An agreement by the PSC inDecember, to extend the AMIS mandate for six monthsuntil June 2007 and move to a strengthened, hybridAfrican Union/UN force in Darfur, was accepted by thegovernment.

A Panel of Experts, set up under a Security Councilresolution to monitor the 2005 arms embargo, reportedon several occasions that all sides were breaching it. ASecurity Council resolution in May ordered a travel banand assets freeze on four individuals named by the Panel.

There were regular reports to the Security Council bythe UN Secretary-General, the human rightscomponent of UNMIS, and the UN Special Rapporteuron the situation of human rights in the Sudan. InSeptember the government ordered the expulsion ofthe Special Representative of the UN Secretary-Generalfor Sudan, Jan Pronk, after he described governmentdefeats in North Darfur and commented on low armymorale in his personal weblog.

In December a Special Session on Darfur of the UNHuman Rights Council resolved to send a five-memberhigh-level mission to assess the human rights situationin Darfur.

The Prosecutor of the International Criminal Courtvisited Khartoum in February and June, but did notvisit Darfur or issue any indictments in 2006. Hepresented six-monthly reports to the UN SecurityCouncil. In December he said his Office was seeking tofinalize submissions to the judges to be made inFebruary 2007.

Southern SudanClashes continued between the SPLA and government-supported militias, and between rival ethnic groups.b In Jonglei State scores of civilians were reportedlykilled in April and May during clashes between armedgroups and direct attacks on villages. Some 30 civilianswere killed in Malakal in November in severe fightingbetween the SPLA and southern militias incorporatedin the Sudanese armed forces.

Arbitrary detentions were widespread.b Charles Locker, Executive Director of the NGO,Manna Sudan, was detained by local authorities inIkotos in July, and subsequently detained withoutcharge or trial in Torit until September. He appeared tohave been detained for criticizing the role of thegovernor of Eastern Equatoria state and other localgovernment authorities in tribal clashes.

DarfurA Darfur Peace Agreement (DPA) was signed in May bythe government and one faction of the SudanLiberation Army (SLA) led by Minni Minawi. Otherarmed opposition groups, including the SLA and theJustice and Equality Movement, refused to sign. Mostdisplaced people opposed the agreement, which was


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felt to lack guarantees for safe return andcompensation. In demonstrations which turned intoriots in many camps for the displaced, there weredeaths, including of police officers, and numerousarrests. Some individuals and groups later signed thepeace agreement. Under the DPA’s terms, Minni Minawiwas appointed Senior Assistant to the President.However, a government promise to disarm the Janjawidwas broken, as it had been after numerous previousagreements, and none of the agreed commissions wasoperating by the end of 2006, including theCompensation Commission. Some Janjawid wereincorporated into the armed forces or remained inparamilitary units and continued receiving financialand material assistance from the government.

The government took no action to halt cross-borderJanjawid attacks against targeted ethnic groups inChad, which resulted in the deaths of hundreds ofcivilians and tens of thousands of displacements duringthe first half of the year. Attacks across the borderresumed in October, in which some 500 civilians wereunlawfully killed, many more were raped, thousandswere driven from their homes, and villages weredestroyed (see Chad entry). In total, 100,000 peoplewere displaced by such attacks in Chad.

A number of armed groups which opposed the DPAregrouped as the National Redemption Front in June.After a massive troop build-up in Darfur in August, thegovernment launched an offensive against areascontrolled by those groups in North Darfur and JebelMarra. Government aircraft indiscriminately or directlybombed civilians. Forces of the SLA Minawi faction alsoattacked civilians. In November, Janjawid killings andforcible displacements of civilians in villages near areascontrolled by armed opposition groups increased.Members of armed opposition groups were responsiblefor attacking humanitarian convoys, abducting aidworkers, and reportedly killing and torturing civilians.b In July more than 72 people, including some 11primary school pupils, were killed during attacks by theSLA Minawi faction, at the time allied with thegovernment, on villages apparently under SLA controlin North Darfur. AMIS was accused of failing to answerpleas for help.b The Gereida region was insecure throughout 2006,with scores of villages destroyed in attacks by Janjawidor other armed groups. Some 80,000 people fled thecamp for Internally Displaced Persons (IDP) in Gereidaafter fighting between forces of the SLA Minawi factionand the Justice and Equality Movement in October.b In November at least 50 civilians were killed,including 21 children under 10, when Janjawid attackedeight villages and an IDP camp in Jebel Moon in WestDarfur. AMIS forces arrived the day after the attack. TheGovernor of West Darfur promised an inquiry but nofindings had been made public by the end of 2006.

Violence against womenRapes of women by Janjawid militias in Darfurremained systematic. Most rapes of women took placewhen they ventured outside IDP camps to collectfirewood.

Other women were raped after Janjawid attacks onvillages. The perpetrators benefited from almostcomplete impunity. Authorities routinely took noeffective action to investigate women’s complaints ofrape. At worst, raped women were arrested for adultery.b In May military police travelling by train to Nyalaraped six women near Belail IDP Camp. Communityleaders reported the rapes to the police, whoimmediately arrested three men. By the following daythey had all been released.b Janjawid accompanying the armed forces offensivein North Darfur in September captured five girls andwomen aged between 13 and 23 in the village ofTarmakera, south of Kulkul. They were reportedlyraped and severely beaten before being released thefollowing day.

Violence against demonstratorsExcessive force was used against many demonstrationsopposing government policy.b Peaceful demonstrations against price rises inpetrol and sugar in Khartoum on 30 August were putdown with tear gas and batons by the police. Sentencesof up to two months’ imprisonment for public orderoffences were passed on 80 people.

Freedom of expressionFreedoms of expression and association werecurtailed. Journalists were frequently arrested andnewspapers censored and seized.b A meeting of national and international NGOs inadvance of the African Union summit in Khartoum inJanuary, attended by AI delegates, was raided byNational Security agents. Three of the participants werebriefly detained.b In February, five members of the non-governmental Sudan Social Development Organization(SUDO) were detained for several hours after they helda training session in human rights monitoring in al-Da’ein University in South Darfur.b Abdallah Abu Obeida, a correspondent for Al-Ra’yal-‘Amm newspaper, was detained incommunicado fortwo weeks in October. He was questioned about Darfurbefore being released without charge.

Human rights defenders were harassed andsometimes detained.b Mossaad Mohammed Ali and Adam MohammedSharif, two human rights lawyers, were briefly detainedin May. They were working with the non-governmentalAmal Centre, which provides legal aid andrehabilitation for torture victims. Adam MohammedSharif was freed the following day, but MossaadMohammed Ali was held for five days before beingreleased after worldwide protests. They were notcharged and no reason was given for their detention.

DetentionsThe security forces, in particular the National SecurityAgency, arbitrarily detained people incommunicadoand without charge or trial.b Ali Hussein Mohammed Omar and two othermembers of the Beja Congress were arrested in March


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in Kassala, ill-treated and held for 10 weeks in secretlocations without being charged and without access totheir families or lawyers.b In Khartoum in September scores of Darfuris andothers were arrested and held incommunicado withoutformal charges, allegedly in the context of the murderof Mohammed Taha, editor of al-Wifaq newspaper. Hiskilling in September appeared to be politicallymotivated. Those detained included Abulgasim AhmedAbulgasim, who had been summarily deported fromSaudi Arabia (see Saudia Arabia entry).

Scores of displaced people were detained in Mayduring demonstrations and riots against the DPA innumerous IDP camps in Darfur.b Mohammed Osman Mohammed and two otherswere arrested after police fired live ammunition atprotesters in Otash IDP camp in May. The same day,police used excessive force against scores ofdemonstrators, including women, as they carried amemorandum of concerns about the DPA to the UNoffice in Nyala. Scores were arrested and 25 remainedin detention awaiting trial at the end of 2006.

Cruel, inhuman or degrading punishments and tortureCruel, inhuman or degrading punishments such asflogging were imposed for offences including thebrewing of alcohol or adultery. Torture continued to beused systematically against certain groups, includingstudents and detainees in Darfur.b In February scores of students from Juba Universityin Khartoum were beaten with batons by armed policeand security services after they gathered to call for theuniversity to be relocated to Juba. Some 51 weredetained and, according to reports, taken to secretcentres known as “ghost houses” where they werebeaten, deprived of food and not allowed access tolegal counsel or their families.b Ibrahim Birzi reportedly died as a result of tortureand is thought to have been buried secretly. He was one of13 internally displaced people from Foro Baranga, south ofal-Jeneina in Darfur, who were arrested in September,severely beaten with bicycle chains and leather whips,and had their heads submerged under water. They werereportedly suspected of being supporters of the SudanLiberation Army/Movement (SLA/M).

Trials and death sentencesAppeal courts and criminal courts in Khartoumacquitted political detainees in some trials. However, inthe majority of trials, rights of defence were curtailedor absent, and testimony given under duress wasaccepted as evidence. Dozens of death sentences werepassed, usually after unfair trials in which rights ofdefence, including the right to be represented bycounsel, were not respected.b In April the remaining 10 defendants in a trial ofPopular Congress members were acquitted after theSpecial Court in Khartoum North accepted that theirconfessions were obtained under torture. They hadbeen arrested in September 2004 and charged with anattempted coup.

b In a trial before the Khartoum Criminal Court of 137residents of Soba Aradi, a settlement of mostlydisplaced people in Khartoum North, 62 detainees wereacquitted in June and August for lack of evidence. Theywere charged in connection with clashes in May 2005,in which 14 police officers and 30 IDPs were killed, overthe proposed relocation of the settlement. Sevendefendants were sentenced to death in November.

In Darfur, trials before Specialized Criminal Courtsset up in 2003 to try crimes such as banditry failed tomeet international fair trial standards. In some cases,the courts admitted as evidence confessions reportedlymade under duress and later retracted in court.

Trials before the Special Criminal Court on the Eventsin Darfur (SCCED) have mostly been for ordinaryoffences unconnected with crimes under internationallaw in Darfur. The Court’s inauguration in July 2005coincided with the opening of the investigation by theInternational Criminal Court into war crimes andcrimes against humanity in Darfur.b In the only case involving attacks on civiliansknown to have come before the SCCED, three men,including two border guards, were sentenced to up tothree years’ imprisonment in May for stealing goods inthe village of Tama in October 2005. No one wascharged in connection with the killing of 28 civiliansduring the attack.

Forced evictionsThere was forced displacement in many areas,including Darfur, parts of the south, and the area of theMeroe dam. The Khartoum municipal authoritiescontinued to forcibly evict internally displaced peoplewho had settled in the Khartoum area, notwithstandingan agreement reached between the Governor ofKhartoum State and a Consultative Committee on Re-Planning Affecting IDPs composed of representativesfrom the UN, other governments and donors. TheGovernor had promised a moratorium on allrelocations until they were better planned and until thenew locations met certain minimum standards.b On 16 August, without prior warning, bulldozersbegan to demolish homes in Dar al-Salam, an IDPsettlement 43km south of Khartoum housing some12,000 IDPs. Many had fled droughts and famine inDarfur in the 1980s. Armed police and Special Forcesused violence and tear gas against residents, andcarried out arrests. Four people died, including a child,and many were injured.b The building of the Meroe dam on the River Nilewill cause the relocation of some 50,000 people. InAugust, 2,723 households in Amri were given six days toevacuate their homes and reportedly not provided withshelter, food or medical care. Journalists who tried tovisit the displaced were briefly detained and sent backto Khartoum.

AI country reports/visitsReports• Chad/Sudan: Sowing the seeds of Darfur – ethnic

targeting in Chad by Janjawid militias from Sudan (AIIndex: AFR 20/006/2006)


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• Sudan: Protecting civilians in Darfur – a briefing foreffective peacekeeping (AI Index: AFR 54/024/2006)

• Sudan (Darfur): Korma – yet more attacks oncivilians (AI Index: AFR 54/026/2006)

• Sudan: Darfur – threats to humanitarian aid (AI Index: AFR 54/031/2006)

• Sudan: Crying out for safety (AI Index: AFR54/055/2006)

• Sudan/China: Appeal by Amnesty International tothe Chinese government on the occasion of theChina-Africa Summit for Development andCooperation (AI Index: AFR 54/072/2006)

• Sudan: Sudan government’s solution – Janjawidunleashed in Darfur (AI Index: AFR 54/078/2006)

• Sudan/Chad: ‘No-one to help them’ – rape extendsfrom Darfur into Eastern Chad (AI Index: AFR54/087/2006)

VisitsAI delegates visited Khartoum to attend an NGOmeeting during the African Union summit in January. AIwas allowed no further visas to visit Sudan.

AI delegates visited Chad in May, July and Novemberto carry out research on Sudan and attacks from Sudaninto Chad.

SWAZILANDKINGDOM OF SWAZILANDHead of state: King Mswati IIIHead of government: Absalom Themba DlaminiDeath penalty: retentionistInternational Criminal Court: not ratified

A new Constitution came into force, promisingincreased human rights protection. Reports oftorture, ill-treatment and excessive use of force bymembers of the police persisted, and there was a lackof redress for the victims. While a third of all adultswere living with HIV, less than half those requiringantiretroviral therapy were receiving it. Children’srights were undermined by poverty, HIV/AIDS,sexual violence and discrimination. Women and girlscontinued to suffer discrimination under the law, andsurvivors of rape, particularly in rural areas, facedobstacles in access to justice and health care.

Legal and constitutional developmentsA new Constitution came into force in February, providingqualified guarantees for civil and political rights.

The legal status of political parties remaineduncertain as the King’s Proclamation of 1973, under

which they were banned, was not repealed. AnInternational Labour Organization (ILO) delegation,visiting the country in June, signed an agreement withthe government and “social partners” who undertook toreview the impact of the Constitution on rightsprotected under ILO conventions and recommendrepeal of non-compliant statutes. An organizationattempting to register as a political party sought a HighCourt order to clarify its position. A ruling was pendingat the end of the year. In November the NationalConstitutional Assembly, trade union officials andothers challenged the validity of the Constitution in theHigh Court. The case was postponed until 2007 becauseof a shortage of judges.

Access to legal remedies in human rights cases waslimited by the failure of government to ensure anefficient and independent judicial appointmentprocess. By the end of 2006 there was only onepermanent judge on the High Court Bench, along withthree judges with temporary contracts. Theconstitutionality of the Judicial Services Commission,which advises the King on judicial appointments, waschallenged in the High Court in October. The hearingwas postponed until 2007.

The Court of Appeal was reconstituted as theSupreme Court, with two new judicial appointments.

In July the King assented to the Prevention ofCorruption Act.

Human rights violations by lawenforcement officialsIncidents of torture, suspicious deaths in custody, anduse of excessive force by police were reported. Crimesuspects as well as members of political organizationswere the main victims. Impunity for human rightsviolations by law enforcement officials was apersistent problem.b In March the High Court, when granting bail,ordered the government to investigate allegations oftorture by 16 defendants charged with treason andother offences in connection with petrol bombings inlate 2005. Allegations of suffocation torture, beatingsand other ill-treatment had earlier emerged atmagistrates’ court hearings. Nine defendants wereinterrogated and allegedly tortured at one policestation, Sigodveni. Four defendants also appeared inthe High Court with visible injuries sustained while heldat Sidwashini prison. Independent forensic medicalexaminations in March of some defendants confirmedthat their injuries were consistent with the allegations.In October the Prime Minister established acommission of inquiry.b In January Takhona Ngwenya was assaulted atMbabane police station, where she had gone to make astatement about the theft of a friend’s phone. She waspunched and kicked all over her body, including herface, and subjected to suffocation torture with a blackplastic bag so that she lost consciousness. She requiredmedical treatment. In response to a civil claim fordamages, the police denied liability.b In July Mduduzi Motsa died in custody at Sigodvenipolice station. The police initially told his relatives that


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he had died in a motor accident but later said that hehad committed suicide in his cell. The policereportedly prevented relatives from attending theofficial postmortem.

In a number of incidents demonstrators weresubjected to excessive force by members of the policeOperations Support Services Unit. In Septemberuniversity students attempting to deliver a petition tothe Prime Minister’s office in Mbabane were beatenwith batons and kicked to the ground. In Decembersupporters of the political organization, PUDEMO,were tear-gassed and baton-charged by police inManzini. PUDEMO member Mphandlana Shongwe, whowent to Manzini police station to inquire aboutarrested demonstrators, was beaten, kicked andknocked against a wall and required hospitaltreatment for his injuries.

Violations of the right to fair trialThe 16 defendants charged with treason and otheroffences had not been brought to trial by the end of theyear. The High Court had ordered the accused to bereleased on bail in March on the grounds that theprosecution had not presented a prima facie caseagainst any of them. In November the state’s appeal ona technicality against the bail ruling was postponeduntil 2007.

Children’s rightsChildren’s access to education was limited by theimpact of poverty, HIV/AIDS, sexual violence anddiscrimination on the basis of gender and disability.The number of children orphaned by AIDS wasestimated at 70,000 and 10 to 15 per cent of householdswere headed by children, mostly by girls who werevulnerable to multiple forms of abuse.

Additional training and capacity for the policeDomestic Violence, Child Protection and Sexual OffencesUnit (DV Unit), the establishment of child friendlyinterview facilities and the development of CommunityChild Protection Committees at local level began toimprove children’s access to justice in cases of abuse.

In September the UN Committee on the Rights of theChild (CRC) expressed concern at the lack of a“systematic and comprehensive” legislative review tobring domestic legislation into line with the Conventionon the Rights of the Child. The CRC was also concernedat the lack of protection under the law against early andforced marriage, the position of adolescent girlssuffering marginalization and gender stereotyping andtheir low school completion rates. The CRC criticizedthe persistence of corporal punishment in the familyand in schools, and the provision in the Constitutionwhich permitted “moderate chastisement” of children.The courts continued to impose corporal punishmenton under-18-year-old boys.

The government significantly increased its nationalbudget allocation for the education of orphans andvulnerable children, but continuing delays in paymentsto schools jeopardized the children’s access toeducation. In November the Swaziland NationalAssociation of Teachers applied to the High Court for an

order to compel the government to make the payments.The case was postponed until 2007 because of theshortage of judges.

Women’s rightsThe new Constitution provided women for the first timewith the right to equal treatment with men, includingequal opportunities in the political, economic andsocial spheres, and provided some protection forwomen from being compelled to comply with customsagainst their will.

Women and girls continued to face discriminationunder both the civil and customary legal systems.Incidents of forced or early marriage under thepractices known as Kutekwa and Kwendziswacontinued to be reported.

The Commissioner of Police reported a 15 per centincrease in cases of rape and abuses of women andchildren. Survivors of sexual violence, particularly inrural areas, faced continuing obstacles to access tojustice and emergency health care due to the lack of co-ordinated and adequately resourced services. TheDV Unit took steps to improve police investigation skillsand data collection.

The draft Sexual Offences and Domestic ViolenceBill, intended to improve the legal framework forinvestigating and prosecuting crimes of rape and otherforms of sexual violence, was still with the Ministry ofJustice and Constitutional Affairs at the end of the year.

People living with HIV/AIDSIn December UNAIDS estimated that 33 per cent ofadults were living with HIV in 2005. The governmentreported that among pregnant women attendingantenatal clinics there was a slight decline since 2004 inprevalence rates to 39.2 per cent. The prevalence ratefor the most affected group, 25 to 29 years, declinedfrom 56 to 48 per cent.

In February some 15,000 of the estimated 36,500people requiring anti-retroviral therapy (ART) werereported to be receiving it free of charge through publicfacilities. The Swaziland National AIDS Program tooksteps to increase access to post-exposure prophylaxistreatment for rape survivors and to preventtransmission of HIV from mother to child. The numberof HIV Testing and Counselling Centres increased to 23from only three in 2002. In June the governmentreleased the Second National Multisectoral HIV andAIDS Strategic Plan for prevention and treatment.

In October the World Food Programme expressedconcern that patients were abandoning ART.Contributing factors included food shortages, thescarcity and cost of public transport systems, and thecost of other necessary medication for opportunisticinfections and side-effects of ART. Organizations ofpeople living with HIV and AIDS called for officialstructures to work more closely with them in addressingthe causes and consequences of the epidemic.

Death penaltyThere were no executions and no new death sentenceswere imposed by the High Court. The new Constitution


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retained the death penalty but it was no longer amandatory punishment for certain crimes.

AI country reports/visitsReports• Swaziland: Persistent failure to call police to account

(AI Index: AFR 55/001/2006)• Swaziland: Memorandum to the Government of

Swaziland on the Sexual Offences and DomesticViolence Bill (AI Index: AFR 55/003/2006)

VisitAn AI delegation visiting in April held high-levelgovernment meetings and consultations with a rangeof medical, legal and civil society organizations onhuman rights concerns. It co-hosted with local non-governmental organizations a seminar on improvingaccess to justice and health care for survivors ofsexual violence.

SWEDENKINGDOM OF SWEDENHead of state: King Carl XVI GustafHead of government: Fredrik Reinfeldt (replaced GöranPersson in October)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

A UN human rights body confirmed that the Swedishauthorities were responsible for multiple human rightsviolations in connection with a summary expulsion toEgypt. The Swedish government reiterated thatdecisions by UN Committees were not legally binding,and continued to refuse to provide redress, includingcompensation, to the victims. In March there weremajor changes in the asylum process.

Update: ‘war on terror’ deportationsIn November the UN Human Rights Committee foundthat the Swedish authorities’ summary expulsion ofMohammed El Zari to Egypt in 2001 breached theprohibition of refoulement (involuntary return ofanyone to a country where they would be at risk ofserious human rights abuses), and that the diplomaticassurances obtained from Egypt in this case wereinsufficient to eliminate the manifest risk of torture.These findings confirmed the conclusions of the UNCommittee against Torture in 2005 in respect of acomplaint against Sweden by another Egyptian asylum-seeker, Ahmed Agiza, jointly expelled to Egypt withMohammed El Zari.

The Human Rights Committee also found that theSwedish authorities were responsible for the ill-treatment at the hands of US agents on Swedish soilimmediately before the expulsion; failed to instigate aprompt, independent and impartial investigation intothe ill-treatment and bring appropriate charges; andfailed to provide an effective, independent review ofthe decision to expel Mohammed El Zari, despite thereal risk of torture in Egypt. The Swedish authoritiesalso breached his right of complaint by immediatelyexpelling him despite advance notification that hewould be seeking international interim protectionmeasures in the event of a negative decision on hisasylum claim.

The government continued to insist that suchdecisions by UN Committees were not legally binding,and provided no legal ground for compensation.

Refugees and asylum-seekersIn March a new Aliens Act entered into force, dissolvingthe Aliens Appeals Board and establishing a right toappeal against negative asylum decisions, amongothers, to higher courts. Appeals against first instancedecisions of the Swedish Migration Board would belodged with the Migration Courts, whose decisions inturn could be the subject of appeal to the MigrationCourt of Appeal. The Act also heralded a greaterpossibility for oral hearings.

However, in many cases, the Migration Courts did notmaintain the confidentiality of personal information ordetails of persecution, including torture. Nor did theyalways accede to asylum-seekers’ requests for closedhearings, giving rise to concerns about personal safety,particularly where rejection of applications could leadto deportations. The Migration Board did not respondto AI’s call for asylum-seekers to be informed thatconfidentiality might not be respected in appealproceedings.

Sexual orientation and gender-based persecutionwere introduced as grounds for seeking refugee status.b In September the Stockholm Migration Courtrejected the appeal of an Iranian asylum-seeker whohad sought asylum on the grounds of his sexualorientation. The Court used only one source of countryinformation, a Swedish Ministry for Foreign Affairsreport, concluding that he was not at risk ofpersecution in Iran solely on these grounds,particularly if he concealed his sexual orientation. AIcriticized the decision and the Ministry report, arguingthat persecution based on sexual orientation wasenshrined in law in Iran and could lead to theimposition of the death penalty. In December theMigration Court of Appeal declined to hear an appealagainst the lower court’s decision, which thereforebecame final.

The authorities actively sought to deport rejectedEritrean asylum-seekers, despite recommendations toall states by the UNHCR, the UN refugee agency, torefrain from forcible returns to Eritrea.

From September, under a Migration Board decision,all asylum-seekers were to be granted an appointedlegal representative, apart from those whose claims


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would be determined by another European Unionmember state in accordance with the so-called DublinRegulation.

Violence against womenIn June a Commission established in 2005 to look atmunicipalities’ responsibilities on violence againstwomen made public its recommendations. Severalcorresponded to issues that had been raised by AI. Theyincluded the need to amend the Social Services Act toincrease municipalities’ responsibilities for improvingsupport and protection for women subjected toviolence, among them women with special needs. InJune the UN Special Rapporteur on violence againstwomen, on a fact-finding mission to Sweden,highlighted considerable differences in the waymunicipalities discharged these responsibilities. Shecalled for greater public scrutiny and guidance.


(AI Index: EUR 01/008/2006)• Sweden: The case of Mohammed El Zari and Ahmed

Agiza – violations of fundamental human rights bySweden confirmed (AI Index: EUR42/001/2006)olations of fundamental human rightsby Sweden confirmed (AI Index: EUR 42/001/2006

SWITZERLANDSWISS CONFEDERATIONHead of state and government: Moritz LeuenbergerDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

The rights of asylum-seekers and migrants werefurther restricted under new legislation. A new lawpermitted the expulsion of a violent partner from thefamily home in cases of domestic violence, butmigrant women were left at risk of deportation ifthey ended a relationship with a violent partner. TheUN Special Rapporteur on racism found strongevidence of institutional racism within the police.

Changes to migration and asylum lawUnder a 2005 asylum law approved by nationalreferendum on 24 September 2006, access to theasylum procedure can be refused to people withoutnational identity documents. The time frame for appealagainst a decision to refuse consideration of an asylumcase was reduced to five days in many instances, with

no state-sponsored legal representation for those whocannot afford a lawyer. Under the new law, irregularmigrants can be detained pending expulsion for up totwo years while their identity is determined. Minorscan be detained for up to one year, in contravention ofinternational standards. In October the chair of theFederal Supreme Court, Dr Giusep Nay, expressedconcern that the provisions in law relating to detentionwere not in line with Switzerland’s international legalobligations.

Family reunification measures for migrants fromoutside the European Union were further restrictedunder a new migration law passed in September.

Violence against womenFigures released in October by the Federal Office ofStatistics indicated that approximately 28 women dieeach year in Switzerland as a result of domesticviolence. On 23 June Parliament amended the civil lawpermitting the expulsion of the aggressor from theshared home if requested by the victim of domesticviolence. However, migrant women living inSwitzerland for fewer than five years remainedvulnerable to expulsion if they stopped cohabiting withthe partner named on their residence permit.

RacismFollowing a visit in January, the UN Special Rapporteuron racism noted that racism, xenophobia anddiscrimination were “trivialized” in political debate inSwitzerland. He also observed strong evidence ofinstitutional racism, including within the police.Allegations continued of ill-treatment, excessive use offorce and racist abuse by police officers, and ofsubsequent impunity for the perpetrators.

Extraditions under diplomatic assurancesThree Turkish nationals who applied for asylum or re-examination of an asylum claim in 2006 werearrested in response to an extradition request fromTurkey, reportedly to face charges of involvement witharmed opposition groups. Despite the risk of an unfairtrial if returned to Turkey, the Swiss authorities agreedto the return of two of the applicants on the basis of adiplomatic assurance by the Turkish authorities thatthey would not be arbitrarily detained, tortured orunfairly tried. Appeals against the decision werepending. The third case was still pending an initialdecision at the end of 2006.


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SYRIASYRIAN ARAB REPUBLICHead of state: Bashar al-AssadHead of government: Muhammad Naji al-‘OtriDeath penalty: retentionistInternational Criminal Court: signed

Freedom of expression and association continued tobe severely restricted. Scores of people were arrestedand hundreds remained imprisoned for politicalreasons, including prisoners of conscience and otherssentenced after unfair trials. Discriminatorylegislation and practices remained in force againstwomen and the Kurdish minority. Torture and ill-treatment in detention continued to be reported andcarried out with impunity. Human rights defenderscontinued to face arrest, harassment and restrictionson their freedom of movement.

BackgroundThe state of emergency imposed in 1962 remained inforce. A UN investigation continued to indicate high-level Syrian involvement in the February 2005assassination of former Lebanese prime minister Rafiqal-Hariri, which Syria denied.

Syria hosted more than 200,000 Lebanese refugeeswho fled to the country during the July/August conflict,as well as some 500,000 Iraqi refugees displaced by thecontinuing conflict in Iraq. There were also some500,000 Palestinian refugees in Syria and tens ofthousands of Syrians remained displaced due to Israel’scontinuing occupation of the Golan.

A European Union-funded human rights centre wasclosed down in March, shortly after opening. TheAssociation Agreement between Syria and theEuropean Union, initialled in October 2004 andcontaining a human rights clause, remained frozen for afurther year at the final approval stage. Syria’s relationswith the USA remained strained.

ReleasesFive of the remaining prisoners from the pro-reformmovement referred to as the “Damascus Spring” – RiadSeif and Ma’mun al-Homsi, both former parliamentarydeputies, Walid al-Bunni, Habib ‘Issa and Fawaz Tello –were freed on 18 January, seven months before theexpiry of their five-year sentences.

Imprisonment for political reasonsScores of people were arrested during 2006 for politicalreasons, including tens of prisoners of conscience.Hundreds of political prisoners, including prisoners ofconscience, remained imprisoned. Scores faced trialbefore the Supreme State Security Court (SSSC),Criminal Court or Military Court, all of which failed torespect international standards for fair trials.b In April, Riad Drar al-Hamood was sentenced by theSSSC to five years’ imprisonment on charges of belonging

to a “secret organization”, “publishing false news” and“inciting sectarian strife”. A member of the Committeesfor Revival of Civil Society, an unauthorized network ofpeople engaging in human rights-related and politicaldiscussion, he was arrested in June 2005 after making aspeech at the funeral of the prominent Kurdish Islamicscholar, Sheikh Muhammad Ma’shuq al-Khiznawi, whohad been abducted and killed. The charge of “incitingsectarian strife” was commonly used against humanrights defenders and activists seeking to promote therights of Syrian Kurds.b Ten of the scores of signatories to the “Beirut-Damascus Declaration” that sought normalization ofrelations between Syria and Lebanon were arrestedbetween 14 and 18 May. Human rights lawyer Anwar al-Bunni, writer Michel Kilo and Mahmoud ‘Issa – who wasrearrested in October after being released on bail inSeptember with former prisoner of conscience KhalilHussein and Suleyman Shummar – remained detainedat the end of the year. The five men faced multiplecharges including one common charge of insulting thePresident, government officials or public servants.b There were increased concerns for the health of Dr‘Aref Dalilah, aged 63. He was said to have suffered astroke in mid-2006 and continued to suffer fromdiabetes and high blood pressure. He remainedimprisoned in a small, isolated cell serving the 10-yearsentence imposed on him for his involvement in the2001 pro-reform movement referred to as the“Damascus Spring”.b The trial of former “Damascus Spring” prisonerKamal al-Labwani, who was arrested in November2005 on his return to Syria after several months inEurope and the USA during which he peacefully calledfor democratic reform, continued before the CriminalCourt. He was charged with “encouraging foreignaggression against Syria”, an offence punishable bylife imprisonment. In November he was badly beatenby a criminal prisoner, reportedly at the instigation ofthe authorities.b Eight young men remained detainedincommunicado at the end of 2006 after being arrestedbetween January and March, apparently in connectionwith their involvement in developing a politicaldiscussion group. They were reportedly tortured duringtheir interrogation. They were being tried by the SSSC.Seven of the men were charged with “subjecting Syria tothe risk of hostile acts”, and all eight with “publishingfalse news that may offend the dignity of the State”.b In August former “Damascus Spring” prisoner ofconscience Habib Saleh was sentenced by the militarycourt in Homs to three years’ imprisonment for“weakening nationalist sentiments” and “spreading falsenews”. The charges related to articles critical of theSyrian authorities that he had published on the Internet.b Scores of individuals were facing trial for theiralleged following of the “Islamist trend”. On 14November the SSSC sentenced 11 men from al-’Otaybewho were arrested in April 2004 to prison terms of sixto nine years for membership of a Salafi organization.Some 23 young men from Qatana remained detainedfollowing their arrests in July 2004. Members of both


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groups were reportedly tortured and ill-treated duringlong periods of incommunicado detention.b On 20 December, Kurdish activist and secretary ofthe outlawed Syrian Kurdish Democratic Unity Party,Muhi al-Din Sheikh Aali, was reportedly arrested byMilitary Intelligence, in Aleppo, northern Syria. At theend of the year he remained in incommunicadodetention at an unknown location.

Freedom of expressionFreedom of expression remained strictly controlled.b Seventeen state employees working in variousgovernment ministries were dismissed withoutexplanation but apparently on account of their links tothe “Beirut-Damascus Declaration”. The dismissalswere ordered by Prime Minister Muhammad Naji al-‘Otri on 14 June.b Upon his release in September after serving a six-month sentence imposed by the Military Court for“insulting the President”, “harming the dignity of theState” and “inciting sectarian strife”, writer MuhammadGhanem was also reportedly suspended from hisemployment in the Education Directorate in al-Raqqa.b Dozens of Syrian Internet news sites werereportedly blocked during 2006, includingwww.syriaview.net, www.thisissyria.net,www.kurdroj.com, www.shril.info andwww.arraee.com.

Torture and ill-treatmentTorture and ill-treatment in custody continued to bereported, and allegations of such ill-treatment werenot investigated.b It was reported in April that Muhammad ShaherHaysa died in custody in Damascus as a result of tortureand ill-treatment he was subjected to while detainedfor six months. He was reportedly arrested on suspicionof involvement in the Jund al-Sham organization.b ‘Ali Sayed al-Shihabi, a former prisoner ofconscience for nine years, remained detained at the endof the year following his arrest in August, apparently inrelation to articles he had written for the Internet.While held at the Investigation Branch in Damascus hewas beaten with sticks on his feet and hands.b In October, Muhammad Haydar Zammar, a Germannational of Syrian origin held in secret, incommunicadodetention since December 2001 and reportedlytortured, was brought before the SSSC on chargesincluding membership of the outlawed MuslimBrotherhood for which, if convicted, he could face thedeath penalty.

Violence and discrimination against womenAt least 10 women were reportedly killed by close malerelatives for alleged reasons of “honour”. Perpetratorscontinued to enjoy near impunity for the crimes onaccount of inadequate investigations and of provisionsin the Penal Code that allow for reduced sentences forkilling a female member of the family who is allegedlycommitting “adultery” or having other “sexualrelations”. Women’s rights activists worked to enddiscriminatory legislation including in the areas of

marriage, divorce, the family, inheritance andnationality, and to achieve greater protection againstdomestic and other forms of violence.b In a village near Sweida in July, a teenage womanwith learning difficulties was reportedly killed by herbrother, following her rape by a relative. A trial wasongoing at the end of the year.b In March a young woman was reportedly forced tomarry the man who had raped her and thereby absolvehim of any crime, in accordance with article 508 of thePenal Code.

Discrimination against KurdsSyrian Kurds continued to suffer from identity-baseddiscrimination, including restrictions on the use of theKurdish language and culture. Tens of thousands ofSyrian Kurds remained effectively stateless and as suchcontinued to be denied equal access to social andeconomic rights.b Some 75 Kurds were reportedly released inSeptember following their arrests in March forpeacefully celebrating Nowruz (the lunar New Year) inAleppo. The celebration was violently broken up by thesecurity forces.b Four teachers were reportedly detained for onemonth from 4 August for teaching the Kurdish language.

Human rights defendersSeveral unauthorized human rights organizationscontinued to be active, although their members were atrisk of arrest, harassment and travel bans.b Dr ‘Ammar Qurabi, media spokesman of theNational Organization for Human Rights, was detainedfor four days in March at Palestine Branch of MilitaryIntelligence in Damascus, then released without charge.b On 11 July the offices of the Human RightsAssociation of Syria were attacked, with windowsbroken and animal faeces smeared on the walls.b On 27 July Muhannad al-Hasani, head of the SyrianHuman Rights Organization, was prevented fromtravelling to a meeting on organizational systems inJordan, by order of the security services. In October hewas prevented from travelling to Morocco to attend theEuro-Mediterranean Civil Forum.b In November, Nizar Ristnawi, a founding memberof the Arab Organization for Human Rights-Syria, wassentenced by the SSSC to four years’ imprisonment for“spreading false news” and “insulting the President”.The charges and sentence appeared to be based on hiswork promoting human rights and democracy. NizarRistnawi was arrested in April 2005 and detainedincommunicado until August 2005.

UN Working Group on Arbitrary DetentionIn May the UN Working Group on Arbitrary Detentiondetermined that the detention of five individualsdeported to Syria was arbitrary, given “the gravity of theviolation of the right to a fair trial”. Muhammad Fa’iqMustafa was deported from Bulgaria in November 2002and sentenced to 12 years’ imprisonment by the FieldMilitary Court, before being released in November 2005.Ahmet Muhammad Ibrahim was deported from Turkey


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in March 2005, reportedly tortured, then released inJanuary 2006. Nabil al-Marabh, who was deported toSyria from the USA in January 2004, was sentenced inMarch by the SSSC to five years’ imprisonment for“subjecting Syria to the risk of hostile acts”. Both ‘Abd al-Rahman al-Musa, who was deported from the USA inJanuary 2005, and Muhammad Osama Sayes, who wasdeported from the UK in May 2005, were sentenced todeath by the SSSC in June for affiliation to the MuslimBrotherhood. The sentences were immediatelycommuted to 12 years’ imprisonment.

Death penaltyThe death penalty remained in force for a wide range ofoffences, but the authorities disclosed littleinformation about its use. At least seven individualswere sentenced to death under Law 49 of 1980 foraffiliation with the outlawed Muslim Brotherhoodorganization, then had the sentences commuted to 12years’ imprisonment.

Impunity/enforced disappearancesThere was increased discussion within civil societyover the issue of combating past impunity,particularly with regard to mass human rights abusescommitted since the late 1970s. The fate of more than17,000 people, mostly Islamists, who “disappeared”after they were detained in the late 1970s and early1980s, and hundreds of Lebanese and Palestinianswho were detained in Syria or abducted from Lebanonby Syrian forces or Lebanese and Palestinian militias,remained unknown.

AI country reports/visitsVisitIn January AI visited Syria for the first time since 1997,and met government officials, lawyers and others,including detainees’ families.

TAIWANTAIWANHead of state: Chen Shui-bianHead of government: Su Tseng-chang (replaced FrankHsieh Chang-ting in January)Death penalty: retentionist

Hundreds of thousands of people participated inpolitical demonstrations for and against PresidentChen Shui-bian in the wake of corruption allegationsagainst him and his family. Media organizationsraised concerns for the safety of journalists coveringsuch protests. Mandatory death sentences wereabolished, but the death penalty remained as adiscretionary punishment for murder and severalother crimes. No executions were carried out duringthe year, but five people were sentenced to deathand between 70 and 100 continued to be held ondeath row. Some legislative reforms were introducedor proposed aimed at addressing sexual harassmentand domestic violence, both of which reportedlyremained widespread.

Death penaltyIn a break from the past, no executions were carriedout during 2006 but around 70-100 prisoners continuedto be held on death row, including 23 whose sentenceshad been confirmed by the Supreme Court. Somemeasures were introduced aimed at improvingconditions of detention on death row. The use ofshackles was reduced and legal aid was extended todeath row prisoners.

In a response to campaigning by anti-death penaltyactivists in October, Minister of Justice Shih Mao-linstated that reliance on the death penalty as a method ofcrime control was illusory and that his Ministry wouldpush for law revisions to bring about the eventualabolition of the death penalty. However, he signed anexecution order for one death row prisoner, Chong De-shu, just weeks later. His execution had not taken placeby the end of the year.

The law continued to provide for imposition of thedeath penalty for numerous crimes by shooting orlethal injection, although so far lethal injection has notbeen used.b Liu Bing-lang, Su Chien-ho and Chuang Lin-hsun,known as the “Hsichih Trio”, faced their 11th retrial afterbeing convicted of murder. The case was based almostentirely on their confessions which were allegedlyextracted through torture at the hands of the police.Chuang Lin-hsun has suffered from mental illness sincehis time in police custody.

Freedom of expression, association and assemblySeveral human rights groups formed a coalition tocampaign for reforms to the Assembly and Parade Law,including to provisions requiring police permission tohold a public demonstration. Some journalists were


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assaulted by demonstrators or the police during politicaldemonstrations both for and against the President.b In May a Taipei court ruled that Lin Bo-yi, auniversity student charged with violating the Assemblyand Parade Law, was not guilty on grounds that he was“making a petition” which did not require a permit fromthe police in advance. Lin Bo-yi had participated in apeaceful student rally in July 2005 outside the Ministryof Education protesting at high tuition fees. He hadcited his constitutional rights to freedom of assemblyand association in his defence.

Violence against womenNew regulations aimed at preventing sexualharassment took effect in February.

Legislators discussed draft amendments to theDomestic Violence Law, including proposals to clarifythat same-sex and unmarried couples are within itsscope, but no amendments had been introduced by theend of the year.

AI country reports/visitsStatements• Amnesty International calls on Taiwan to abolish the

death penalty, October 2006 (AI Index: ASA38/001/2006)

• Taiwan: Imminent execution of Chong De-shu (AIIndex: ASA 38/002/2006)

TAJIKISTANREPUBLIC OF TAJIKISTANHead of state: Imomali RakhmonovHead of government: Akil AkilovDeath penalty: retentionistInternational Criminal Court: ratified

Widespread and routine torture or other ill-treatmentby law enforcement officers continued to bereported. At least one opposition party activist diedin custody in suspicious circumstances. Increasingnumbers of women were detained for membership ofbanned Islamic movements or parties.

BackgroundPresident Imomali Rakhmonov won a third seven-yearterm as president following elections in Novemberwhich the Organization for Security and Co-operationin Europe concluded “lacked genuine choice andmeaningful pluralism.”

Following international pressure the governmentallowed access to five independent websites perceived

to be critical of the regime and which it had blocked inthe run-up to the presidential elections reportedly onsecurity grounds.

Relations with neighbouring Uzbekistan continued to be tense and at least four ethnic Uzbek men weresentenced to long prison terms on charges ofespionage.

Torture and ill-treatmentThere were continuing reports of unlawful arrests andwidespread and routine torture or other ill-treatmentby law enforcement officers, several of whom weresentenced to prison terms.b In May, 12 inmates in Kurgan-Tiube prison went ontrial for their alleged part in an incident in August 2005in which some 100 prisoners reportedly cut their veinsin protest at cruel, inhuman and degrading conditionsof detention and regular ill-treatment. The authoritiesclaimed it was a riot. Relatives of the inmates held apress conference in which they claimed that some ofthe men had had their plaster casts and bandagesremoved for their court appearances. The judgereportedly refused to consider the prisoners’ injuriesand dismissed their allegations of torture.b In November the UN Committee against Tortureconsidered Tajikistan’s first report and raised concernsabout the “numerous allegations regarding widespreadroutine use of torture and ill-treatment by investigativepersonnel, particularly to extract confessions to beused in criminal proceedings.” It also reported on “thefailure of judges to dismiss or return cases for furtherinvestigation in instances where confessions wereobtained as a result of torture.” It was furtherconcerned about the very small number of officialsconvicted for acts of torture and other ill-treatment.

Death in custodyb Sadullo Marufov, a member of the IslamicRenaissance Party (IRP), died in police custody in Mayafter he was detained for questioning by lawenforcement officers in Isfara. Initially the officersclaimed that he had committed suicide by jumping froma third floor window. The IRP claimed that an autopsyreport indicated that he had been beaten and ill-treated, and alleged that he had been pushed from thewindow. The general prosecutor’s office subsequentlyannounced that following an investigation threeofficers had been detained.

Detentions and unfair trialsMore than 50 alleged members of the banned Islamicopposition party Hizb-ut-Tahrir, including at least 20women, and 30 alleged members of the IslamicMovement of Uzbekistan were detained. Many weresentenced to long prison terms after unfair trials.

AI country reports/visitsReport• Commonwealth of Independent States: Positive



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TANZANIAUNITED REPUBLIC OF TANZANIAHead of state: Jakaya KikweteHead of government: Edward LowassaHead of Zanzibar government: Amani Abeid KarumeDeath penalty: retentionistInternational Criminal Court: ratified

All death sentences were commuted. Journalistswere at times harassed or arrested. Several thousandlong-settled unregistered migrants were deported.Prison conditions were harsh.

BackgroundTalks on legal and electoral reform in semi-autonomousZanzibar continued between the ruling Party of theRevolution (Chama Cha Mapinduzi) and the oppositionCivic United Front (CUF) but without much progress.

Freedom of expression and the mediaJournalists writing articles criticizing the governmentwere at times harassed, threatened or arrested.b Three journalists of Rai newspaper were arrestedand charged in July.b In August Richard Mgamba of The Citizennewspaper was arrested and threatened with beingstripped of his citizenship and expelled from thecountry on account of an interview he gave in adocumentary film about arms trafficking.b Three visiting mainland journalists were brieflyarrested in Zanzibar in September.

A previous sedition case against opposition partyleader Augustine Mrema and two environmental rightsactivists, all three of whom were free on bail, wascontinuing.

Violence against womenFemale genital mutilation continued to be illegallypractised in many rural areas on the mainland, withrates of over 80 per cent among some ethnic groups. Noprosecutions were reported. The World HealthOrganization reported a high rate of domestic violencein Tanzania, with 30 per cent of victims suffering seriousinjuries due to severe beatings.

Prison conditionsThe government accepted the need to reduce severeovercrowding in prisons but little action was taken. TheNational Commission for Human Rights and GoodGovernance inspected mainland prisons and criticizedharsh conditions, particularly the holding of juvenileprisoners together with adults. The Commission wasstill barred by the Zanzibar government from workingor opening an office in Zanzibar.

Migrants’ rightsThe government ordered the deportation of all illegalimmigrants who had failed to register or apply for

citizenship. Deportations began of several thousandpeople originating from neighbouring countries such asRwanda, Burundi, Uganda and Democratic Republic ofthe Congo who had lived in Tanzania for up to 15 yearsor longer. There was a much larger number of suchpeople, some of whom were former refugees integratedinto rural communities who had never regularized theirstatus.

Death penaltyIn August President Kikwete commuted all deathsentences on mainland Tanzania to life imprisonment.The total number of commutations was not officiallydisclosed, but was estimated to be about 400. Many ofthe prisoners had been on death row for several years.At the end of 2006, no one was under sentence of deathin Tanzania, either on the mainland or in Zanzibar.

THAILANDKINGDOM OF THAILANDHead of state: King Bhumibol AdulyadejHead of government: Surayud Chulanont (replacedThaksin Shinawatra in October)Death penalty: retentionistInternational Criminal Court: signed

After the 19 September military coup, coup leadersabrogated the 1997 Constitution and issued decreesinstituting martial law and restricting the rights tofreedom of expression, association and assembly.Martial law was lifted in 41 provinces in December butremained in place in 35 border provinces. Violencecontinued in the mainly Muslim southern provinces.Armed groups bombed, beheaded or shot Muslim andBuddhist civilians, including monks, teachers and members of the security forces. The authoritiesarbitrarily detained people and failed to investigatehuman rights abuses. Two human rights defenderswere killed and others, particularly in the south, wereat risk of intimidation, threats and attacks. Tortureand ill-treatment continued to be reported. Almost900 people remained under sentence of death. Noexecutions were known to have taken place. Migrantworkers were not able to exercise their basic labourrights. Hmong asylum-seekers were forcibly returnedby the authorities to Laos.

BackgroundMass demonstrations in Bangkok protesting against thegovernment of Prime Minister Thaksin Shinawatra beganin February, and continued for several months. Protesterscondemned alleged widespread financial irregularities


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during his administration. Thaksin Shinawatra called forApril elections, which were won by his Thai Rak Thai partyand boycotted by the major opposition parties. Theresults were nullified in May by the Constitutional Courtand new elections were scheduled to take place inNovember. In September Thaksin Shinawatra wasdeposed while abroad by the military-led Council forDemocratic Reform (CDR), led by Army Commander-in-Chief Sondhi Boonyaratkalin, in a bloodless coup. The1997 Constitution was abrogated and an interim one,providing for the drafting of a new constitution, areferendum and elections, was promulgated in October.Four officials of the deposed government were brieflydetained in the aftermath of the coup.

In October the CDR appointed General SurayudChulanont as Interim Prime Minister and renamed itselfthe Council for National Security, retaining keydecision-making powers over governmentappointments, including the National LegislativeAssembly (the interim legislature) and in theconstitution drafting process.

In December co-ordinated bomb attacks in Bangkokresulted in the deaths of three people and injuries of 40others. No one claimed responsibility.

Legal developmentsArticle 3 of the Interim Constitution provides that“human dignity, rights, liberties, and equality… as wellas Thailand’s existing international obligations” shallbe protected, but does not specify which rights and howthey would be protected. The CDR Announcement 10placed restrictions on the media; some 300 communityradio stations were closed and some Internet sitesblocked. Announcement 15 prohibited political partiesfrom meeting or conducting other political activities.Announcement 7 banned political gatherings of morethan five people. In November the governmentannounced it would lift the ban but it is not clear if thiswas officially revoked. The security forces did not takeany action against demonstrators.

The Emergency Decree, promulgated by the cabinetin July 2005, remained in force in the three mainlyMuslim southern provinces. Its provisions includeddetention without charge or trial for up to 30 days,other forms of administrative detention, and the use ofunofficial detention centres.

Conflict in the southSome 1900 people were killed in the last three years inongoing violence in the Songkla, Pattani, Yala andNarathiwat Provinces in the south. Drive-by shootings,bombings, and beheadings by armed groups continuedthroughout the year on an almost daily basis. Thearmed groups responsible did not identify themselves.The new government announced a major policy shifttowards solving the crisis peacefully. However,violence by insurgents continued.

In January the discovery of the bodies of 300unidentified people in unmarked graves wasannounced amid allegations that some might be victimsof enforced disappearances. According to preliminaryforensic statements some had not died of natural

causes. Forensic identification of the bodies had notbeen completed by the end of the year.

In June the National Reconciliation Commission,appointed by the Thaksin Shinawatra government in2005 to help resolve the crisis in the south, submittedits final report. Recommendations included makingthe local Bahasa dialect, spoken by Muslims, aworking language.

Under provisions of the Emergency Decree, scores ofpeople were detained for 30 days without charge ortrial at the Yala Police Training School and in militarycamps, denied access to lawyers, and some weretortured or otherwise ill-treated during interrogation.In November the authorities announced that theywould stop using a “blacklist”, which had been used as the basis to arrest people or coerce them toattend residential camps at military facilities forbetween one and four weeks, in what amounted toarbitrary detention.

In October the government re-established theSouthern Border Provinces Administrative Centre,abolished by Thaksin Shinawatra in 2002, to co-ordinategovernment efforts to quell the violence in the south.

In early November the new Prime Minister, GeneralSurayud Chulanont, publicly apologized for the deathsof 85 Muslims caused by the security forces during theOctober 2004 demonstrations at Tak Bai police stationin Narathiwat Province, in the south of the country.However, no security personnel were brought to justicein connection with the deaths. The Attorney Generalannounced that cases would be dropped against 58protesters charged with illegal gathering and publicdisturbance following the demonstrations, and a courtruled that compensation would be provided to thefamilies of the 78 protesters who were crushed to deathwhile being transported in army trucks from thedemonstrations. However, they signed an agreementthat they would not pursue any other legal forms ofredress. A further court case for compensation broughtby the families of the other seven victims was pendingat the end of the year.b In October, Muhammad Dunai Tanyeeno, aNarathiwat village leader, who was helping the 2004Tak Bai victims (see above) seek access to justice, wasshot dead after attempting to bring some of the victimsto meet the Fourth Army commander.

Abuses by armed groupsIn September, five people were killed in a series of bombexplosions in Hat Yai, Songkla Province, by insurgents.In October insurgents beheaded a Burmese migrantworker in Pattani Province and in December they shotdead two teachers and then burned their bodies.

In November, after two local villagers were killedand houses were burned, reportedly by insurgents,over 200 mostly Buddhist civilians from Bannag Sataand Than Tho Districts, Yala Province, sought refugein a Buddhist temple. Also in November someBuddhist monks in Narathiwat Province suspendedtheir alms rounds in villages because of fear ofattacks. Schools in many southern districts wereclosed for security reasons.


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Torture and ill-treatmentIn December Charnchai Promthongchai died in custodyin Mae Hong Son Province after having reportedly beenbeaten to death by soldiers.

ImpunitySection 17 of the Emergency Decree provides immunityfrom criminal and civil liability, as well as fromdisciplinary measures, for officials acting under thedecree. No one was brought to justice for excessive useof force and possible extrajudicial executions whensecurity forces opened fire on armed Muslim groups inApril 2004, killing over 100 people. The shootings werein retaliation for an attack by the armed groups ongovernment facilities, in which five members of thesecurity forces were killed. Article 37 of the InterimConstitution provides for legal immunity for the CDRleaders and those ordered by them to “mete outpunishment and other administrative acts”.

In January a police officer was found guilty ofcoercing Somchai Neelapaijit, a Muslim human rightslawyer, into his car in March 2004 in Bangkok. SomchaiNeelapaijit has not been seen or heard of since. Thepolice officer was sentenced to three years’imprisonment; however, he was released on bail andreturned to his job.

The enforced disappearances of more than 20 peoplesince the escalation of violence in the south were notproperly investigated by the police. The JusticeMinistry announced in November that it wouldinvestigate some of the killings of over 2,500 peopleduring the 2003 “drugs war” and call on families of thevictims to file cases.

Refugees and migrantsIn November, 53 Hmong asylum-seekers were forciblyreturned to Laos from Nong Khai Province. Some 7,000Lao Hmong asylum-seekers remained in a camp inPhetchabun Province in poor conditions. Around 400,including children, were detained in several detentionfacilities also in poor conditions.

Camps on the Thai-Myanmar border housed some150,000 refugees. Since 2004 over 24,000 Burmeserefugees were resettled in third countries. Some740,000 Burmese migrant workers renewed theirregistration permits with the government, but tens ofthousands of others worked illegally.

AI country reports/visitsReport• Thailand: “If you want peace, work for justice” (AI

Index: ASA 39/001/2006)VisitsAI delegates visited Thailand in July and December.

TIMOR-LESTEDEMOCRATIC REPUBLIC OF TIMOR-LESTEHead of state: Kay Rala Xanana GusmãoHead of government: José Manuel Ramos-Horta(replaced Mari Bim Amude Alkatiri in July)Death penalty: abolitionist for all crimesInternational Criminal Court: ratified

Violence erupted in April and May after around 600soldiers were dismissed from the army. Up to 38people died and around 150,000 people weredisplaced as they fled the fighting. The judiciaryand the police remained weak institutions.Impunity continued for human rights violationscommitted in connection with the independencereferendum in 1999.

BackgroundThe UN Office in Timor-Leste had its one-year missionextended from May to August after the violence in April and May. It was replaced by the UN IntegratedMission in Timor-Leste, mandated to foster stabilityand support national elections in 2007, which included up to 1,608 police personnel within a civilianpeacekeeping component.

A new Code of Penal Procedure entered into force inJanuary which reinforced guarantees of suspects’ rights.

Violence, killings and displacementIn March, around 600 soldiers, more than a third of thearmed forces, were dismissed after protesting overdiscrimination and poor conditions of work. Violentconfrontations between the sacked soldiers and theirsupporters, the armed forces and the police broke outthroughout April and May in the capital, Dili. Anestimated 38 people were killed and some 150,000people displaced. In May an internationalpeacekeeping force composed of troops fromAustralia, Malaysia, New Zealand and Portugal wasdeployed.

In October an independent UN Commission ofSpecial Inquiry found the violence was “the expressionof deep-rooted problems inherent in fragile stateinstitutions and a weak rule of law.” It recommendedthe prosecution of several people, including two formerministers for unlawful use and movement of weapons,and key rebel leaders, and further investigation intoformer Prime Minister Mari Alkatiri’s alleged role in theillegal arming of civilians.

The government agreed a programme to rebuild thenational police force, which disintegrated in Dili in May.Rigorous screening of all existing Dili-based policepersonnel, as a prerequisite for returning to work,began in September.

Sporadic violence continued throughout 2006,including the burning and stoning of houses. Violence byunidentified groups was reported around camps for theinternally displaced. Fighting between gangs resulted in


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several deaths. At the end of the year, many of thedisplaced were still living in temporary shelters.

Freedom of expression and assemblyThe Law of Assembly and Demonstration, which wasadopted in January, contained provisions that couldrestrict rights of assembly and peaceful demonstration.

A new Criminal Code, planned to enter into force inJanuary, was withdrawn for revision followingwidespread criticism of provisions restricting freedomof expression. It provided for up to three years’imprisonment for defamation of a public figure.

Past human rights violationsBoth the Timorese and Indonesian governmentsresisted further initiatives to bring to justice allperpetrators of serious crimes in Timor-Leste in 1999.The government failed to consider the report of thenational Commission on Reception, Truth andReconciliation, which the President presented toParliament in November 2005.

The Truth and Friendship Commission, establishedjointly by Indonesia and Timor-Leste to document the crimes committed in 1999 and to promotereconciliation, started work. Its mandated ability torecommend amnesty for perpetrators of gross humanrights violations had been widely criticized.

In July the UN Secretary-General presented a newreport on justice and reconciliation for Timor-Leste.The report was prepared in response to the UN SecurityCouncil’s request to the UN Secretary-General toreview the earlier Commission of Experts’ report with“a practically feasible approach” which would take intoaccount the views of the governments of Timor-Lesteand Indonesia. It recommended a new UN programmeof assistance to include the establishment of anexperienced team to complete outstandinginvestigations into serious crimes committed in 1999and the strengthening of the national justice system’scapacity to prosecute the perpetrators.

TOGOTOGOLESE REPUBLIC Head of state : Faure GnassingbéHead of government : Yawovi Agboyibo (replaced EdemKodjo in September)Death penalty : abolitionist in practiceInternational Criminal Court : ratified

Despite national and international pressure,impunity persisted, particularly in relation to acts ofpolitical violence committed during the 2005presidential election. Supporters of the oppositioncontinued to be detained without trial. There werereports of torture and ill-treatment of detainees incustody.

BackgroundIn April, the Togolese National Dialogue between thegovernment and opposition parties resumed. It had beeninterrupted following the death of President GnassingbéEyadéma in 2005. In August, 12 years of political deadlockended with an agreement to create a national unitygovernment to organize parliamentary elections in 2007.The parties agreed to loosen the eligibility conditions forpresidential candidates, to revise electoral rolls and toensure equitable access to the media during campaigns.They also agreed on the need to end impunity andpolitical violence, to establish a commission toinvestigate politically motivated violence, and to endinterference by army and security forces in the politicaldialogue.

In July, for the first time since being refused entry in1999, an AI delegation visited Togo.

In September, President Faure Gnassingbé appointedas Prime Minister Yawovi Agboyibo, leader of the ActionCommittee for Renewal (Comité d’Action pour leRenouveau, CAR), an opposition party. The Union ofForces for Change (Union des Forces de Changement,UFC) refused to participate in the new government.

UN Committee against TortureIn May, the UN Committee against Torture expressedconcern about widespread allegations of tortureincluding rape, enforced disappearances, arbitraryarrests and secret detentions, in particular followingthe April 2005 presidential election. It noted that theperpetrators of such acts appeared to benefit from totalimpunity. The Committee welcomed a number ofpositive steps, including a 1998 law prohibiting femalegenital mutilation and the commitment to modernizethe judiciary. The Committee urged Togo to preventtorture or ill-treatment on its territory, specifying thatmilitary personnel should not be involved in the arrestor detention of civilians, and to eliminate impunity.

Detention without trialA number of people detained in 2005 continued to beheld without trial in Lomé Central Prison, including


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suspected critics of the government. Most werereportedly tortured or ill-treated during the first fewdays of detention.b Gérard Akoumey, a member of the UFC, wasarrested in September 2005 and accused of a bombattack on a post office. However, witnesses did notrecognize him and he told the judge that he had beentortured. No action was taken to investigate hisallegation of torture. He was charged with being amember of a criminal group.b Kossi Azonledji, a Togolese refugee living in Ghanaand a UFC activist, was arrested at his workplace in Ghanain September 2005 by Ghanaian police and handed overto Togolese security forces. He was held for a month in anunknown location, accused of a bomb attack against apost office, detained for two days in Lomé Gendarmerie,then transferred to Lomé Central prison.

Torture, death in custodyThere were numerous reports of torture and ill-treatment of detainees.b The family of Yaya Moussa, a salesman who died inpolice custody after being arrested on 7 May, filed acomplaint against the authorities. A relative said thathe had been beaten at the time of his arrest. Membersof his family were not allowed to visit him and onlylearned of his death five days later, when told that hisbody was in the morgue.

ImpunityDespite official commitments to end impunity, noprogress was reported in holding anyone to account forpast human rights abuses. These included an assault onjournalist and human rights defender Dimas Dzikodo,who lodged a complaint after being attacked byunidentified men on his way home from work inOctober 2005. In March, then Prime Minister EdemKodjo announced that he had instructed the police andjudicial authorities to drop any charges against thoseallegedly responsible for offences directly linked to theelection, with the exception of those suspected ofmurder. Nevertheless, a number of victims of humanrights violations committed during the 2005presidential election lodged complaints.

Death penaltyIn February, the Assize Court of Kara upheld the deathsentences on two individuals tried in absentia for offencesincluding murder. No executions were reported. In July,Prime Minister Edem Kodjo told an AI delegation that hewas personally opposed to the death penalty, and theMinister of Human Rights said that the government shouldintroduce a bill abolishing the death penalty.

AI country reports/visitsReport• Togo: One year on from the April 2005 bloodshed,

there is still complete impunity (AI Index: AFR57/001/2006)

VisitIn July, AI delegates conducted research in Togo andmet government officials.

TRINIDAD ANDTOBAGOREPUBLIC OF TRINIDAD AND TOBAGOHead of state: George Maxwell RichardsHead of government: Patrick ManningDeath penalty: retentionistInternational Criminal Court: ratified

Impunity continued in cases of alleged killings bypolice. There were further reports of abuses by thepolice. Death sentences continued to be imposed.

BackgroundThe level of violent crime remained high, with 368murders registered during the year. The conviction ratefor murders, including alleged killings by state agents,remained low. The Director of Public Prosecutions andthe country’s chief magistrate both admitted thatintimidation of witnesses was having a severe negativeimpact on criminal judicial proceedings. In Novemberthe Law Association of Trinidad and Tobago expressedits alarm at what it described as the virtual collapse ofthe criminal justice system, and called for a newwitness protection programme and improved forensicinvestigations.

Unlawful state killings and impunityThere were further reports of unlawful killings by stateagents, and a pattern of impunity continued for suchkillings. In March, Dave Burnett, a police constable, wasconvicted for the January 2004 murder of Kevin Cato,the first time since the country’s independence in 1962that a police officer had been convicted of a murdercommitted while on duty. Despite this, there wasreportedly little progress in the investigations into 37other cases of alleged killings by state agentscommitted since September 2003, and intimidation ofwitnesses was widely reported.b In November, Kevon Sween was shot dead bypolice officers who were looking for the perpetrators ofa murder committed earlier that day. Police claimedthey were fired upon first, but eyewitnesses reportedlyclaimed that the victim was unarmed and had offered tosurrender.b In July, two prison officers were acquitted of theJune 2001 murder of Anton Cooper, a detainee in theGolden Grove remand prison. A postmortem certificatehad stated that his death was caused by “asphyxiaassociated with multiple blunt traumatic injuries.”

Abuses by the security forcesThere were continued reports of torture and ill-treatment by members of the security forces.b In August, Rabindranath Choon, a Hindu cleric’sassistant, was reportedly abducted by four policeofficers, seriously beaten and robbed as he cycled


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home from a prayer meeting. He was held for severalhours and released without charge. The police officerswere charged and released on bail awaiting trial.b In November, nine inmates in Golden Grove prisonin the town of Arouca were reportedly shot with rubberbullets by members of the police anti-crime squad whohad responded to reports of a prisoner firing a weaponin the remand section. One prisoner reportedly lost hiseye in the incident and scores of others were allegedlybeaten by members of the police anti-crime squad.Prisoners on remand at the prison had rioted in Augustin protest at alleged ill-treatment by prison guards,poor prison conditions and delays in judicialproceedings.

Death penaltyAt at least two new death sentences were passed.

AI country reports/visitsReports• Trinidad and Tobago: End police immunity for

unlawful killings and deaths in custody (AI Index:AMR 49/001/2006)

• Trinidad and Tobago: Death sentence for policeofficer convicted of murder (AI Index: AMR49/002/2006)

TUNISIAREPUBLIC OF TUNISIAHead of state: Zine El ’Abidine Ben ‘AliHead of government: Mohamed GhannouchiDeath penalty: abolitionist in practiceInternational Criminal Court: not ratified

Freedom of expression and association remainedseverely restricted. At least 12 people weresentenced to lengthy prison terms following unfairtrials on terrorism-related charges, while around 50others were still on trial at the end of the year.Torture and ill-treatment continued to be reported.Hundreds of political prisoners sentenced afterunfair trials in previous years, including prisoners ofconscience, remained in prison. Many had been heldfor more than a decade and were reported to be inpoor health.

BackgroundTunisia’s election in May to the newly created UNHuman Rights Council drew widespread criticism fromhuman rights groups in view of the government’s severerestrictions on fundamental freedoms.

In November, a group of members of parliamentcalled on President Ben ‘Ali to stand for re-election in2009, by which time he will have been in power for 22years. A referendum in 2002 revised the TunisianConstitution to allow the President an unlimitednumber of successive five-year terms.

Some 135 political prisoners were releasedconditionally, 81 of them in February and the rest inNovember, following presidential amnesties. Most hadbeen imprisoned for over 14 years because of theirmembership of the banned Islamist organization,Ennahda (Renaissance), after unfair trials before theBouchoucha and Bab Saadoun military courts in 1992.Approximately 100 other members of Ennahdaremained imprisoned, some reportedly in poor healthas a result of harsh prison conditions and torture inpre-trial detention many years before. Some were inurgent need of medical treatment.

In June, the European Parliament adopted aresolution calling for the convening of a EuropeanUnion-Tunisia Association Council meeting to discusshuman rights in Tunisia after the governmentcontinued to prevent the Tunisian Human RightsLeague (Ligue tunisienne pour la défense des droits del’homme, LTDH), a non-governmental organization,from holding its national congress. The European Union(EU) criticized the Tunisian government further inOctober after it cancelled an international conferenceon the right to work in the Euro-Mediterranean Region shortly before it was due to be held in Tunis in September.

In December, shoot-outs in the south of Tunisbetween the police and alleged members of the SalafistGroup for Preaching and Combat (Groupe Salafistepour la Prédication et le Combat, GSPC), a groupallegedly linked to al-Qa’ida, left dozens dead andmany others injured, including police officers.

Abuses in the ‘war on terror’The request of the UN Special Rapporteur on thepromotion and protection of human rights whilecountering terrorism to visit Tunisia to assess thegovernment’s human rights record in the “war onterror” remained unanswered. The authoritiescontinued to use the controversial 2003 anti-terrorismlaw to arrest, detain and try alleged terrorist suspects.Those convicted were sentenced to long prison terms.The anti-terrorism law and provisions of the MilitaryJustice Code were also used against Tunisian nationalswho were returned to Tunisia against their will byauthorities in other countries, including Bosnia andHerzegovina, Bulgaria and Italy. While in the custody ofthe Tunisian authorities, many were charged with linksto terrorist organizations operating outside thecountry. Some were referred to the military justicesystem. Access by defence lawyers to their clients wasincreasingly curtailed in terrorism-related cases.

In June and July scores of alleged terrorist suspects,including alleged members of the GSPC, were arrestedand held incommunicado for up to several weeks andreportedly tortured, before being referred to TunisCriminal Court for trial. They were still detained


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without trial at the end of the year. Many weretransferred to remote prisons, hundreds of kilometresfrom their families.b Hicham Saadi, who was released in Februaryfollowing a presidential pardon after being sentencedto 12 years’ imprisonment on terrorism-related charges in 2004, was rearrested in June and heldincommunicado for 25 days and reportedly tortured. Hewas charged with belonging to the GSPC. In October, hejumped from a window in a failed attempt to escapewhen he was brought before the examining magistratein Tunis. He remained in detention awaiting trial at theend of the year.b In September, Badreddine Ferchichi, also known asAbu Malek, was returned to Tunisia from Bosnia andHerzegovina, after the authorities there rejected hisapplication for asylum. He was detained for severaldays, during which he was allegedly assaulted, beforebeing taken before a military judge on 6 September andcharged, under the Military Justice Code, with “serving,in time of peace, in a foreign army or terroristorganization operating abroad.” He had fought as avolunteer for Bosnian Muslim forces during the 1992-95war in the former Yugoslavia. At the end of the year hewas awaiting trial before a military court. If convicted,he could face up to 10 years’ imprisonment.b Six members of the so-called Zarzis group werereleased in February. Abdelghaffar Guiza, OmarChlendi, Hamza Mahroug, Ridha Ben Hajj Ibrahim, OmarRached and Aymen Mcharek, all originally from thetown of Zarzis in the south of Tunisia, were arrested in2003 and imprisoned on terrorism-related charges inApril 2004 after an unfair trial before a criminal court inTunis. Confessions allegedly extracted under torturewhile they were held incommunicado in pre-trialdetention were used as principal evidence againstthem.

Freedom of expressionFreedom of expression remained severely curtailed. Atleast two journalists critical of the government weredismissed by the directors of their newspapers whileothers continued to work but faced governmentpressure and judicial proceedings in an attempt tointimidate them.b In April, the Union of Tunisian Journalists (Syndicatdes journalistes tunisiens) was prevented from holdinga meeting of its executive board, and its memberscontinued to face police harassment and intimidation.Its president, Lotfi Hajji, was briefly detained on at leastthree separate occasions during the year.b The authorities stepped up harassment of womenwearing the hijab (Islamic headscarf). This followedstatements by the Ministers of Foreign Affairs and theInterior and the Secretary-General of the rulingpolitical party, the Constitutional Democratic Rally(Rassemblement constitutionnel démocratique),against the rise in the use of the hijab by women andgirls, and beards and the qamis (knee-length shirts) bymen. They called for a strict implementation of decree108 of 1985 of the Ministry of Education banningwomen from wearing the hijab at educational

institutions and when working in governmentdepartments. Some women were reportedly orderedto remove their hijabs before being allowed intoschools, universities or workplaces and others wereforced to remove them in the street. Some womenwere reportedly taken to police stations and forced tosign statements in which they committed themselvesto stop wearing the hijab.

Human rights activists and organizationsHuman rights defenders continued to face harassmentand sometimes physical violence. Many, along withtheir families and friends, were subjected tosurveillance by the authorities and their activities wereseverely restricted. Several non-governmental humanrights organizations continued to be denied legalrecognition.b The LTDH continued to be prevented from holding its sixth national congress and access to itsheadquarters in Tunis was barred to all exceptmembers of its executive board. Its regional offices alsocontinued to be closed to the public as well as to itselected members. The court case against the executiveboard was again postponed until January 2007. Theauthorities contacted the embassies in Tunisia of anumber of countries and apparently threatened tosever diplomatic relations should their representativescontinue to meet Tunisian human rights defenders.They specifically forbade meetings with members of theLTDH on account of the ongoing legal proceedingsagainst it. Nevertheless, staff of several embassiesvisited the LTDH headquarters in solidarity.b In October and November, state security officialsimposed tight surveillance around the office of theNational Council for Liberties in Tunisia (Conseilnational pour les libertés en Tunisie, CNLT), a non-governmental organization denied legal registration,effectively preventing access by prisoners’ families andformer political prisoners. Some who did visit werereportedly arrested when they left, taken to policestations and made to commit in writing that they wouldnot visit the CNLT office again.b In May, Yves Steiner, a member of the ExecutiveCommittee of AI Switzerland, was forcibly removed bypolice officers from a hotel in the town of Sidi Bou Saïdwhere the annual meeting of AI Tunisia was being held,taken to the airport and expelled from Tunisia. He wasroughly treated by officials while being transferred tothe airport and his mobile phone was confiscated. Theday before, he had criticized human rights violations in Tunisia, including restrictions on freedom ofexpression and association, in a speech to members of AI Tunisia.b Hichem Osman, then chair of AI Tunisia, wasarrested in May at the university where he worked,detained for six hours and questioned about events atthe AI Tunisia annual meeting. He was told by thepolice that the meeting had failed to abide by thestatute of AI Tunisia by offering a platform for criticismof the Tunisian government and President. He wasofficially notified that the section would be dissolvedshould this reoccur.


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Independence of the judiciaryIn October, the outgoing head of the EuropeanCommission delegation in Tunis publicly criticized theslow pace of political reform and called for bettertraining for judges and lawyers to consolidate theindependence of the judiciary.

In May, lawyers organized a number of sit-ins toprotest against a new law creating the Higher Institutefor Lawyers. They protested that the law was beingadopted by the Tunisian Parliament without taking intoaccount the outcome of consultation with the Lawyers’Association, as envisaged in an EU-Tunisia conventionon financing the reform of the justice system. TheInstitute, which would be under the supervision of the Ministries of Justice and Higher Education, would be responsible for training future lawyers, a task so far entrusted to the Lawyers’ Association andthe Association of Tunisian Judges (Association desmagistrats tunisiens, AMT). Lawyers opposed the law on the grounds that it undermined judicialindependence. Many lawyers were physically assaultedby police during the sit-ins.b Wassila Kaabi, a judge and member of theexecutive board of the AMT, was prevented fromtravelling to Hungary in September to participate in ameeting of the International Union of Judges. UnderTunisian law, judges require the permission of theSecretary of State for Justice to leave the country.

Prisoners of conscienceCritics and opponents of the government continued tobe at risk of imprisonment, harassment and intimidationbecause of the peaceful expression of their views.b Prisoner of conscience Mohammed Abbou went onseveral hunger strikes to protest against his continueddetention and ill-treatment by the authorities at theprison in El-Kef. His wife and children were harassedand intimidated several times by police who werestationed continuously outside their home in Tunis. InNovember, Mohammed Abbou was taken to El-Kefhospital for tests on his kidneys. In December, his wifeSamia, along with Samir Ben Amor, a lawyer, MoncefMarzouki, an opposition leader, and Slim Boukhdir, ajournalist, attempted to visit him in prison. They werestopped by police nine times while driving from Tunisto El-Kef, ostensibly to check their identities and thecar’s registration documents. Later, when they left arestaurant in El-Kef, they were attacked by about 50unidentified men, women and youths who insulted,pushed, punched and spat at them. The four managedto escape the attackers and return to their car. Whenthey arrived at the prison entrance, others appearedwho attacked them, preventing them from reaching theprison. Both attacks were carried out in the presence ofpolice officers who failed to take any action to protectthem or to apprehend the attackers.

AI country reports/visitsVisitAI delegates visited Tunisia in July and met humanrights defenders, government officials andrepresentatives of EU governments.

TURKEYREPUBLIC OF TURKEYHead of state: Ahmet Necdet SezerHead of government: Recep Tayyip Erdo¬anDeath penalty: abolitionist for all crimesInternational Criminal Court: not ratified

After the introduction of new legislation in previousyears, there was little evidence of progress in theimplementation of reforms. There were continuedprosecutions of people expressing their peacefullyheld opinions. Human rights further deteriorated inthe eastern and south-eastern provinces in the contextof an increase in fighting between the security forcesand the armed Kurdistan Workers’ Party (PKK); therewas an increase in attacks on civilians in other areasby armed groups. There were reports of excessive useof force against demonstrators by law enforcementofficers during violent protests in the city of Diyarbak¹rin the south-east of the country. In spite of a generaldecrease in allegations of torture or ill-treatment,there were reports that such abuses were widespreadin police custody against those detained during theprotests. There were continued concerns about unfairtrials and conditions in “F-type” prisons. Little progresswas made in creating shelters for women victims ofviolence.

BackgroundIn December the European Union (EU) partially frozeTurkey’s membership negotiations because of itsrefusal to open its ports and airports for trade with theRepublic of Cyprus on the grounds of the EU’scontinuing embargo of the internationallyunrecognized Turkish Republic of Northern Cyprus.

In June, Parliament revised the Law to FightTerrorism, greatly widening the scope and number ofcrimes punishable as terrorist offences, introducingarticles liable to further restrict freedom of expression,and failing to restrict the use of lethal force by lawenforcement officials. In July the President approvedthe Law but applied to the Constitutional Court for theannulment of two articles relating to sanctions againstthe press. In September the Ombudsman Law waspassed by Parliament after amendments. During theyear, Turkey ratified both the (first) Optional Protocolto the International Covenant on Civil and PoliticalRights (ICCPR) and the Second Optional Protocol to theICCPR, aiming at the abolition of the death penalty.

Official human rights mechanisms, such as theprovincial human rights boards under the control of theHuman Rights Presidency attached to the PrimeMinister’s Office, did not function consistently andfailed to address grave violations.

Freedom of expressionLaws containing fundamental restrictions on freedomof expression remained in force, resulting in the


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prosecution, and sometimes conviction, of groups suchas journalists, writers, publishers, academics, humanrights defenders and students for the peacefulexpression of their beliefs.

Many prosecutions were brought under Article 301 of the Turkish Penal Code (TPC) which criminalizesdenigration of “Turkishness”, the Republic and theinstitutions of the state. Most of these cases, such asthat of Nobel Prize-winning novelist Orhan Pamuk,ended in acquittal.b In July the General Penal Board of the Court ofCassation upheld a six-month suspended sentenceagainst Hrant Dink, a journalist, who was tried afterwriting about Armenian identity in Agos newspaper.

Turkish and international human rights defenderscampaigned for the repeal of Article 301 of the TPC onthe grounds that it lacked “legal certainty of the crime”.They rejected the arguments of the Ministry of Justicethat the development of case law would signal an endto arbitrary prosecutions.

Other articles of the new TPC of 2005 also imposedrestrictions on freedom of expression.b In October Abdurrahman Dilipak, a journalist withVakit newspaper, received a sentence of just under oneyear, commuted to a fine of 10,500 liras (approximatelyUS$7,250), for insulting the President. The prosecutorhad called for his acquittal.b Birgül Özbar¹ô, a journalist for Özgür Gündemnewspaper, faced seven prosecutions for “alienating the population from military service” because of herwritings on military service and conscientiousobjection. She faced possible prison sentences totalling36 years.

Article 288 of the TPC restricting public comment on cases under judicial consideration was used in anarbitrary and overly restrictive way to hinderindependent investigation and public comment onhuman rights violations.

Officials of the pro-Kurdish Democratic Society Party(DTP) and those joining pro-Kurdish platforms facedfrequent prosecutions amounting to a pattern of judicialharassment.b The trial of 56 mayors from the DTP began inOctober. The mayors had signed a letter in December2005 to the Danish Prime Minister, arguing that theDenmark-based Kurdish television channel, Roj TV,should not be closed down. They were being prosecutedfor “knowingly and willingly supporting the PKK.”

People collecting signatures for a petitionrecognizing Abdullah Öcalan, imprisoned leader of thePKK, as a “political representative”, received varyingsentences, with students receiving the harshestpunishments.

Killings in disputed circumstancesThere were continuing reports of fatal shootings ofcivilians by members of the security forces. The usualexplanation for these killings was that the victims hadfailed to obey a warning to stop, but such killings oftendemonstrated disproportionate use of force and insome cases may have amounted to extrajudicialexecutions. There were concerns about Article 16 in the

revised Law to Fight Terrorism which failed to beexplicit that lethal force could only be used whenstrictly unavoidable to protect life. There were fearsthat Article 16, which permitted the “direct andunhesitating” use of firearms to “render the dangerineffective”, could further hinder thorough andimpartial investigations into shootings by members ofthe security forces.

Members of the security forces continued to useexcessive force during the policing of demonstrations.Demonstrations in March in Diyarbak¹r, to mark thefuneral ceremony of four PKK members, escalated intoviolent protests. Ten people, including four minors,were killed, eight of them from gunshot wounds. Manydemonstrators and police officers were injured.Investigations into the killings were continuing at theend of the year. The demonstrations spread toneighbouring cities; two demonstrators were shot deadin the town of K¹z¹ltepe, a stray bullet killed a boy agedthree in the city of Batman, and in Istanbul threewomen died when a bus crashed after being set on fireby demonstrators.

In September a bombing in a park in Diyarbak¹rresulted in 10 deaths. The perpetrators were unknown.

Attacks by armed groupsBomb attacks targeting civilians increased. An armedgroup, the Kurdistan Freedom Falcons, claimedresponsibility for bomb attacks including in Istanbul,Manavgat, Marmaris and Antalya, in which nine peopledied and scores were injured. In March, in the city ofVan in the east of the country, a bomb exploded next toa minibus, leaving two civilians and the bomber, a PKKmember, dead.

The PKK announced a unilateral ceasefire with effectfrom 1 October, and there was a subsequent decrease inarmed clashes.

In May, an armed attack on judges at the Council ofState (the higher administrative court) resulted in thedeath of a judge, Mustafa Yücel Özbilgin, and thewounding of four other judges. The trial of the gunmanand of eight others for the attack and for three bombattacks on the premises of the newspaper, Cumhuriyet,began in August in Ankara.

In February, former PKK executive Kani Y¹lmaz, oneof the founders of the Patriotic Democratic Party ofKurdistan (PWD), and PWD member Sabri Tori wereassassinated in a car bomb attack in Suleymanieh,northern Iraq, continuing a pattern of assassinationsallegedly carried out by the PKK against the PWD.

TortureThere were continued reports of torture and ill-treatment by law enforcement officials, although fewerthan in previous years. Detainees alleged that they hadbeen beaten, threatened with death, deprived of food,water and sleep during detention. Some of the tortureand ill-treatment took place in unofficial places ofdetention.b In October, Erdal Bozkurt reported that he wasabducted in Alibeyköy in Istanbul by men identifyingthemselves as police officers, put into a car, blindfolded


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and handcuffed, beaten and threatened with death,and taken to a place where he was tortured andinterrogated for a whole day about his and otherpeople’s involvement in a local group which had beenprotesting against drug dealers and social problems intheir neighbourhood. He was released the followingday.

There were widespread allegations by adults andminors of torture and ill-treatment during the massdetentions in the course of riots in Diyarbak¹r inMarch.b Two 14-year-old boys reported that they were heldfor around nine hours at the Çarô¹ police station,stripped naked, made to pour cold water over eachother, were threatened with rape, made to lie on aconcrete floor, and were forced to kneel down withtheir hands tied behind their backs while beingrepeatedly beaten with fists and truncheons and kickedby police officers. Medical reports showed signs of theirill-treatment. They were later transferred to theChildren’s Department of the Police in another district.

ImpunityInvestigations into violations by members of thesecurity forces continued to be deeply flawed and therewas a general unwillingness among elements of thejudiciary to bring those responsible to justice.b In February, a decision was made not to pursue aninvestigation into the alleged torture of five maleteenagers in October 2005 in the town of Ordu.b Two gendarmerie intelligence officers and aninformer received prison sentences of over 39 years forthe bombing of a bookshop in the town of ¤¤¤emdinli inNovember 2005, in which one man died. The court’sverdict stated that the men could not have actedwithout the involvement of their seniors. Pendingappeal at the end of the year, the case exposed theserious obstacles to bringing to justice senior membersof the security forces suspected of committingviolations.

Interference in justice systemThe ¤emdinli bombing trial (see above) proceeded afteran investigation into the bombing which appeared tohave been mired by political interference by membersof the government and senior military personnel. ThePublic Prosecutor’s indictment was made public inMarch, and implicated the head of the army’s land forcesand other senior local military personnel in Hakkariprovince. The Public Prosecutor requested a separateinvestigation by the military prosecutor to establishwhether the bombing was part of a wider conspiracy.The Ministry of Justice investigated the PublicProsecutor for possible misconduct and in April theHigher Council of Judges and Prosecutors dismissed himfrom office. An appeal by the Public Prosecutor wasunsuccessful.

Fair trial concernsThose charged under anti-terrorism legislationcontinued to face lengthy and unfair trials in the specialHeavy Penal Courts which replaced the State Security

Courts abolished in 2004. Prosecutors relied onevidence based on statements allegedly extractedunder torture. Retrials, following judgements by theEuropean Court of Human Rights that trials were unfair,were not impartial and did not re-examine evidence.Proceedings were excessively prolonged, andprovisions limiting pre-trial detention had not yetbecome law and did not adequately address the need tocomplete a trial within a reasonable time.

Prison conditionsPrisoners continued to report ill-treatment, arbitraryand harsh disciplinary punishments and solitaryconfinement or small-group isolation in “F-type”prisons. In September the European Committee for thePrevention of Torture (CPT) issued a report relating toits December 2005 visit to places of detention in Turkey,calling for a significant increase in the amount of timeallowed for prisoners to associate with each other andcommenting on the “very harmful consequences” of anisolation-type regime which could lead to “inhumanand degrading treatment”. The CPT also reiterated thecall it made in 2004 for a full-scale review of prisonhealth care services.

Conscientious objectorsConscientious objection was not recognized and nocivilian alternative was available.b In a retrial in October, Sivas Military Courtsentenced Mehmet Tarhan to two years and onemonth’s imprisonment on two charges ofinsubordination following his refusal on two occasions to perform military service.

Violence against womenThere was little progress in implementing the provisionin the 2004 Law on Municipalities, which stipulated theneed for shelters for women victims of domesticviolence in towns with a population of more than50,000. Women’s organizations called for additionalfunds from the government to implement the law. Acircular from the Prime Minister in July, outliningmeasures to combat violence against women andchildren, and to prevent so-called “honour killings”,represented a step towards acknowledging anentrenched and endemic problem. In December,Parliament passed revisions to the Law on theProtection of the Family, widening its scope.

AI country reports/visitsReports• Europe: Partners in crime – Europe’s role in US

renditions (AI Index: EUR 01/008/2006)• Turkey: Article 301 – How the law on “denigrating

Turkishness” is an insult to free expression (AI Index:EUR 44/003/2006)

• Turkey: No impunity for state officials who violatehuman rights – Briefing on the ¤emdinli bombing investigation and trial (AI Index: EUR 44/006/2006)

• Turkey: Briefing on the wide-ranging, arbitrary andrestrictive draft revisions to the Law to FightTerrorism (AI Index: EUR 44/009/2006)


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• Turkey: Justice delayed and denied – The persistenceof protracted and unfair trials for those chargedunder anti-terrorism legislation (AI Index: EUR44/013/2006)

VisitsAI delegates visited Turkey in March, April, May andOctober.

TURKMENISTANTURKMENISTANHead of state and government: KurbangulyBerdymukhammedov (replaced Saparmurad Niyazov inDecember)Death penalty: abolitionist for all crimesInternational Criminal Court: not ratified

Despite improvements in a small number ofindividual cases, human rights violations continuedon a large scale. The targeting of human rightsdefenders intensified. The authorities failed to opena prompt, thorough or impartial investigation intothe death in custody of a human rights defender whodied in suspicious circumstances. Measures tosilence dissent included harassment, restrictions ofthe freedom of movement, arbitrary detention,torture or other ill-treatment and the targeting ofrelatives. Dozens of those imprisoned in connectionwith an alleged assassination attempt on PresidentSaparmurad Niyazov in 2002 continued to be heldincommunicado.

Political backgroundPresident Saparmurad Niyazov died on 21 Decemberfrom a cardiac arrest. The same day the State SecurityCouncil and Cabinet of Ministers appointed DeputyPrime Minister Kurbanguly Berdymukhammedov asacting President. President Niyazov’s constitutionallydesignated successor, the Chairman of the Mejlis(parliament), was dismissed, and criminal charges werereportedly brought against him.

On 26 December the Halk Maslahaty (People’sCouncil) approved the nomination of six people,including the acting President, as candidates inpresidential elections to be held in February 2007. All were members of the Democratic Party ofTurkmenistan, the only registered party in the country.The interim government ignored calls by exiledopposition groups to allow opposition leaders to putforward candidates.

International scrutinyThe UN Secretary-General, reporting to the UN GeneralAssembly in October, concluded that “gross andsystematic violations of human rights continued in[Turkmenistan], notwithstanding gestures by thegovernment.” He highlighted the plight of human rightsdefenders and minorities, restrictions on freedom ofexpression and religion, the use of torture, the absenceof an independent judiciary, and the limited access tohealth care and education. He called on Turkmenistanto invite the special mechanisms of the UN HumanRights Council to visit the country. Despite repeatedresolutions by the General Assembly and the UNCommission on Human Rights, Turkmenistan haspreviously failed to invite them.

In June the UN Committee on the Rights of the Childstressed the crucial role of civil society in contributingto the full implementation of Turkmenistan’sobligations under the Convention on the Rights of theChild, and recommended removing restrictions onindependent civil society organizations. It called on theauthorities to investigate allegations of torture and ill-treatment, in particular within the juvenile justicesystem, to bring the perpetrators to justice, and toensure that children enjoyed freedom of religion andaccess to information from a diversity of national andinternational sources.

Violence against womenIn May the UN Committee on the Elimination ofDiscrimination against Women raised concerns atTurkmenistan’s lack of awareness of the urgent need tostem violence against women, to pass specificlegislation, including on domestic violence, and tointroduce measures to address trafficking in women.Among other issues, it urged Turkmenistan tocriminalize domestic violence; bring to justice theperpetrators; ensure that the victims have access toappropriate redress; and ensure that shelters are setup. The Committee also recommended that thegovernment provide an enabling environment forwomen’s and human rights organizations.

Death in custodyActivists from the human rights group, theTurkmenistan Helsinki Foundation, were taken intocustody in June: Annakurban Amanklychev,Sapardurdy Khadzhiev, Elena Ovezova and OgulsaparMuradova, a journalist with the US-funded RadioLiberty, and her three adult children. Four werereleased on 1 July. Annakurban Amanklychev,Sapardurdy Khadzhiev and Ogulsapar Muradova wereconvicted of “illegal acquisition, possession or sale ofammunition or firearms” and sentenced to prisonterms of between six and seven years after an unfairtrial in August. The charges appeared to be fabricated.The defendants were reportedly ill-treated indetention, and Annakurban Amanklychev andOgulsapar Muradova given psychotropic drugs in anattempt to extract “confessions”.

In September, Ogulsapar Muradova died in custodyin suspicious circumstances. The authorities failed to


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open a prompt, thorough and impartial investigationinto her death.

Silencing dissentCivil society activists, political dissidents, members ofreligious minority groups and their relatives wereharassed, arbitrarily detained and tortured.

The Ministry of National Security summoned forquestioning virtually all those who met journalists ofthe BBC and the French media production companyGalaxie Presse who visited Turkmenistan andsubsequently criticized the government’s policies.Those questioned were barred from leavingTurkmenistan, and some put under house arrest.b Kakabay Tedzhenov, aged 70, was forcibly confinedin medical institutions, mostly in a psychiatric hospitalin Garashsyzlyk district in the eastern Lebap region,from January until October, when he was releasedfollowing international pressure. On release, hereportedly had to undertake not to make politicalstatements in the future. AI believed he was beingpunished for protesting at government policies andadopted him as a prisoner of conscience. In Februarythe Turkmenistan delegation at the Organization forSecurity and Co-operation in Europe told allparticipating states that he had never been detained orconfined in a medical institution.b Environmental activist Andrei Zatoka was detainedon 17 December by local police at the airport in hishome town of Dashoguz. He had been preparing to flyto the capital, Ashgabat, and then on to Moscow thefollowing day, to meet members of the InternationalSocial and Ecological Union and holiday with his familyin Russia. He was reportedly charged with breachingpublic order. However, there were allegations that hehad been targeted because of his peaceful work as anenvironmental activist.

The authorities continued to restrict freedom ofmovement to punish and put pressure on dissidentsand their families. Thousands of people werereportedly on a “black list” barring them from leavingthe country. They included those perceived as criticalof the authorities and their relatives, relatives ofpeople imprisoned in connection with the 2002 allegedassassination attempt on the President, and therelatives and friends of government officialsimprisoned in recent years.b On 2 May, Ovez Annaev, the brother-in-law ofKhudayberdy Orazov, leader of the oppositionmovement Watan (Fatherland) in exile, was forced byNational Security officers to leave a plane he hadboarded. They reportedly threatened to imprison him ifhe complained to international organizations orembassies. He was on his way to Russia for specialistmedical treatment for a gastric ulcer. He and his wifehad previously been barred from travel abroad andremoved from a plane before take-off, apparentlybecause of their relationship with Khudayberdy Orazov,and accused by the authorities of playing a key role inthe alleged assassination attempt.

At least one member of a religious minority groupwas reportedly deported to his country of origin as part

of the clampdown on religious freedom. Since the mid-1990s hundreds of foreign members of minorityreligious groups have reportedly been deported to theircountries of origin.b When Aleksandr Frolov, a Baptist and Russiancitizen who had lived in Turkmenistan for many years,returned from a trip to Russia via Kazakstan in March,religious literature he had on him was confiscated byTurkmenistani border guards. Shortly afterwards threeofficers of the Migration Service came to his house andconfiscated his residence permit. They reportedlyaccused him of attempting to import Christianliterature, failing to notify the Migration Service of hisexit from Turkmenistan, and holding religious servicesin his home. No charges were known to have beenbrought against him. In June he was deported to Russia,separating him from his wife, a Turkmenistani citizen,their three-year-old son and a five-month-old daughter.

Incommunicado imprisonmentDozens of prisoners sentenced following unfair trials inconnection with the 2002 alleged assassination attemptcontinued to be held incommunicado, denied all accessto families, lawyers and independent bodies includingthe International Committee of the Red Cross. Therewere allegations that many had been tortured and ill-treated following their arrests, and that some had diedas a result of torture, ill-treatment and harsh prisonconditions. The authorities failed to conduct thoroughor impartial investigations into the allegations, or torespond to inquiries by AI and other human rightsorganizations.

In October President Niyazov announced that eightprisoners serving sentences in connection with thealleged assassination attempt would be released in aforthcoming amnesty. The eight had repented, “werenot involved much and did not use arms”, he said. Noneof those prisoners known to have been convicted ofinvolvement in the alleged coup attempt was includedin the published amnesty list.




• Turkmenistan: Open letter from a coalition ofhuman rights organizations (AI Index: EUR61/010/2006)


UGA

UGANDAREPUBLIC OF UGANDAHead of state and government: Yoweri KagutaMuseveniDeath penalty: retentionistInternational Criminal Court: ratified

There was progress in peace talks in Southern Sudanbetween the government and the armed group, theLord’s Resistance Army (LRA), promising a possibleend to 20 years of conflict in northern Uganda.Elections passed off relatively peacefully. Oppositionpresidential candidate Dr Kizza Besigye was acquittedof rape but continued to face treason charges. Attackson freedom of expression and press freedomcontinued, as did reports of torture of detainees andharassment of people on account of their sexualorientation. Violence against women was widespread.Military courts continued to impose death sentences.

BackgroundA law enacted in May required non-governmentalorganizations to reregister annually. A Boardcomprised overwhelmingly of governmentrepresentatives was set up to approve registrations.

Parliamentary and presidential elections took placein February, the first multi-party elections for 26 years.They were monitored by more than 500 electionobservers and, despite shortcomings including mediabias and incomplete voter registration lists, weregenerally found to be transparent and relativelypeaceful. President Museveni won almost 60 per centof the votes and his main opponent, Dr Kizza Besigye ofthe Forum for Democratic Change (FDC), took 37 percent. On 7 March Dr Besigye filed a suit in the SupremeCourt, seeking to have the election results nullified. TheSupreme Court rejected his appeal on 6 April.

Election violenceThere were some reports of violence and intimidation,mostly of opposition supporters, particularly in the lastthree weeks of the campaign. Military forces were seenaround some polling stations on election day.b On 15 February, three FDC supporters were shotand killed in Kampala when a soldier opened fire at acrowd waiting for Dr Besigye.

Trials of Dr Kizza BesigyeDuring 2006, Dr Besigye faced three separate courtcases on charges of terrorism, rape and treason. He wasreleased on bail on 2 January.

On 31 January the Constitutional Court ruled that DrBesigye could not be tried for terrorism by a militarycourt when the High Court was pursuing a case againsthim based on the same facts. On 7 March, PresidentMuseveni stated that Dr Besigye and his 22 co-accusedwould not be tried in a military court for terrorism andillegal possession of weapons.

The trial of Dr Besigye for rape began on 4 January.He was acquitted on 7 March following arecommendation by the jury. The state indicated anintention to appeal against the acquittal but no appealhad been filed by the end of the year.

On 15 March the trial of Dr Besigye and 22 other menfor treason started in the High Court in Kampala.Several witnesses testified, including Onen Kamdulu, aformer LRA leader suspected of gross human rightsabuses who had been granted an amnesty. Defencecounsel contested his appearance, but in October theConstitutional Court ruled that he should be allowed to testify and that the judge would rule on theadmissibility of evidence. The trial was stayed in May2006 following the filing of a constitutional petition bythe defence lawyers in the Constitutional Court. Thepetition challenged the continued detention of the 22people who had been accused with Dr Besigye on thebasis that they had been granted bail by an earlier courtorder. The petition was argued in October 2006 andjudgement was pending.

In September, the government sought to overturnthe decision to grant bail to Dr Besigye, but theConstitutional Court upheld the High Court decision.

Conflict in northern UgandaPresident Museveni offered to grant amnesty to the topfive LRA leaders, including Joseph Kony and RaskaLukwiya, if a peace deal was reached. This was despitearrest warrants against them for crimes againsthumanity and war crimes issued by the InternationalCriminal Court (ICC) in 2005.

A series of talks between the government and theLRA took place from July, sponsored by the governmentof Southern Sudan.

On 1 August, Joseph Kony called for a truce. RaskaLukwiya was killed in battle on 12 August.

The government and the LRA agreed a ceasefire on 26 August. Under its terms, LRA forces were to gather intwo areas in Southern Sudan. By mid-September LRAfighters had started gathering at the assembly areas inSouthern Sudan, but they subsequently left, fearingattack by the Uganda People’s Defence Force (UPDF).

On 2 September President Museveni asked the ICC to maintain the charges against the LRA until acomprehensive peace agreement was reached, but saidthat once this was agreed the government wouldintervene to keep the commanders “safe” from the ICC.Late in September, peace talks stalled over the issue ofthe ICC warrants, and in October the UPDF said it hadresumed its offensive against LRA rebels who had failedto assemble in the required areas.

Despite breaches of the ceasefire, in Novemberboth sides agreed to prolong it and talks continued. As the peace process continued, a number ofconfidence building measures took place fromNovember with the government facilitating visits byfamily members of the LRA leadership and bycommunity leaders from northern Uganda forconsultations with the LRA leaders.

AI condemned the offer of amnesty made byPresident Museveni to the LRA leaders and stated that


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the offer of “protection” was in violation of Uganda’sobligations under international law, since it itselfreferred the cases to the ICC on the basis that nationalauthorities were unable to deliver justice for crimescommitted in northern Uganda.

Internally displaced peopleThere were 1.7 million internally displaced people in thenorth, most in camps or settlements around villages.Conditions in camps were poor, with high mortalityrates as a result of malnutrition, lack of sanitation andinsecurity.

After the ceasefire, some people began returninghome and the government set a deadline of 31December to clear the camps. A number of sites wereidentified as suitable for resettlement and by OctoberUN officials estimated that more than 300,000 peoplehad left the camps.

Refugees in UgandaIn March the government passed a new refugee billincorporating provisions of international refugee law.

In March the Ugandan and Southern Sudanesegovernments signed an agreement to repatriateSudanese refugees. In July, the UN refugee agencyUNHCR announced that 10,000 refugees had returned.

Some Congolese refugees returned to the DemocraticRepublic of the Congo (DRC) early in 2006, but furtherinsecurity in the DRC prompted new arrivals ofrefugees.

Attacks on freedom of expressionAttacks on freedom of expression and press freedomcontinued, in particular during the election campaign.The police intervened to prevent programmes relatingto the presidential candidates being aired, and severaljournalists were arrested during the run-up to theelection. Radio stations were banned frombroadcasting any debate or programme about DrBesigye’s trial.b On 23 February, police stormed Radio Pacis andstopped a talk show featuring the FDC deputy secretarygeneral Kassiano Wadri.b On 7 March, the offices of the independent radiostation Choice FM in Gulu were raided by police. Thestation’s programme manager was arrested and heldovernight before being released without charge. Laterin March police shut down the radio station, accusing itof operating without a licence, although it had appliedfor a renewal.

Torture and ill-treatmentThere were reports of torture of detainees by policeforces and the state security services, who reportedlyused “safe houses” where suspects were detained andtortured for days at a time.b Some of the 22 men accused of treason with DrKizza Besigye filed a suit on 1 November against theauthorities for torture and ill-treatment while indetention.b On 4 May, Abdu Smugenyi, a businessman, wasreportedly tortured to death by electrocution in a “safe

house” in Kampala. He had been arrested in April nearKasese, western Uganda, and accused of involvementwith an armed group operating in the DRC.

Lesbian, gay, bisexual and transgender peopleAbuses against lesbian, gay, bisexual and transgender(LGBT) people continued. Homosexuality is a criminaloffence in Uganda, and the media, police and othergroups, including teachers, targeted and harassed LGBTpeople.b In August, The Red Pepper newspaper published alist of men it asserted were gay. Several of those namedreported subsequent harassment and ostracism. InSeptember the newspaper published a similar list of 13women it said were lesbians.

Violence against womenThe threat of violence against women remained veryhigh, particularly in the ongoing conflict in the northwhere many young girls have often been abducted byLRA rebels to serve as “wives” and slaves for combatants.Women and girls in displaced people’s camps were alsoat high risk of domestic violence and of attacks whenperforming daily tasks such as collecting wood.b The police stated that at least 989 young girls hadbeen raped in displaced people’s camps in the fivenorthern districts between January and July 2006.

Death penaltyNo executions following conviction by a civilian courthave been carried out since 1999.

Military courts continued to pass death sentencesand order executions, although the exact numberswere not clear.

In February the Chief of Defence Forces stated that26 UPDF soldiers had been sentenced to death andexecuted between 2003 and 2005 for killing civilianswhile on duty in northern Uganda.b A UPDF soldier, Private Abubaker Mugwanate, wassentenced to death by hanging in September formurdering a student.

AI country reports/visitsStatements• Uganda: Amnesty International calls for an effective

alternative to impunity (AI Index: AFR 59/004/2006)• Uganda: Lesbian, gay, bisexual and transgender

people targeted (AI Index: AFR 59/006/2006)• Uganda: Fear for safety/harassment – 13 women

(AI Index: AFR 59/007/2006)


UKR

UKRAINEUKRAINEHead of state: Viktor YushchenkoHead of government: Viktor Yanukovych (replaced YuriyYekhanurov in August)Death penalty: abolitionist for all crimesInternational Criminal Court: signed

Refugees and asylum-seekers were deported tocountries where they were at risk of torture or ill-treatment. Torture and ill-treatment in police detentioncontinued to be routine. Overcrowded conditions inpolice detention led to high levels of tuberculosis. Therewas widespread impunity for perpetrators of domesticviolence. Antisemitic and racist attacks were reportedin various parts of the country.

BackgroundParliamentary elections on 26 March were found tomeet international standards for democratic electionsby the election observation mission of the Organizationfor Security and Co-operation in Europe.

In October the UN Human Rights Committeeexpressed concern about torture and ill-treatment inpolice custody, the rights of refugees and asylum-seekers, domestic violence and antisemitic and racistattacks.

Refugees and asylum-seekersUkraine violated international standards for theprotection of refugees by forcibly sending asylum-seekers and registered refugees back to their countriesof origin without right of appeal.b The UNHCR, the UN refugee agency, and non-governmental groups criticized the authorities forforcibly returning 10 asylum-seekers from Uzbekistanduring the night of 14-15 February. Uzbekistan hadissued extradition warrants for 11 asylum-seekers inUkraine for alleged involvement in events in Andizhan,Uzbekistan, in May 2005 when the security forces firedon mainly peaceful demonstrators, killing hundreds of people. Ten of the men were forcibly returned, butone was reportedly allowed to stay as he had relativesin Ukraine. The fate of the deported asylum-seekers inUzbekistan remained unknown. They were at risk ofserious human rights violations, includingincommunicado detention, torture or other ill-treatment and a flagrantly unfair trial. On 28 Februarythe Ukrainian security services defended their actionon the grounds that the asylum-seekers “wereassociated with an organization that has beenrecognized as a terrorist one by the UN.”

Torture and ill-treatmentSteps towards the eradication of torture and ill-treatment included a Ministry of Internal Affairs orderin April that all detainees must be informed of theirrights. However, the police did not subsequently

receive instructions on how to carry out the order. InSeptember, Ukraine ratified the Optional Protocol tothe UN Convention against Torture, which requiresindependent national preventive mechanisms tomonitor all places of detention.

Of six cases of alleged torture or ill-treatment raisedby AI with the authorities in Ukraine in September 2005,prosecutions were brought against police officers inonly two cases.

Harsh detention conditionsDetainees in pre-trial detention were subjected to highrates of overcrowding and poor conditions, leading togreater exposure to tuberculosis. Ukraine has anestimated tuberculosis case rate of 95 per year per100,000 people, the eighth highest in Europe andEurasia, according to the World Health Organization.b In January there were between 30 and 40 detaineeswith tuberculosis in the Sevastopol temporary holdingfacility in the Crimea, according to the SevastopolHuman Rights Group, a non-governmental organization(NGO). They were held in the facility for the full periodof their pre-trial detention, in violation of the CriminalProcedural Code, because a pre-trial detention centrein Simferopol, closer to their homes, had a long-standing practice of not accepting detainees withtuberculosis. In January, 20 infected detainees werereportedly held in a cell designed for six people andwere not given the special food or the vitamins neededto counteract the effects of their medication.

In November the UN Human Rights Committee calledon Ukraine to “guarantee the right of detainees to betreated humanely and with respect for their dignity,particularly by relieving overcrowding.”

Update: the murder of Georgiy GongadzeIn January the trial opened of three police officerscharged with murdering the investigative journalist,Georgiy Gongadze, in 2000. In July a Rapporteur for theParliamentary Assembly of the Council of Europeexpressed disappointment at the lack of progress ininvestigating the instigators and organizers of thekilling, as opposed to the perpetrators. In August thejournalist’s mother announced that she would nolonger attend court hearings because of her lack ofconfidence in the trial’s outcome. The trial was ongoingat the end of the year.

DiscriminationIn August the UN Committee on the Elimination ofRacism and Discrimination (CERD) reviewed Ukraine’slatest periodic reports. In its submission, the Ukrainiangovernment had stated that “racial discrimination in allits forms [had] been eliminated in Ukraine and theequality of every person before the law [had] beensecured.” However, NGOs continued to report incidentsof racist attacks and discrimination. The Union ofCouncils for Jews in the Former Soviet Union reportedthat between January and November there were sevenantisemitic and racist attacks on individuals and 18other incidents including vandalism of synagogues andJewish schools. According to the European Roma Rights


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Centre, Roma were denied access to education, healthcare and housing because they did not haveidentification documents. The CERD recommended,among other things, that Ukraine should “takepreventative measures against acts directed againstpersons or religious sites belonging to minorities andthat it investigate such acts and bring perpetrators tojustice.” The CERD also called for all Roma to be issuedwith identification documents.b In March a group of youths attacked a JewishYeshiva student on the Kyiv metro, who defendedhimself with a legally registered air gun. He was a friendof Mordechai Molozhenov, a Yeshiva student stabbedand wounded in August 2005 in Kyiv. The attackers werecharged with “hooliganism”.b In October, Kunuon Mievi Godi, a Nigerian manwho had been living in Ukraine for many years, wasstabbed and killed by a group shouting racist slogansnear Poznyaki metro station on the outskirts of Kyiv.The attackers did not steal the US$400 that the victimwas carrying. The investigation was ongoing.

Violence against womenProvisions in the Law on the Prevention of Violence inthe Family allowed victims of domestic violence to begiven a warning for “victim behaviour”, perpetuatingthe myth that women are to blame for the violenceinflicted on them, providing impunity for perpetratorsand deterring the reporting of crimes of violence.Women who attempted to take perpetrators to courtwere hampered by widespread corruption in thecriminal justice system or by the derisory punishmentsimposed by the courts.

The Ministry for Family, Youth and Sport’s network ofcentres provided legal and psychological counsellingand shelter for people up to the age of 35 and forfamilies. However, the shelters did not target womenspecifically and could not provide the level of supportand protection required for victims of domesticviolence.

In November the UN Human Rights Committee calledon Ukraine to “intensify efforts to combat domesticviolence, and ensure that social and medical centres forrehabilitation are available to all victims.”




• Ukraine: Briefing to the UN Human Rights Committee– June 2006 (AI Index: EUR 50/003/2006)

VisitAI delegates visited Ukraine in September.

UNITED ARABEMIRATESUNITED ARAB EMIRATESHead of state: Shaikh Khalifa bin Zayed Al-NahyanHead of government: Shaikh Mohammed bin Rashid AlMaktoum (replaced Shaikh Maktoum bin Rashid AlMaktoum in January)Death penalty: retentionistInternational Criminal Court: signed

A Bangladeshi national was sentenced to death bystoning and a female domestic worker was sentencedto be flogged. Two prominent human rights activistswere subject to harassment and intimidation.

BackgroundShaikh Mohammed bin Rashid Al Maktoum becameVice-President and Prime Minister of the United ArabEmirates (UAE) and Ruler of Dubai following the deathof his brother, Shaikh Maktoum bin Rashid Al Maktoum,in January.

In February, the UAE Society for Human Rights wasestablished as the country’s first non-governmentalhuman rights organization. Full membership of theorganization was limited to UAE nationals but non-nationals could become associate members.

In November the Prime Minister announcedmeasures to regulate the labour market and improveconditions for foreign migrant workers, including ahealth insurance scheme, fixed working hours fordomestic workers and the establishment of a specialcourt to resolve labour disputes.

Also in November, the President issued a federal lawagainst human trafficking, which prescribes penaltiesranging from one year to life imprisonment.

In December, nearly 6,600 UAE nationals selected bythe rulers of the seven Emirates that make up the UAEvoted in the first elections to be held since the countrybecame independent in 1971. They elected 20 membersto the 40-member Federal National Council (FNC), anadvisory body with no legislative powers and whoseother members are directly appointed by the rulers ofthe seven Emirates. Sixty-three women candidatesstood for election but only one was voted onto the FNC.

Death penalty and cruel judicial punishmentsIn June, in the Emirate of Fujairah, a Shari’a (Islamic)court imposed a sentence of death by stoning on Shahin‘Abdul Rahman, a Bangladeshi national, afterconvicting him of adultery with Asma Bikham Bijam, amigrant domestic worker, who was sentenced toreceive a flogging of 100 lashes and to be imprisoned forone year. Ten days later the sentence of death bystoning against Shahin ‘Abdul Rahman was commutedon appeal and he received a one-year prison sentencefollowed by deportation to his home country. However,


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the sentence of flogging against Asma Bikham Bijamwas upheld on appeal. It was not known whether it wascarried out.

Risk of forcible returnIn March Gazain Marri, a Pakistani national from theBaloch community, was arrested in Dubai and detainedin Abu Dhabi. No charges were known to have beenbrought against him and there was concern that hemight be forcibly returned to Pakistan where he wouldbe at risk of serious human rights violations includingtorture. However, he was reported to have beenreleased at the end of August.

There was similar concern after Riad ‘Abdullah Laila, a Syrian national and member of the MuslimBrotherhood, was detained on arrival at Dubai airportin April, reportedly at the request of the Syrianauthorities. He had been living as a refugee in Iraq since1980. However, he too was reported to have beenreleased uncharged and allowed to travel to a thirdcountry in May.

Human rights defendersTwo prominent human rights activists, who had beenbarred from giving interviews or writing articles for thelocal media for several years, were subjected toharassment.b Mohamed ‘Abdullah al-Roken, a lawyer and formerPresident of the UAE’s Jurists’ Association, wasdetained twice, in July and August, by State Security(Amn al-Dawla) officials. During his three-daydetention in August, his interrogators reportedlythreatened to close down his office and drugged hisfood. He was prevented from using the bathroom.Mohamed ‘Abdullah al-Roken was released withoutcharge but his passport was confiscated.b In June an arrest warrant was issued against humanrights activist Mohamed al-Mansoori, a lawyer andPresident of the Jurists’ Association, after he wasaccused of “insulting the Public Prosecutor”. He hadgiven several interviews to international news media inwhich he criticized the human rights situation in UAE.Mohamed al-Mansoori was abroad and was notarrested.

In August, attempts were made to bring criminalcharges against Sharla Musabih, founder of the City ofHope Women’s shelter in Dubai. She and others allegedthe charges were politically motivated and intended toforce the closure of the shelter, which provides supportfor women and children survivors of violence.

UNITED KINGDOMUNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELANDHead of state: Queen Elizabeth IIHead of government: Tony BlairDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

The government continued to erode fundamentalhuman rights, the rule of law and the independenceof the judiciary, including by persisting withattempts to undermine the ban on torture at homeand abroad, and by seeking to enact legislationinconsistent with fundamental human rights.Measures taken by the authorities with the statedaim of countering terrorism led to serious humanrights violations, and concern was widespread aboutthe impact of these measures on Muslims and otherminority communities. Public judicial inquiries intocases of alleged state collusion in past killings inNorthern Ireland were ongoing, but the governmentcontinued to fail to establish an inquiry into thekilling of Patrick Finucane.

‘War on terror’The Terrorism Act 2006, the fourth piece of legislationpassed since 2000 with the stated aim of counteringterrorism, became law in March. Some of its provisionswere inconsistent with fundamental human rights. Itcreated new offences, including “encouragement ofterrorism”, whose scope significantly exceededinternational law provisions that the governmentclaimed it would implement. The Act also extended themaximum period of police detention without chargefrom 14 to 28 days for people held under terrorismlegislation.

Instead of bringing people to justice, the authoritiescontinued to seek to deport individuals they assertedposed a threat to “national security”, and to impose“control orders” under the Prevention of Terrorism Act2005 on others allegedly involved in “terrorism-relatedactivity”. Consequent judicial proceedings wereprofoundly unfair, denying individuals the right to a fairhearing, including because of heavy reliance on secrethearings in which intelligence information had beenwithheld from the appellants and their lawyers ofchoice, as well as a particularly low standard of proof.

In August the Home Secretary lost his appeal againsta ruling quashing “control orders” he had made againstsix foreign nationals. The court held that theobligations imposed on the men amounted todeprivation of liberty and that, in the circumstances, hehad made the orders unlawfully. However, the samecourt allowed his appeal against a ruling thatproceedings under the Prevention of Terrorism Actwere incompatible with the right to a fair hearing.

During the year, charges were brought in connectionwith alleged breaches of “control orders”. As a result, at


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least one man was held in custody. However, since hisoriginal “control order” had been ruled unlawful, hissubsequent detention for alleged breaches of it wasalso unlawful. In December, 16 “control orders” were inforce, seven of which were against UK nationals.

Appeals continued against the deportation onnational security grounds of a number of men. A rulingwas awaited on a lead case involving reliance by the UK authorities on a memorandum of understandingconcluded in 2005 with Jordan. The governmentcontinued to assert that “diplomatic assurances”featured in this and other memorandums ofunderstanding concluded with other countries could berelied on to relieve the UK of its human rights obligationnot to send people to countries where they would facea real risk of torture or other ill-treatment. However,having failed to secure a memorandum with Algeria,and despite acknowledging such a risk upon return tothat country, the government claimed that assurancesobtained from Algeria on a case-by-case basis wouldeliminate the risk in any event.b In August, an Algerian torture survivor andrefugee, known for legal reasons only as “Y”, lost hisappeal against his deportation on national securitygrounds. Despite ample evidence to the contrary, thecourt ruled that “Y” would not face a real risk of tortureif deported to Algeria. The authorities were allowed topresent their case that “Y” would not face such a risklargely in secret hearings, from which “Y” and hislawyers of choice were excluded. Pending furtherappeal, at the end of 2006 he had not been deported.

In August the European Committee for the Preventionof Torture (CPT) published the reports on its visits to theUK in July and November 2005. It found that the SpecialSecurity Unit in Full Sutton Prison was inappropriate forholding people who had previously been interned, insome cases for more than three years; that the threat ofdeportation to countries where people had apparentlysuffered torture or other ill-treatment increased thepossibility of self-inflicted deaths in custody; that thedetainees’ medical examination always took place withinthe hearing of prison officers; that some detainees hadnot had prompt access to a lawyer following arrest; andthat during transport detainees were handcuffed despitebeing locked inside metal cages. The CPT found thatpeople detained under terrorism legislation were notphysically brought before a judge, even for the initialauthorization to extend police custody beyond 48 hours.Instead, conferences by video link were held, with thedetainee guarded by police officers on one end of thelink and the judge on the other end. It recommended thatlegislation be amended to ensure that anyone arrestedhas access to a lawyer from the outset of their detention.The CPT also reiterated that the conditions at PaddingtonGreen High Security Police Station were inadequate forprolonged detention.Guantánamo detainees with UK linksAt least eight former UK residents continued to be heldat the US detention camp in Guantánamo Bay, Cuba.b In October, the Court of Appeal of England andWales refused to order the UK authorities to makerepresentations seeking the return to the UK of Bisher

Al Rawi, an Iraqi national and long-term UK resident;Jamil El Banna, a Jordanian national with refugee statusin the UK; and Omar Deghayes, a Libyan national alsowith refugee status in the UK.b In April the December 2005 ruling that David Hicks,an Australian national detained in Guantánamo Bay,was entitled to be registered as a UK citizen andtherefore to receive assistance from the UK authoritieswas upheld, and the government was refusedpermission to further appeal. However, the governmenthad successfully introduced measures to thwart theimport of the ruling. As a result, in July David Hicks wasgranted UK citizenship but stripped of it hours later. Hisappeal against this decision was pending.RenditionsDespite the emergence of further evidence implicatingthe UK in the unlawful transfer of Bisher Al Rawi andJamil El Banna to US custody (see above) and in otherknown cases of renditions (illegal transfer of peoplebetween states outside of any judicial process), thegovernment failed to instigate an independent andimpartial inquiry.

Tortureb In June the Appellate Committee of the House ofLords (the Law Lords) granted immunity to Saudi Arabiaand its officials at whose hands four UK citizens allegedthey had suffered systematic torture. The UKgovernment intervened in the case in support of theSaudi Arabian government’s argument that it enjoyedstate immunity. AI intervened in the case jointly withother non-governmental organizations, arguing thatthere should be no immunity for torture.b In November leaked internal official reports revealedthat more than 160 prison officers were implicated inallegations of torture of inmates at Wormwood ScrubsPrison that had come to light in the late 1990s. Reportedly,many of the incidents that the authorities had publiclyrefused to admit were acknowledged in the reports, andsome managers had colluded in the abuse by ignoring it.The author of one of the reports allegedly stated thatofficers implicated in the abuses continued to pose anongoing threat to inmates.

Police shootingsb In June police officers mounted a massiveoperation against a perceived terrorist threat thatincluded forced entry into the home of MuhammadAbdulkahar and his family in Forest Gate, London,during which they shot and wounded him. It emergedthat the operation was based on erroneousintelligence. In August an investigation concluded thatthe shot had been fired accidentally and that, in thecircumstances, the officer involved had not committedany criminal or disciplinary offence.b In July the prosecuting authorities announced thatno individual police officer would be prosecuted forany criminal offence in connection with the fatalshooting of Jean Charles de Menezes in London in 2005.Instead, they decided to prosecute the Office of theCommissioner of Police of the Metropolis under health and safety legislation, a prosecution which, if


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successful, could result in a financial penalty only. InSeptember the inquest into the death of Jean Charles de Menezes was adjourned indefinitely pendingcompletion of ongoing criminal proceedings against theOffice of the Commissioner of Police. In December alegal challenge brought by the family of Jean Charles deMenezes against the prosecuting authorities’ decisionnot to bring criminal charges against any individuals inconnection with his killing was dismissed.b In July the prosecuting authorities announcedthat there was insufficient evidence to prosecute anypolice officer for any offence in connection with thefatal shooting of Azelle Rodney. In April 2005 thevehicle in which Azelle Rodney was travelling wasintercepted by police who shot him in the ensuingoperation.b In December the sister of Christopher Alder, who in 1998 had choked to death on the floor of a policestation while handcuffed, won the right to sue theprosecuting authorities for racial discrimination inconnection with their handling of the case.

PrisonsIn England and Wales alone, the prison populationsoared to nearly 80,000, among the highest per capitaworldwide. Police cells were used as a result of theovercrowding crisis. Among other things, overcrowdingcontinued to be linked to self-harm and self-inflicteddeaths, greater risks to the safety of staff and inmates,and detention conditions amounting to cruel, inhumanand degrading treatment.b In June the report of the public inquiry into thekilling of Zahid Mubarek by his cellmate, a known racist,at Feltham Young Offenders Institution in March 2000was published. Among other things, it found that 186failings, either institutional or by 19 named individuals,had led to his death, which could have been preventedhad appropriate action been taken.

Freedom of expressionb In December the Law Lords confirmed thatdetaining Jane Laporte to forcibly return her toLondon had been unlawful and violated her right toliberty. She was among three coach-loads of anti-warprotesters who were prevented from reaching the airforce base at Fairford – used by US B52 bombers to flyto Iraq – and forcibly returned to London in March2003. The court also found that by preventing thecoaches from reaching Fairford the police hadviolated Jane Laporte’s right to freedom of peacefulassembly and expression.

Northern IrelandDirect rule continued. In January the governmentwithdrew the Northern Ireland (Offences) Bill afterconcern was expressed that, if enacted, it would havesanctioned impunity for past human rights abusescommitted by state agents and paramilitaries, andwould have deprived victims of effective redress.Despite concern about its lack of independence, thePolice Service of Northern Ireland continued toinvestigate unresolved conflict-related deaths.

Collusion and political killingsThe government continued to fail to establish aninquiry into allegations of state collusion in the 1989killing of prominent human rights lawyer PatrickFinucane. The Secretary of State for Northern Irelandstated that a Finucane inquiry would only beconstituted under the Inquiries Act 2005. The Irishgovernment and the US House of Representativesstated that the Act would be incapable of delivering anindependent and impartial inquiry into the killing.

In December David Wright won his legal challengeagainst the government’s decision to convert theinquiry into allegations of state collusion in the killingof his son, Billy Wright, into an inquiry constitutedunder the Inquiries Act 2005. AI intervened jointly with other non-governmental organizations, assertingthat the legislation was inadequate to fulfil therequirements of human rights law for such inquiries. Onthe same grounds, AI had opposed the move in Marchby the Secretary of State for Northern Ireland toconvert the inquiry into allegations of state collusion inthe 1997 killing of Robert Hamill into one constitutedunder the Inquiries Act 2005.

Allegations of collusion between UK security forcesand loyalist paramilitaries in many human rightsabuses, including bombings at Dublin airport andDundalk in 1975 and at Castleblayney, CountyMonaghan, in 1976, were once again raised in an IrishParliament report in November.

Refugees and asylum-seekersThe Immigration, Asylum and Nationality Act 2006became law in March. It contained measures that couldexclude from the protection of the UN RefugeeConvention those seeking asylum on grounds ofpolitical persecution.

The vast majority of asylum applications wereultimately refused. Tens of thousands of rejectedasylum-seekers who had not left the UK, often throughno fault of their own, were condemned to live in abjectpoverty, living on the charity of others. A minority ofrejected asylum-seekers received the statutoryprovision available to those left destitute who faced atemporary barrier to their removal. However, themajority of rejected asylum-seekers refused to apply,or were not eligible, for statutory provisions availableto those left destitute. Rejected asylum-seekers werealso not allowed to work, were not eligible for freehealth care in hospitals unless for emergencytreatment, and were not allowed to continue withtreatment they were already receiving during theasylum process.

In September, 32 Iraqi Kurds were forcibly returnedto northern Iraq despite concern for their safety there.

In December, the government announced that theIndependent Police Complaints Commission would becharged with investigating complaints arising fromincidents involving immigration officials exercisingpolice-like powers.

In July the European Court of Human Rights foundthat the UK had violated an asylum-seeker’s right to beinformed promptly of the reasons for his detention. He


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had been detained for some 76 hours before hisrepresentative had been informed of the reasons for his detention.

Violence against womenThe government failed to address the lack of anystrategic work on prevention of violence againstwomen and did not provide adequate financial supportto women subject to immigration control to enablethem to leave abusive personal or employmentsituations. Women subject to immigration control –other than asylum applicants – were denied publicfunds, including for emergency housing.

Conviction rates for different forms of genderviolence other than domestic violence remained verylow. The conviction rate for the crime of rape was 5.3per cent of all reported incidents in England and Wales.

AI country reports/visitsReports• United Kingdom: Human rights – a broken promise

(AI Index: EUR 45/004/2006)• United Kingdom: Deepcut and beyond – high time for

a public inquiry (AI Index: EUR 45/008/2006)• United Kingdom: Justice denied for British survivors

tortured in Saudi Arabia – A major leap backwards inthe fight against impunity (AI Index: EUR45/010/2006)

• United Kingdom: The Killing of Jean Charles deMenezes (AI Index: EUR 45/015/2006)

• United Kingdom: The Killing of Jean Charles deMenezes – let justice take its course (AI Index: EUR45/021/2006)

• Europe: Partners in crime – Europe’s role in USrenditions (AI Index: EUR 01/008/2006)

VisitsAI delegates observed judicial hearings in the UK,including those held under terrorism legislation.

UNITED STATES OFAMERICAUNITED STATES OF AMERICAHead of state and government: George W BushDeath penalty: retentionistInternational Criminal Court: signed but declaredintention not to ratify

Thousands of detainees continued to be held in UScustody without charge or trial in Iraq, Afghanistanand the US naval base in Guantánamo Bay, Cuba. InJune, the US Supreme Court struck down the militarycommissions established by President Bush andreversed the presidential decision not to apply Article3 common to the four Geneva Conventions todetainees suspected of links with the Taleban or al-Qa’ida. Congress passed the Military Commissions Actstripping the US federal courts of the jurisdiction tohear habeas corpus appeals from such detainees,providing for trials by military commission, andamending the US War Crimes Act. In September,President Bush confirmed the existence of aprogramme of secret detentions run by the CentralIntelligence Agency (CIA). There were reports ofpossible extrajudicial executions by US soldiers in Iraq,with a number of soldiers facing prosecution. Therewas a continued failure to hold senior governmentofficials accountable for torture and other ill-treatment of “war on terror” detainees despiteevidence that abuses had been systematic. There werereports of police brutality and ill-treatment indetention facilities in the USA. More than 70 peopledied after being struck by police tasers. Fifty-threepeople were executed in 14 states.

Military Commissions ActIn June, in Hamdan v. Rumsfeld, the US Supreme Courtruled that the military commissions established under aNovember 2001 Military Order to try foreign nationalsheld as “enemy combatants” in the “war on terror” wereunlawful. Ten foreign nationals had been charged tostand trial before the commissions prior to the ruling.The ruling also reversed the presidential decision notto apply to detainees suspected of links with theTaleban or al-Qa’ida Article 3 common to the fourGeneva Conventions of 1949 which requires fair trialsand humane treatment for detainees in armed conflict.In September, President Bush confirmed that the CIAhad been operating a secret detention programme inwhich some detainees in the “war on terror” had beenheld incommunicado and subjected to “alternative”interrogation techniques. He asserted that the SupremeCourt ruling had put the secret programme in jeopardy.

In late September, Congress passed the MilitaryCommissions Act (MCA). If found to be constitutional,the MCA would strip US courts of the jurisdiction to


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consider habeas corpus appeals challenging thelawfulness or conditions of detention of any non-UScitizen held as an “enemy combatant” in US custody,regardless of location. On 13 December, a federal judgedismissed the habeas corpus petition of Guantánamodetainee Salim Ahmed Hamdan, who by then had beenin US custody for more than five years without trial. Thejudge found that the MCA applied retroactively,blocking Salim Ahmed Hamdan’s statutory access tohabeas corpus, and that as a foreign national heldoutside US sovereign territory, he had no constitutionalright to habeas corpus.

The MCA also provides for the President to establishnew military commissions to try “alien unlawful enemycombatants” – broadly defined to include civilianscaptured far from any battlefield. The new commissionswould have the power to hand down death sentences,under procedures which appeared highly unlikely toguarantee fair trials.

The MCA barred detainees from invoking the GenevaConventions in any court action. It also narrowed thescope of the US War Crimes Act (and backdated this to1997) by not expressly criminalizing acts violatingcommon Article 3’s prohibition of unfair trials or“outrages on personal dignity”, particularly humiliatingand degrading treatment. At a Senate hearing in July,six former and current military lawyers agreed thatsome of the interrogation techniques used by the USAin the “war on terror” had violated common Article 3.

Renditions and secret detentionIn September President Bush announced that 14 “high-value” detainees held incommunicado for up to four anda half years as part of the secret CIA programme hadbeen transferred to Guantánamo. AI considered that atleast some of them had been victims of enforceddisappearance. The fate and whereabouts of individualsother than the 14 who had been held in the CIAprogramme remained unknown at the end of the year.

In litigation in federal court, the government soughtto ensure that whatever details the 14 recentlytransferred detainees knew about the secret CIAprogramme – such as the location of secret detentionfacilities or what interrogation techniques had beenused – remained secret.

In June, the Council of Europe’s Committee on LegalAffairs and Human Rights released a report of itsinquiry into secret detention and renditions (the secretand unlawful transfer of detainees between countries)in Europe. The report concluded that the USA – anobserver state of the Council of Europe – had been the“chief architect” of a “reprehensible” system of secretdetentions and renditions. It confirmed AI’s findingsthat several cases of rendition occurred with theinvolvement or co-operation of Council of Europemember states. The Committee urged the USA andEuropean states to put an end to renditions and toconduct independent investigations into the practice.

GuantánamoAt the end of 2006, approximately 395 detainees ofaround 30 nationalities continued to be held without

charge or trial at the US naval base in Guantánamo.Some had been held there for nearly five years.

In February, five UN experts, including the SpecialRapporteur on torture, issued a report of theirinvestigation into conditions at Guantánamo, callingfor the facility to be closed. They found that some of thealleged treatment of detainees, including the use ofsolitary confinement, excessive force and the brutalmanner of force-feeding during a hunger strike,amounted to torture.

In May the UN Committee against Torture also calledfor the closure of Guantánamo, noting that holdingpeople indefinitely without charge constituted aviolation of the UN Convention against Torture. In July,the UN Human Rights Committee urged the USA toensure that all those held in Guantánamo were able“without delay” to challenge the lawfulness of theirdetention before a court.

In June, three detainees died in Guantánamo,apparently as a result of suicide. They includedAbdullah Yahia al-Zahrani who was reportedly aged 17when he was taken into custody. The deaths heightenedconcerns about the severe psychological impact of theindefinite detention regime.

Detentions in Afghanistan and IraqHundreds of detainees were held without charge ortrial at the US air base in Bagram, Afghanistan, with noprovision for judicial review. Some had been detainedfor more than two years without access to lawyers,their families or the courts. In November, the USauthorities said that a “significant percentage” of theAfghan detainees at Bagram might be transferred to thecustody of the Afghan government within a year. It alsosaid that some Afghans and other nationals would bekept at Bagram or transferred to Guantánamo.

Thousands of people were held by the US forces inIraq, including several hundred “security internees”detained since before the handover of power to theinterim Iraqi government in June 2004. There were noformal review procedures applying in such cases.Detainees arrested after that date had their detentionsreviewed initially by a magistrate (often without thepresence of the detainee) and thereafter by a non-judicial body at six-monthly intervals.

Unlawful killings by US forces outside the USAThere were a number of incidents of allegedextrajudicial executions or unlawful killings of civiliansby US soldiers in Iraq.b In November, a soldier pleaded guilty before amilitary court to charges of raping a 14-year-old Iraqigirl and murdering her and three members of her familyin Mahmudiya in March. He was sentenced to lifeimprisonment. Three other soldiers faced charges ofrape and murder in the same case, and arson forburning the girl’s body to conceal the evidence. A fifthsoldier, who had already been discharged from thearmy on mental health grounds when the chargesarose, pleaded not guilty in a civilian federal court.b Eight soldiers were charged with the kidnap andmurder of 52-year-old Hashim Ibrahim Awad in the


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town of Hamdania in April. They were accused ofdragging him from his home and shooting him while hewas restrained. Four soldiers pleaded guilty tocharges relating to the murder and were sentenced tobetween five and 10 years' imprisonment. However, inline with pre-trial agreements, their sentences werereduced to between 12 and 21 months’ confinement.Other trials were pending at the end of the year.

In Pakistan, between 13 and 18 people, including fivechildren, were killed when Hellfire missiles were firedinto three houses in the village of Damadola Burkandayin northwestern Pakistan on 13 January. Reportssuggested that US aircraft fired the missiles and thattheir intended target was Ayman al-Zawahiri, a high-ranking al-Qa’ida operative.

Detention of ‘enemy combatants’ in the USAAli Saleh Kahlah al-Marri, a Qatari national, continuedto be held without charge or trial in military custody inSouth Carolina. He remained in isolation and had beendenied family visits or phone calls for more than threeyears. In November, the US government filed a courtmotion seeking to have Ali al-Marri’s appealschallenging the lawfulness of his detention dismissedon the grounds that under the MCA the federal courtsno longer had jurisdiction in the case. The issue had notbeen decided by the end of the year.

In October, lawyers for José Padilla, a US citizenformerly detained as an “enemy combatant”, sought tohave criminal charges against him dismissed on thegrounds that he had been tortured during more thanthree years of incommunicado detention in US militarycustody. A decision on the petition was pending at theend of the year.

Torture and other ill-treatmentA general lack of accountability for torture and otherill-treatment by US personnel in the “war on terror”,including under interrogation techniques authorizedby senior administration officials, continued.Although some generally low-ranking soldiers werecourt-martialled, by the end of the year no USpersonnel had been charged with torture under theUSA’s extraterritorial anti-torture statute or with warcrimes under its War Crimes Act. Both the UNCommittee against Torture and the UN Human RightsCommittee expressed concern at the apparentleniency and impunity being enjoyed by US personnel.

By the end of the year, only one CIA employee hadbeen brought to trial for abuses committed in the “waron terror”. In August, David Passaro, a CIA contractor,was convicted of assault in connection with thebeating of Afghan detainee Abdul Wali, who died in aUS military base in Afghanistan in 2003. By the end ofthe year no other charges had been brought inrelation to 19 cases of alleged abuse involving civilianor CIA personnel referred to the US Department ofJustice.

A revised Army Field Manual was published inSeptember, reiterating the ban on cruel, inhuman ordegrading treatment of any detainee, a position thegovernment had previously held not to apply to

“unlawful enemy combatants”. The Manual alsoexpressly banned certain techniques duringinterrogation, including sexual humiliation, use ofdogs, hooding, “water-boarding” (simulated drowning),mock executions and deprivation of food and water.The Army Field Manual did not apply to CIAinterrogations conducted outside a military-runfacility.

On 6 December, US citizen Roy Belfast Jr (also knownas Charles Taylor Jr), son of former Liberian PresidentCharles Taylor, became the first person to be chargedwith torture under the USA’s extraterritorial anti-torture statute. He was charged in relation to thetorture of an individual in Monrovia, Liberia, in July 2002.

Ill-treatment in jails and police custodyThere were reports of ill-treatment of suspects in jailsand police custody, involving abusive use of restraintsand electro-shock weapons. More than 70 people diedafter being shocked with tasers (dart-firing electro-shock weapons), bringing to more than 230 the numberof such deaths since 2001.

In June the Justice Department announced that atwo-year study of taser deaths would be undertakenby the National Institute of Justice. Meanwhile manypolice departments continued to use tasers insituations that fell far below any threat of deadlyforce. The UN Committee against Torture called on theUSA to deploy tasers only as a non-lethal alternative tousing firearms.b In August, Raul Gallegos-Reyes died in ArapahoeCounty Jail, Colorado, after being repeatedly taseredand strapped into a restraint chair for screaming andbanging on his cell door. The coroner concluded he haddied from “positional asphyxia” due to restraint andruled the death a homicide.b A lawsuit filed against Garfield County Jail,Colorado, in July, alleged that prisoners werefrequently strapped into restraint chairs and left forhours in painful positions after being tasered ordrenched with pepper spray. Guards were also allegedto have taunted and threatened to shock prisonerswearing remote-controlled electro-shock belts whilebeing transported to court. The jail reportedly had noclear policies governing use of restraints.

There were reports of police ill-treatment of lesbian,gay, bisexual and transgender people, and of a failureto respond adequately to identity-based crimes againstthem.b Mariah López, a transgender woman, was allegedlysubjected to verbal and physical abuse by New YorkPolice Department officers and city jail employees aftershe was arrested. She reportedly sustained a brokencartilage in her nose, a broken tooth and numerousabrasions after being beaten by officers. She was alsosubjected to humiliating strip searches.b Christina Sforza, a transgender woman, wasreportedly assaulted in a New York restaurant. Policeresponding to the scene arrested her and refused toaccept her complaint against her assailant. Assaultcharges filed against her were eventually dropped.


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‘Supermax’ prisonsThousands of prisoners continued to be held in long-term isolation in “supermaximum” security facilities inconditions that sometimes amounted to cruel, inhumanor degrading treatment.

In November a federal appeals court condemned asunconstitutional alleged conditions in a “BehavioralModification Program” in a Wisconsin “supermax”prison. A lawsuit brought on behalf of an inmateconfined under the programme in 2002 claimed he wasstripped of clothes and bedding, confined to a smallbare cell and fed only ground-up food formed into a“loaf”. The conditions were alleged to have had a severeadverse effect on his mental health. The case wasreferred to a lower court for a ruling on the facts, someof which were in dispute.

Women in prisonIn May, Vermont became the last of the 50 states to passa law protecting women in prison from sexual abuse byguards, by criminalizing all sexual contact betweeninmates and correctional staff. However, many womenprisoners in the USA remained at risk of abuse throughpolicies allowing male staff to conduct “pat-down”searches of women prisoners and observe womenwashing or dressing in their cells. Most US statesallowed male guards unsupervised access to women’sprisons, contrary to international standards.

Twenty-three states and the Federal Bureau ofPrisons allowed women prisoners to be shackled duringlabour, a practice AI considers to be inhuman anddegrading as well as potentially dangerous for thehealth of the mother or her baby.

Prisoners of conscienceArmy National Guard Specialist Katherine Jashinskiserved one month in jail after being sentenced to 120days’ imprisonment in May for refusing to serve inAfghanistan on conscientious grounds.

Kevin Benderman, a US Army sergeant, was releasedfrom prison in August after serving 12 months of a 15-month sentence for refusing to deploy to Iraq ongrounds of his conscientious objection to the war.

Several other soldiers refusing to deploy to Iraqbecause of their opposition to the war faced possibleprosecution at the end of the year.

Death penaltyIn 2006, 53 people were executed in 14 states, bringing to1,057 the total number of prisoners put to death sinceexecutions resumed in 1977. The number of executionsin 2006 was the lowest for a decade and the number ofpeople sentenced to death continued to decline from itspeak in the mid-1990s. There were ongoing legalchallenges to the constitutionality of the lethal injectionprocess, and in December executions were suspendedin California and Florida pending resolution of problemswith execution procedures. People with serious mentalillness continued to be subjected to the death penalty.b Clarence Allen, a Native American, was executed inCalifornia on 17 January, a day after his 76th birthday.He had been on death row for 23 years, was confined to

a wheelchair and nearly blind; he had advanced heartdisease and diabetes, and had suffered a major heartattack in 2005.b Bobby Wilcher was executed in Mississippi on 18October after more than two decades on a death rownotorious for its bad conditions, including poor mentalhealth care, profound isolation of inmates and lowstandards of hygiene. He suffered from bipolardisorder, a serious mental illness, and had a longhistory of psychological problems, including suicideattempts. On 24 May, he had filed a motion in courtseeking to drop all his remaining appeals. In July heinformed his lawyer that he had changed his mind, andsubsequently signed two affidavits to that effect.However, the courts refused all attempts to have hisappeals reinstated.b Angel Nieves Diaz was executed by lethal injectionin Florida on 13 December, proclaiming his innocenceafter two decades on death row. The execution wentahead despite the fact that a key prosecution witnessfrom the trial had recanted his testimony. The executionrequired 34 minutes and two doses of the drugs to killAngel Diaz. Witnesses described Angel Diaz grimacing inpain and gasping for air during the execution.

Other concernsDaniel Strauss and Shanti Sellz, charged withtransporting illegal aliens, had the charges againstthem dismissed by a federal judge in September. Thecharges arose because they had transported threeundocumented Mexican migrants for urgent medicalcare after finding them injured and suffering from heatexhaustion in the Arizona desert.

Several bills to tighten immigration enforcementwere pending before Congress at the end of the year.They included measures which would expand summarydeportation procedures known as “expedited removal”.In October Congress passed a law authorizing fundingfor the construction of fortified fencing along around athird of the US border with Mexico.

AI raised concern with the US government about itsrefusal to allow the Cuban wives of René Gonzáles andGerardo Hernández, Cuban nationals serving long prisonsentences in the USA, visas to travel to the USA to visitthem in prison.

UN Committee against Torture and UN Human Rights CommitteeThe Committee against Torture and the Human RightsCommittee issued recommendations to the USauthorities in May and July. They included calls for an end to secret detention and enforceddisappearances and for the closure of Guantánamo.The Committee against Torture also called for cruelinterrogation techniques to be rescinded, and forthorough and impartial investigations into torture and other ill-treatment, including the role of seniorgovernment officials.

On domestic policy, both Committees called for strictlimitations on the use of electro-shock devices; areview of cruel conditions in “supermaximum” securityprisons; and measures to prevent sexual abuse of


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prisoners and the shackling of women prisoners duringchildbirth. The Human Rights Committee also called fora moratorium on executions and a ban on “life withoutparole” sentences for children. It expressed concernthat poor people, and in particular African Americans,were disadvantaged by the rescue and evacuationplans in the aftermath of Hurricane Katrina in August2005, and continued to be disadvantaged under thereconstruction plans. It urged the government toensure their rights were fully taken into account withregard to access to housing, education and health care.

AI country reports/visitsReports• USA: Stonewalled – still demanding respect: Police

abuses against lesbian, gay, bisexual andtransgender people in the USA (AI Index: AMR51/001/2006)

• USA: The execution of mentally ill offenders (AIIndex: AMR 51/003/2006)

• USA: Guantánamo: Lives torn apart – The impact ofindefinite detention on detainees and their families(AI Index: AMR 51/007/2006)07/2006)

• USA: Amnesty International’s continuing concernsabout taser use (AI Index: AMR 51/030/2006)

• USA: Below the radar – Secret flights to torture and“disappearance” (AI Index: AMR 51/051/2006)

• USA: Amnesty International’s supplementarybriefing to the UN Committee against Torture (AIIndex: AMR 51/061/2006)

• USA: Memorandum to the US Government on thereport of the UN Committee against Torture and thequestion of closing Guantánamo (AI Index: AMR51/093/2006)

• USA: More about politics than child protection – Thedeath penalty for sex crimes against children (AIIndex: AMR 51/094/2006)

• USA: Updated briefing to the Human RightsCommittee on the implementation of theInternational Covenant on Civil and Political Rights(AI Index: AMR 51/111/2006)

• USA: Justice at last or more of the same? Detentionsand trials after Hamdan v. Rumsfeld (AI Index: AMR51/146/2006)

• USA: Rendition – torture – trial? The case ofGuantánamo detainee Mohamedou Ould Slahi (AIIndex: AMR 51/149/2006)

• USA: Military Commissions Act of 2006 – Turning badpolicy into bad law (AI Index: AMR 51/154/2006)

• USA: Five years on 'the dark side' – A look back at'war on terror' detentions (AI Index: AMR51/195/2006))

VisitsAI delegates visited the USA in February andinterviewed former Guantánamo detainees in Franceand Germany in November.

URUGUAYEASTERN REPUBLIC OF URUGUAYHead of state and government: Tabaré Vázquez RosasDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Progress was recorded in cases of past human rightsviolations. Prisons were reportedly overcrowded andconditions were inadequate. Sugar cane workersdemonstrated against poverty.

BackgroundSocial exclusion continued during the year. Forexample, in January sugar cane workers and members of social welfare organizations demonstrated in thecapital, Montevideo, in favour of land rights and againstpoverty. This followed the occupation of disused land atColonia España, Bella Unión area, Artigas Department,by more than 50 people urging the authorities to provideland and housing to six working families.

In November Uruguay ratified the Agreement on thePrivileges and Immunities of the International CriminalCourt. The Agreement provided the framework for theCourt to function effectively.

Uruguay has not submitted its periodic report to theUN Committee on Economic, Social and Cultural Rightssince 1996.Justice for past human rights violationsAlthough the Expiry Law of 1986 preventing legalproceedings against members of the security forcesfrom the military period (1973-1985) remained in force,some judicial decisions revealed progress in the fightfor justice for victims of past human rights violations.

In September, a Penal Judge in Montevideo found sixmilitary officers and two former policemen guilty oforganized crime and of kidnapping Uruguayanmembers of the opposition group Party for People’sVictory (Partido por la Victoria del Pueblo) in Argentinain 1976 as part of Operation Condor. They had not beensentenced by the end of the year.

In November, the 11th Penal Judge ordered thedetention and trial of former President Juan MaríaBordaberry (1971-1976) and the former Minister ofForeign Affairs Juan Carlos Blanco. They were chargedwith the murders of legislators Zelmar Michelini andHector Gutierrez Ruiz, along with two members of theTupamaro guerrilla group Movement of NationalLiberation (Movimiento de Liberación Nacional), RosarioBarredo and William Whitelaw, in Argentina in 1976. Thedecision was under appeal at the end of the year.

PrisonsThere were reports of overcrowding, lack of medicalattention, inadequate food and ill-treatment by prisonguards.

In February, the Parliamentary Commissioner forPrisons reported the results of a visit to Libertad prison,San José Department. He found that detainees were


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subjected to degrading treatment while being searchedby guards, and that the use of rubber bullets wasexcessive.

Following a visit in March, the ParliamentaryCommissioner confirmed complaints of overcrowdingin Las Rosas prison, Maldonado Department, which hadled to a number of prisoners sleeping on the floor.

Intergovernmental organizationsIn November, the Inter-American Commission onHuman Rights expressed concern at the persistent and systematic violation of women’s human rights inUruguayan prisons. It criticized discrimination against women prisoners, inadequate health care and obstacles encountered by female detainees incomplaining about abuses by prison guards andinmates.

UZBEKISTANREPUBLIC OF UZBEKISTANHead of state: Islam KarimovHead of government: Shavkat MirzioievDeath penalty: retentionistInternational Criminal Court: signed

The authorities continued to reject calls for anindependent, international investigation into thekilling of hundreds of unarmed people in May 2005in Andizhan. Freedom of expression and access toinformation became increasingly restricted. Humanrights activists and local independent journalistscontinued to face threats, harassment andimprisonment on apparently fabricated criminalcharges. Many were reportedly tortured or ill-treatedin detention. Scores of people were sentenced to longprison terms for alleged involvement in the Andizhanevents, including several prominent human rightsdefenders, most after closed or secret trials.Suspected members of banned Islamic movementsforcibly returned from other countries were held inincommunicado detention, and several weresentenced to long prison terms after unfair trials.

BackgroundIn March the World Bank announced that it wassuspending new lending to Uzbekistan. President Islam Karimov accused the Bank of taking part in a“shameless information war” against Uzbekistan.

In March the authorities ordered the UN refugeeagency, UNHCR, to leave the country within four weeks.

In April UNHCR complied, expressing serious concernabout some 2,000 refugees from Afghanistan whom ithad been assisting.

In the build-up to the anniversary of the May 2005Andizhan killings, when hundreds of people were killedwhen security forces fired on mainly peacefuldemonstrators, the authorities sought to ensure thatonly the official version of events would be heard. The authorities continued to refuse to allow anindependent international investigation into theAndizhan events. However, they apparently addressedsome of the concerns of the European Union (EU) inbilateral discussions in the second half of the year. TheEU reviewed the 2005 visa and arms bans imposed onUzbekistan in November and extended them by six and12 months respectively. The EU resumed bilateralmeetings with Uzbekistan under the Partnership andCooperation Agreement and held an expert meeting onthe Andizhan killings in Uzbekistan in December. InOctober President Karimov conceded publicly thatfailures by local and regional authorities in Andizhanmight have contributed to the Andizhan events. Hedismissed the regional governor of Andizhan over hisfailure to stop the unrest in Andizhan.

Pressure on international media and non-governmental organizations (NGOs) increasedthroughout 2006. Several mostly US-based or US-funded organizations had their accreditationwithdrawn and were forced to close their operations inUzbekistan.

In November Uzbekistan protested at the US StateDepartment’s decision to add Uzbekistan to its list of“countries of particular concern” for violating religiousfreedom.

In its September session the UN Human RightsCouncil reviewed Uzbekistan under a confidentialprocedure and decided to keep Uzbekistan underreview. The UN General Assembly, however, voted notto adopt a country resolution on Uzbekistan. In itsresponse to the UN’s concerns at grave human rightsviolations published in August, the Uzbekistaniauthorities denied any grave and systematic humanrights violations. They rejected claims by the UN SpecialRapporteur on torture that torture was still systematicand reports that the International Committee of theRed Cross (ICRC) had been denied access to places ofdetention. In November the ICRC stated that it had nothad access for two years and that negotiations with theauthorities to resume visits were difficult.

Human rights defendersThe situation for human rights defenders continued todeteriorate. Threats, house arrest and detention bypolice prevented six of 11 human rights defendersreaching a meeting at the German embassy in Tashkentin September. In November human rights defenderswere detained and placed under house arrest whenthey demonstrated outside the Ministry of ForeignAffairs calling for dialogue with the authorities.b Tolib Yakubov, head of the independent HumanRights Society of Uzbekistan (HRSU), and AbduzhalilBoimatov, his deputy, left the country in August after


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repeated threats. In August Bakhtior Khamroev, head ofthe HRSU Dzhizzakh section, was attacked by a group ofabout 20 women who burst into his apartment, calledhim a traitor and beat him. Two British diplomats werevisiting Bakhtior Khamroev at the time. Nevertheless,police officers intervened only after he had been hit onthe head. He was reportedly refused medical assistanceat the local hospital. Bakhtior Khamroev’s 21-year-oldson was detained in August on reportedly fabricatedcharges of hooliganism. He was sentenced to threeyears’ imprisonment after an unfair trial in September.b Saidzhakhon Zainabitdinov, chairperson of theindependent Andizhan-based human rights groupAppeal, was sentenced to seven years’ imprisonmentby a court in Tashkent in January, after a closed trial.Reports in December indicated that he was being heldincommunicado in Tashkent prison.b In January Dilmurod Muhiddinov, a human rightsactivist from Andizhan, was sentenced to five years’imprisonment for being in possession of a statement on the Andizhan events published by the secularopposition party Birlik.b Mutabar Tadzhibaeva, chairwoman of the humanrights organization Fiery Hearts Club and a founder ofthe national movement Civil Society, was sentenced toeight years’ imprisonment by a court in Tashkent inMarch. Her appeal was turned down in May. She washeld in the Women’s Prison in Tashkent. She wastransferred to the psychiatric wing of the prison in Julyfor 10 days, allegedly to punish her for speaking outfrom prison. One of her lawyers said in August that shecould not represent Mutabar Tadzhibaeva any moreafter repeated threats against herself and her family.Family members and lawyers stated that their visitswere obstructed, that Mutabar Tadzhibaeva wasregularly placed in punishment cells for up to 10 daysand that her health was deteriorating.b Azam Farmonov and Alisher Karamatov, two HRSU members from Sirdaria region, were arbitrarilydetained in April in the city of Gulistan. Both men hadbeen defending the rights of local farmers who hadaccused district officials of extortion and corruption.Azam Farmonov and Alisher Karamatov were taken tothe pre-trial detention centre in the town of Khavast.They were held incommunicado for at least a week andalleged that they were tortured during that time,including by suffocation and beatings on their legs andheels with truncheons. They were sentenced in June tonine years’ imprisonment for extortion after a trial inwhich they had no legal representation.

Restrictions on freedom of expressionNew regulations adopted at the end of February made itillegal for Uzbekistani citizens to work for or contributeto foreign-owned media unless they were accreditedjournalists. Foreign journalists would have theiraccreditation withdrawn if their reporting was found tobe “interfering in domestic affairs”. In March theMinistry of Foreign Affairs revoked the accreditation ofa local correspondent of the German radio stationDeutsche Welle for allegedly filing a false report abouta fatal bus accident in Bukhara region.

b In September Ulugbek Khaidarov, an independentjournalist, was arbitrarily detained at a bus stop inDzhizzakh and charged with extortion. A woman hadreportedly brushed past him and put US$400 into hispocket. He immediately dropped the money to theground, but law enforcement officers appeared anddetained him. In October he was sentenced to six years’imprisonment after an unfair trial. He was released onappeal in November. Two days before UlugbekKhaidarov’s detention, his colleague, journalistDzhamshed Karimov, disappeared in Dzhizzakh aftervisiting his mother in hospital. His family believed thathis enforced disappearance was linked to hisjournalistic activities. In October sources reported thathe had been forcibly confined to a psychiatric hospital.Local authorities continued to deny any knowledge ofhis whereabouts. His family were intimidated by localofficials and their phone was cut off after they alertedinternational organizations. Both Dzhamshed Karimovand Ulugbek Khaidarov had expressed fears for theirsafety and were preparing to leave the country.b On 8 September Dadakhon Khasanov, a well-known singer and songwriter, was given a suspendedthree-year prison sentence for writing and performinga song about the Andizhan events. The trial, althoughannounced as open to the public, was in fact closed.Earlier in the year, two men who had listened torecordings of Dadakhon Khasanov’s songs receivedlong prison sentences for being in possession ofsubversive materials.

Forcible returns of terrorism suspectsThe authorities continued to seek the extradition ofsuspected members of banned Islamic parties ormovements, such as Hizb-ut-Tahrir and Akramia, fromneighbouring countries as well as Russia and Ukraine.Most of the men forcibly returned to Uzbekistan wereheld in incommunicado detention. The governments ofthe Russian Federation, Ukraine, Kazakstan andKyrgyzstan apparently co-operated with Uzbekistan inthe name of regional security and the “war on terror”, indisregard of their obligations under internationalhuman rights and refugee law not to return anyone to acountry where they would be at risk of serious humanrights violations.b Rukhiddin Fakhruddinov, an imam (religiousteacher), was sentenced to 17 years’ imprisonment inSeptember following a closed trial in Tashkent. He hadbeen forcibly returned from Kazakstan in November2005 and held incommunicado until March 2006.

In August the General Procuracy of the RussianFederation suspended the extradition order of 13Uzbeks detained in Ivanovo, pending a review of themen’s appeals by the European Court of Human Rights.

A group of 12 people who fled the country after theAndizhan events returned from the USA in mid-July.Forty-one Andizhan refugees evacuated by UNHCR firstto Romania and then to the USA returned home inAugust. A third group of refugees resettled to Idaho,USA, were reportedly preparing to return but had notdone so by the end of the year. Two refugees who hadresettled in Idaho died in August and September in


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mysterious circumstances. Some of the refugees werereportedly pressured into returning to Uzbekistan,where their movements were closely monitored andthey had to report regularly to the local lawenforcement agencies. UNHCR and other agencies anddiplomats had not been granted access to them by theend of the year. In November reports emerged that tworeturnees had been detained.

Arbitrary detentions and unfair trialsArbitrary detentions and unfair trials of suspectedmembers of banned Islamic organizations continued. Inmany cases, there were credible allegations of tortureand ill-treatment.

There were dozens of trials of multiple defendants inTashkent and Tashkent Region alone in 2006. At least257 people were sentenced to long prison terms fortheir alleged involvement in the Andizhan events, thevast majority after closed or secret trials. Severalthousand people convicted of involvement withbanned Islamic organizations continued to serve longprison terms in conditions which amounted to cruel,inhuman and degrading treatment.

In March a court in Tashkent sentenced SanzharUmarov, the leader of the secular opposition politicalcoalition Sunshine Uzbekistan, to ten and a half years’imprisonment for fraud, embezzlement, moneylaundering and tax evasion. He had been detained inOctober 2005 upon his return from a trip to the USA.Sanzhar Umarov alleged that the case against him hadbeen fabricated by business rivals, and coalitionsupporters claimed that the charges were politicallymotivated. Human rights observers at the trial assertedthat the prosecution failed to prove the charges. InApril an appeal court in Tashkent reduced his sentenceby three years. At the appeal hearing, his healthappeared to have greatly deteriorated. In May he wastransferred to a prison colony in Bukhara, where hewas confined in a punishment cell for 16 days in June.His family and lawyers complained that they had notbeen able to visit him and that he continued to beconfined to punishment cells. An appeal was pendingbefore the Supreme Court.

In May the coordinator of Sunshine Uzbekistan,Nodira Khidoiatova, was released after an appealhearing commuted her 10-year prison sentence to aseven-year suspended sentence. Friends and relativeshad reportedly paid 120 million soms (approximatelyUS$ 100,000) in compensation to the Uzbekistani stateto secure her release. Nodira Khidoiatova had beensentenced on 1 March for tax fraud, embezzlement andparticipation in a criminal group.

Death penaltyAlthough the President issued a decree in August 2005abolishing the death penalty from January 2008, therewere no moves to introduce a moratorium onexecutions or death sentences. The authorities insistedthat no death sentences had been passed in Uzbekistanover the previous couple of years. NGOs, however,reported that at least eight death sentences werepassed.

In March Aleksei Buriachek, a prisoner on death rowin Tashkent prison, died from tuberculosis (TB), raisingfears for the health of fellow death row inmates andprison staff. Iskandar Khudaiberganov, for example,was diagnosed with TB in 2004 and reportedly wasreceiving inadequate treatment.

AI country reports/visitsReports• Commonwealth of Independent States: Positive


• Uzbekistan: Health Professional Action –Tuberculosis in Prison: Case of IskandarKhudaiberganov (AI Index: EUR 62/009/2006)

• Uzbekistan: Impunity must not prevail (AI Index:EUR 62/010/2006)

VENEZUELABOLIVARIAN REPUBLIC OF VENEZUELAHead of state and government: Hugo Chávez FríasDeath penalty: abolitionist for all crimesInternational Criminal Court: ratified

Most human rights violations committed bymembers of the security forces remainedunpunished. Human rights defenders and journalistswere threatened, intimidated and attacked.

BackgroundHugo Chávez was elected President in December for athird six-year term. In April Venezuela abandoned theAndean Community of Nations trading block, afterColombia and Peru signed free trade agreements withthe USA, and joined the South American trade groupMercosur. The government continued to establishsocial programmes aimed at the most vulnerable,including programmes to improve access to education,health and housing. The independence and impartialityof the judiciary continued to be questioned. There wereserious concerns that the proliferation of small armswas fuelling an increase in violence.

Impunity, intimidation and harassmentHuman rights violations, including torture,extrajudicial executions and enforced disappearancesperpetrated by members of the security forcesremained unpunished.b In July the bodies of eight people, including twochildren, were found on a ranch in the villages of LaVictoria and El Nula in Alto Apure region, on the border


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with Colombia. Their hands were tied and they hadbeen shot and their bodies burned. Witness accountsand initial evidence obtained by the police indicatedthat several members of the military had been involvedin the killings. Despite this, only one member of themilitary was charged and tried for this crime. Humanrights organizations alleged that this was part of a widerpattern of human rights violations by the same militaryunit against rural communities in Apure state.b Melquiades Villaroel was threatened in Februaryafter a judge sentenced five police officers to 25 years’imprisonment for the killing of her son Rafael MorenoVillaroel and two others, including a child, in El Tigre,Anzoátegui state, in March 2001.b There were concerns for the safety of the Mendozafamily in Araure, Portuguesa state, following a shootingat their house in March. The Mendoza family had takenpart in the trial of 11 police officers accused of the killingof seven people, including three members of theirfamily.

Human rights defendersHuman rights defenders continued to be threatenedand intimidated. In May the Inter-AmericanCommission on Human Rights reiterated its concern atthreats and other open hostility towards human rightsdefenders by government officials who publiclyreferred to human rights defenders as “coup plotters”and agents of instability.b In April, María del Rosario Guerrero and herhusband, Adolfo Martínez Barrios, were victims of anattempted assassination in Guárico state. They hadbeen the subject of a campaign of defamation andintimidation since 2001, apparently linked to María delRosario Guerrero’s allegations of human rightsviolations by the police in Guárico state. By the end ofthe year, María del Rosario Guerrero was receivingprotection, following a ruling by the Inter-AmericanCourt of Human Rights.b In September, the Public Ministry recommendedthe dismissal of the case and closure of theinvestigation into the threats and acts of intimidationagainst members of the human rights organizationCOFAVIC (Comité de Familiares de Víctimas de lossucesos de Febrero-Marzo de 1989). A court ruling onthe recommendation was pending at the end of theyear. Staff from COFAVIC feared for their safety as thedismissal of this case might mean the withdrawal ofpolice protection.

There were concerns that a draft law oninternational co-operation which would allowgovernment officials to decide which non-governmental organizations could access internationalfunds, could be used to restrict the work of humanrights defenders.

Violence against womenViolence against women remained a concern. InNovember the National Assembly passed the Organiclaw on the right of women to a life free of violence. Thelaw criminalized physical, sexual and psychologicalviolence in the home, the community and at work, as

well as forced sterilization, trafficking, forcedprostitution, and sexual harassment and slavery. Thelaw established tribunals specializing in cases ofgender-based violence.

Attacks against journalistsThreats and attacks against journalists continued.b The Special Rapporteur for Freedom of Expressionof the Organization of American States expressedconcern about the killing in April of Jorge Aguirre, aphotographer for the newspaper El Mundo. He wasreportedly shot dead at a demonstration in Caracasprotesting against high levels of crime and insecurity,following the kidnapping and killing of three students.A former police officer was charged with the shooting.At the end of the year he was awaiting trial.b In August, Jesús Flores Rojas, Co-ordinator of thenewspaper Región in El Tigre, Anzoátegui state, whohad exposed corruption by local civil servants, was shoteight times in the head while he was parking his car infront of his house. The men allegedly responsible forthe shooting were reportedly shot and killed by police.Three police officers were reportedly detained,accused of involvement in the killing of Jesús FloresRojas. At the end of the year it was not known whetherthe Public Ministry had pressed charges.

AI country reports/visitsStatement• Venezuela: Open letter to candidates in the

December 2006 presidential elections (AI Index:AMR 53/008/2006)

VisitAI delegates visited Venezuela in July.


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VIET NAMSOCIALIST REPUBLIC OF VIET NAMHead of state: Nguyen Minh Triet (replaced Tran DucLuong in June)Head of government: Nguyen Tan Dung (replaced PhanVan Khai in June)Death penalty: retentionistInternational Criminal Court: not ratified

Restrictions on freedom of expression andassociation continued. Members of unauthorizedchurches seen as opposing state policies facedharassment. Dissidents using the Internet wereharassed, threatened and imprisoned. Small groupsof ethnic minority Montagnards continued to fleehuman rights violations in the Central Highlands andseek asylum in neighbouring Cambodia; at least 250remained imprisoned after unfair trials in Viet Nam.Despite proposals to limit the scope of the deathpenalty, at least 36 death sentences and 14executions were reported.

BackgroundIn February the ruling Communist Party of Viet Nam(CPV) for the first time invited public comments on thedraft Political Report before its adoption at the party’sNational Congress. The report outlined guidelines andpolicies for national construction, party building and alaw-governed socialist state until 2010. In April theCongress elected a new politburo and central committee.

A major reshuffle of the government leadership tookplace in June, with the appointment of a new President,Prime Minister and Chairperson of the NationalAssembly.

Public concern about corruption scandals increased,in particular one involving senior officials at theMinistry of Transport and police officials.

Four prisoner amnesties resulted in the release of19,914 prisoners, including two prisoners of conscience.

The Supreme Patriarch of the banned UnifiedBuddhist Church of Viet Nam, Thich Huyen Quang, 87,exiled for 24 years in remote provinces, was allowed totravel to Ho Chi Minh City for medical treatment and torecover briefly at the Giac Hoa Pagoda there. Hisdeputy, Thich Quang Do, 77, was awarded Norway’sRafto Prize in November for his “personal courage andperseverance through three decades of peacefulopposition”.

International relationsTrade negotiations were a major focus during the year.Viet Nam hosted APEC (Asia Pacific EconomicCooperation) meetings, culminating in a Novembersummit of economic leaders including US PresidentBush for the first time. During this time harassment andthreats against leading dissidents increased andattempts were made to ensure that they could not meetor talk with foreigners. The US Congress voted to confer

Permanent Normal Trade Relations (PNTR) inDecember. Negotiations for entry into the World TradeOrganization were finalized in November.

Restrictions on freedom of expression and theInternetPolitical dissidents, including those using the Internetto talk about human rights, democracy and politicalchange, were harassed, threatened and imprisonedunder national security legislation. The authoritiesincreased efforts to tighten control of the Internetthrough new regulations, monitoring by Internet caféowners and Internet Service Providers, and by filteringand blocking websites.Bloc 8406Despite these constraints, in April activists launchedan online petition signed by 118 democracy activistscalling for peaceful political change and respect forhuman rights. This Internet-based pro-democracymovement became known as Group 8406, or Bloc8406. A further 2,000 people went on to sign thepetition. Several of the original signatoriessubsequently faced harassment, interrogation,restrictions on movement and confiscation ofcomputers for attempting to publish a bulletin namedFreedom and Democracy (To Do Dan Chu).b Truong Quoc Huy, 25, was arrested with two of hisbrothers and a young woman in October 2005 aftertaking part in a chat room hosted by the PalTalkwebsite entitled “The voice of people in Viet Nam andAbroad”. He was detained incommunicado for ninemonths until his release in July. After his release hepublicly supported Bloc 8406 and was rearrested in anInternet café in Ho Chi Minh City in August afterlogging on to the PalTalk website. He has reportedlybeen charged under Article 88 of the Criminal Codefor “conducting propaganda against the SocialistRepublic of Viet Nam.”b Internet dissident Nguyen Vu Binh, arrested inSeptember 2002 and sentenced to seven years’imprisonment, remained in prison at the end of theyear. Dr Pham Hong Son and Nguyen Khac Toan werereleased from prison under amnesties into a three-yearperiod of “probation”, including interrogations, severerestrictions on freedom of movement, association andexpression.

Central Highlands/MontagnardsHuman rights violations against ethnic minorityMontagnards in the Central Highlands continued. Theseincluded restrictions on movement and forcingChristians belonging to unauthorized house churches torenounce their religion. Reports of arrests and ill-treatment continued. More than 250 Montagnardssentenced to lengthy prison terms in connection withthe 2001 and 2004 protests around land ownership andreligious freedom remained imprisoned.

In April, two Montagnard students were reportedlyarrested and detained for 18 days in a district prison inDak Lak province, where they were interrogated andbeaten by police. The two were accused of sending listsof political prisoners abroad via the Internet.


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Small groups of Montagnards attempted to seekasylum in neighbouring Cambodia, where theirsituation was precarious. The Memorandum ofUnderstanding (MOU) between Viet Nam, Cambodiaand the UN refugee agency UNHCR, signed in January2005 to resolve the situation of asylum-seekers,remained in place. It appeared to have been violated bythe Vietnamese authorities, with reports that in somecases people who had returned from Cambodia to VietNam under the MOU were detained, interrogated andill-treated.b In June, six members of the E De and M’nong ethnicgroups were sentenced to between three and sevenyears’ imprisonment on charges of violating “nationalunity policies” and organizing illegal migration. Theywere accused of inciting people to public unrest andassisting others to flee to Cambodia.

Death penaltyIn February the Ministry of Public Security proposedlimiting the scope of the death penalty. A proposalsubmitted for consideration to the central judicialreform commission recommended that economiccrimes such as fraud and embezzlement, smuggling,counterfeiting and bribery should no longer be capitaloffences. It was reported that this would reduce thenumber of capital offences from 29 to 20. Somediscussion by legislators took place in the NationalAssembly. However, by the end of the year the proposalhad not become law. At least five women and six menconvicted of economic crimes were believed to remainon death row.

According to media monitoring at least 36 deathsentences were imposed and 14 executions carried out,including five women, the majority for drug traffickingoffences. The true number is believed to be muchhigher. Classification of statistics on the death penaltyas a “state secret” prevented full and transparentreporting.b Phung Long That, the former head of the anti-smuggling investigating division of Ho Chi Minh Citycustoms department, was executed by firing squad inMarch. He had been sentenced to death in April 1999after being convicted of accepting bribes and smugglinggoods worth US$70 million.

AI country reports/visitsReports• Socialist Republic of Viet Nam: Duong Quang Tri –

Sentenced to death for fraud (AI Index: ASA41/004/2006)

• Socialist Republic of Viet Nam: A tightening net –Web-based repression and censorship (AI Index: ASA 41/008/2006)

YEMENREPUBLIC OF YEMENHead of state: ‘Ali ‘Abdullah SalehHead of government: ‘Abdul Qader BajammalDeath penalty: retentionistInternational Criminal Court: signed

Dozens of people arrested in previous years in thecontext of the “war on terror” remained inindefinite detention without trial. Two escapedprisoners were killed by the security forces incircumstances that suggested they may have beenextrajudicially executed. Political prisoners weretried in special courts whose proceedings fell farshort of international standards. Dozens ofdetainees were released in Sa’da Province, buthundreds were believed to be still detained at theend of the year. Death sentences continued to beimposed and at least 30 people were reported tohave been executed.

BackgroundPresidential and local elections in September wereaccompanied by sporadic clashes between rival partysupporters, some arrests and the blocking of at leasttwo independent websites by the government.However, the elections were assessed as generally“open and genuine” by a European Union observermission. President ‘Ali ‘Abdullah Saleh was re-elected with a large majority. Before the election,women’s groups rallied in the capital Sana’a to callfor more women candidates in the local elections, inwhich women comprised only 2 per cent ofcandidates.

Unrest in Sa’da ProvinceDozens of members of the Zaidi community andfollowers of Hussain Badr al-Din al-Huthi, a Zaidi clerickilled in 2004, were released following negotiationsbetween members of the Zaidi community and thegovernment. Some had been detained after violentclashes between Zaidis and government security forcesin previous years in Sa’da Province. Despite a ceasefireand presidential amnesty in September 2005, there wasfurther violence early in 2006 in which dozens ofpeople were reported to have been killed. However,few details emerged and a government clampdownprevented access to the region by the media andindependent observers.

The trial of the so-called Sana’a cell – 37 members ofthe Zaidi community alleged to belong to the FaithfulYouth organization and charged with causingexplosions and plotting to kill military and politicalleaders — concluded in November. One defendant,Ibrahim Sharaf al-Din, was sentenced to death, 34others received prison terms of up to eight years, andtwo were acquitted. Both the prosecution and defencereportedly lodged appeals.


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‘War on terror’Dozens of people continued to be detained withoutcharge or trial as suspects in the “war on terror”. Theywere denied access to lawyers and had no recourse tothe courts to challenge the legality of their detention.

The authorities divulged no information about thelegal status or whereabouts of Hadi Saleh Bawazir, whowas reportedly detained by Political Security officers inearly 2005 when he sought to travel to Iraq.b Five foreign nationals reportedly studying inYemen were arrested on 15 October in connection withan alleged plot to smuggle arms into Somalia. Theywere held at the Political Security prison in Sana’awhere they were denied access to their families butgiven some access to consular officials. On 16December, ‘Abdullah Mustafa bin ‘Abdul Rahim Aioband his brother, Mohammed Illias bin ‘Abdul RahimAiob, and Marek Samouslki, all Australian nationals, aswell as Rasheed Shams Laskar, a UK national, and KinithSorenson, a Danish national, were released withoutcharge. The men, along with their families, were said tohave been told to leave the country. The Aiob brothershad been released on 2 December but were rearrestedon 13 December.

Salah Addin al-Salimi, a Yemeni national captured byUS forces in Afghanistan in 2002, was one of threedetainees who died in detention at Guantánamo Bay,Cuba, in June. The US authorities said the three hadcommitted suicide (see United States of America entry).

Releasesb In March, the authorities released MuhammadFaraj Ahmed Bashmilah, Salah Nasser Salim ‘Ali Qaruand Muhammad Abdullah Salah al-Assad, all of whomhad been detained since they were returned to Yemenin May 2005 after they had been imprisoned for at least18 months at undisclosed locations abroad by or at thebehest of US authorities. In February, they were triedand convicted on forgery charges but released onaccount of the time they had already spent in prison.b Two former Guantánamo inmates who had beendetained since they were returned to Yemen werereleased. Walid Muhammad Shahir Muhammad al-Qadasi, returned in April 2004, was released withoutcharge in March. Karama Khamis Khamisan, returned inAugust 2005, was tried and acquitted of drug traffickingcharges in March and released in May.b Zaidi clerics Yahia al-Dailami and Mohamed Miftah,both outspoken critics of the US-led invasion of Iraq,were released in May apparently after receivingpresidential pardons. The former had been sentencedto death after an unfair trial in 2005, the sentence laterbeing commuted by the President to a prison term. Thelatter had been serving an eight-year prison term. Bothwere prisoners of conscience. Muhammad ‘Ali Luqman,a Zaidi judge serving a 10-year prison sentence, wasalso pardoned by the President and released in May.

Use of lethal forceFawaz Yahya al-Rabi’ee and Mohamed Dailami, whoescaped in February from the Political Security prisonin Sana’a together with 21 other suspected members of

al-Qa’ida, were killed on 1 October when Yemenisecurity forces reportedly fired from a helicoptergunship at two locations in which the men were hiding.It appeared that the security forces made little or noeffort to apprehend the two men or to offer them anopportunity to surrender.

Special Criminal Court on TerrorismThe Special Criminal Court on Terrorism continued to beused to try terrorism-related cases despite concerns thatit failed to meet international fair trial standards.Defendants were often held incommunicado in extendedpre-trial detention before being charged and brought totrial. The court failed adequately to investigatedefendants’ torture allegations and convicteddefendants on the basis of contested confessions.Defendants’ rights to legal counsel were also severelyconstrained – they were denied access to lawyers whiledetained incommunicado for interrogation, and defencelawyers were reportedly denied access to case files. Theauthorities said that the court’s proceedings were open,but defendants’ relatives reported that they wereprevented from attending hearings.

Prisoners of conscienceA leading human rights activist was detained as wererelatives of people being sought by the authorities.b ‘Ali al-Dailami, executive director of the non-governmental Yemeni Organization for the Defence ofDemocratic Rights and Freedoms, was arrested atSana’a airport on 9 October as he was about to travelabroad. He was detained at the Political Securityprison, where he was held in solitary confinement, until 5 November. His detention was believed to beconnected to his human rights work, including onbehalf of his brother Yahia al-Dailami (see above).b Mohammed al-Kazami, aged 15, was reportedlyarrested in February and detained without charge ortrial at the Political Security prison in Abyan,apparently with the aim of inducing one of his relativesto surrender to the authorities.b Saddam Hussein Abu Saba’ah, Naif Abdulah AbuSaba’ah and Naji Abu Saba’ah were reportedly arrestedin Sana’a on 15 July near to the US Embassy, where theyapparently planned to seek asylum. In September, theywere charged with “harming the reputation of Yemen”and “insulting the President”.b Ibrahim al-Saiani, aged 14, was released withoutcharge in March. He had been held since May 2005when security forces stormed his family home inSana’a, apparently seeking one of his relatives. While indetention, his health gave serious cause for concern.

Freedom of expression curtailedIn February, three newspapers – the Yemen Observer,al-Hurriya and al-Ray Al’am – were suspended forallegedly publishing images offensive to Islam. Thesuspension order was overturned in May by the PrimeMinister. However, the papers’ editors-in-chief –respectively Muhammad al-Asadi, Akram Sabra andKamal al-Olofi – were detained and reportedly chargedwith insulting the Prophet Muhammad in connection


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with their publication of Danish cartoons. They weretried before the Court of Publications and Press. Allthree denied the charges and said that they hadreproduced only small, censored versions of thecartoons in the context of articles devoted to praisingthe Prophet. In December, Kamal al-Olofi wassentenced to one year’s imprisonment suspended andMuhammad al-Asadi was fined. In December, AkramSabra’ was sentenced to a four-month suspended prisonsentence and banned from writing for a month. Both thedefence and prosecution appealed against the sentence.

Death penaltyThe authorities did not make public the number ofpeople who were executed, but there wereunconfirmed reports of at least 30 executions andseveral hundred prisoners were believed to be heldunder sentence of death. Although Article 31 of thePenal Code, Law 12 of 1994, provides that no one underthe age of 18 may be sentenced to death, in Februarythe Supreme Court upheld the death sentence of AdilMuhammad Saif al-Ma’amari, who was convicted in2002 of a murder committed when he was 16. He wasreported to have confessed under torture.b Ismail Lutef Huraish, who is deaf and had not hadthe assistance of a sign language interpreter since hewas arrested in October 1998 in Taiz, and his cousin AliMussara’a Muhammad Huraish, both of whom wereconvicted of murder, remained under imminent threatof execution at the end of the year.b Amina Ali Abdulatif was 16 when sentenced todeath for the murder of her husband. Her execution,scheduled for May 2005, was stayed pending a review ofher case by a committee appointed by the AttorneyGeneral. The committee’s findings had not beendisclosed by the end of the year. A co-defendant,Muhammad ‘Ali Said Qaba’il, was also sentenced todeath and remained on death row.b Fatima Hussein al-Badi and her brother, AbdullahHussein al-Badi, were sentenced to death in February2001 for the murder of her husband. Their deathsentences were confirmed by the Court of Appeal butthe Supreme Court then commuted Fatima Hussein al-Badi’s sentence to a four-year prison term beforereinstating the death penalty. Her brother was executedin May 2005. She appealed to the President to commuteher sentence on the basis that her trial was unfair.

In at least one case, a prisoner under sentence ofdeath was released after family members of a murdervictim accepted diya (financial compensation).Hammoud Murshid Hassan Ahmad, a former armyofficer who had been held since 1994, was freed inFebruary.

Update: 2005 killings of refugeesNo investigation was known to have been held intothe actions of Yemeni security forces who violentlydispersed a number of refugees and asylum-seekerstaking part in a sit-in protest outside the Sana’aoffices of UNHCR, the UN refugee agency, in December2005. Seven people were killed and others sustainedserious injuries.

AI country reports/visitsReport• Terror and counter-terror: Defending our human

rights (AI Index: ACT 40/009/2006)VisitsAI delegates visited Yemen in March and June.

ZAMBIAREPUBLIC OF ZAMBIAHead of state and government: Levy MwanawasaDeath penalty: retentionistInternational Criminal Court: ratified

There was a marked increase in the number of civiliandeaths as a result of police shootings. New legislationconstrained the media’s ability to report on electionsin September. Violent attacks on women remainedcommon. No death sentences were carried out.

BackgroundIncumbent President Levy Mwanawasa delayed theconstitutional review process until 2007. This ensuredthat proposals for the reduction of presidential powers,greater freedom of expression, and electoral reform,did not come into play before general elections held inSeptember 2006. The election campaign was largelypeaceful.

President Mwanawasa and his ruling Movement forMulti-Party Democracy party won the presidential andthe parliamentary election. Urban frustration at thepoor performance of Michael Sata, widely expected towin the presidential race, resulted in violent clashes inLusaka and on the Copperbelt. Over 100 people wereformally arrested and charged with riotous behaviour.

The corruption case against former PresidentFrederick Chiluba remained unresolved. After winningthe election, President Mwanawasa signalled hisintention to complete the case during his second termof office. In November, Samuel Musonda, a formerdirector of the bank alleged to have been fraudulentlyused by Frederick Chiluba, was sentenced to two years’imprisonment with hard labour.

Freedom of expression and the mediaIn general 2006 saw less harassment of the media bythe government than 2005, although the pressremained subject to censorship, especially aroundelection time. In July, ahead of the elections, a newelectoral act was passed which prohibited the reporting


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of “speculative analysis, unsourced opinion polls, andpredictions of the result before the officialannouncement.”

The government resisted pressure to pass theFreedom of Information Bill, which would compelpublic officials to release certain types of governmentinformation.b In February, the government decided not toprosecute Fred M’membe, editor of the independentnewspaper The Post. He had been charged withinsulting the President in November 2005.b In March, two journalists working for RadioChikuni in the Southern Province were arrested andcharged with publishing false news with intent to causefear and alarm to the public. They were detainedovernight and then provisionally released. The chargestemmed from a broadcast about a young boy founddead after going missing. The body was said to bemutilated, and local residents suspected that the boywas the victim of a ritual killing.b In September, senior police officers visited theLusaka-based Q-FM Radio and demanded that it ceaseits coverage of the elections which police claimed was“inciting the nation”. The radio station had beencarrying live broadcasts of press conferences, electionresults and post-election events.b In November the government moved to restrict theactivities of Michael Sata and his Patriotic Front party.On 22 November, President Mwanawasa instructed thepolice not to grant Michael Sata permission to holdpost-election rallies, but the Solicitor-General, SundayNkonde, overruled the ban. In response, the Presidentcalled on the Solicitor-General to resign. On 5December, Michael Sata was arrested and charged withmaking a false declaration of his assets in August whenbeing nominated for the presidential elections. Thecharge carried a minimum penalty of two years in jail.

Violence against womenA UN report released in November found that 49 percent of Zambian women said they had been abusedduring their lives.

The death penaltyIn November, the Supreme Court rejected a petition bytwo death row inmates which sought the abolition ofcapital punishment on the grounds that it contravenedChristian values. There were 200 people on death rowbut there have been no executions since PresidentMwanawasa came to power.

PolicingThere was a marked increase in the number of policeshootings.b In early September, two teenagers were shot deadby police in Lusaka’s Ng’ombe compound. Followingprotests by local residents, the police officer involved in the shooting was arrested and was underinvestigation at the end of the year.b In early October, one man was killed and anotherseverely injured as police opened fire on a group ofangry residents in Matero.

b In mid-November, three former street childrenwere shot and wounded by police officers shooting intothe air to disperse a crowd. The Acting Police Chief ofCopperbelt Province condemned the shootings andannounced an investigation.

In October the use of firearms on general dutypatrols was prohibited, and plans were announced toretrain police officers in crowd managementtechniques.

ZIMBABWEREPUBLIC OF ZIMBABWEHead of state and government: Robert MugabeDeath penalty: retentionistInternational Criminal Court: signed

The human rights situation continued to deteriorate,in a context of escalating poverty. Freedom ofexpression, assembly and association continued tobe curtailed. Hundreds of people were arrested forparticipating or attempting to engage in peacefulprotest. Police were accused of torturing humanrights defenders in custody. The situation ofthousands of people whose homes were destroyed aspart of Operation Murambatsvina (Restore Order) in2005 continued to worsen, with no effective solutionplanned by the authorities. The governmentcontinued to obstruct humanitarian efforts by theUN and by local and international non-governmentalorganizations.

BackgroundIn January the African Commission on Human andPeoples’ Rights (African Commission) submitted to theExecutive Council of the African Union a criticalresolution on the human rights situation in Zimbabwethat it had passed in late 2005. In its response, thegovernment of Zimbabwe asked the AfricanCommission to revoke the resolution, arguing thatprocedures had not been followed. The government’sarguments were entirely procedural, and did notaddress the serious human rights concerns raised. Thegovernment had repeatedly failed to implement therecommendations contained in the 2002 report of theAfrican Commission’s Fact Finding Mission and the 2005report by the UN Secretary General’s Special Envoy onHuman Settlement Issues in Zimbabwe.

In August the Reserve Bank of Zimbabwe introducednew banknotes to replace the old ones, reducing their


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face value by a factor of 1,000. For example, a Z$20,000note was replaced by a Z$20 note. People were given 21days to exchange their old notes before they stoppedbeing legal tender, but a limit of Z$100 million (US$400)was imposed on the amount of cash people could carry.Nationwide roadblocks were established to enforce theprogramme, known as Project Sunrise. Human rightsabuses were reported at roadblocks manned by policeofficers, Reserve Bank officials and in some casesmembers of the pro-government youth militia. Peoplewere reportedly assaulted and subjected to degradingand inhuman treatment, including being forced toremove clothing during searches. Police at someroadblocks confiscated money, even when the victimshad less than the stipulated maximum.

By the end of the year inflation was running at morethan 1,000 per cent.

Right to adequate housingOperation Garikai/Hlalani Kuhle (Better Life), a house-building programme launched in 2005 ostensibly toprovide housing to victims of mass forced evictions,failed to provide a remedy for the majority of them.

By May, one year after the programme’s launch, only3,325 houses had been built, compared to 92,460housing structures destroyed in OperationMurambatsvina. Construction in many areas appearedto have stopped. Many of the houses designated as“built” were unfinished, without access to water orsewage facilities, and uninhabited.

Moreover, the new houses were largely inaccessibleto the hundreds of thousands of victims of the forcedevictions. They were too expensive for the majority toafford, even if they were offered the chance to purchasethem, which frequently they were not. The process forallocating the new – albeit largely incomplete – housesand bare residential plots lacked transparency. Housesand land plots were allocated to people who had notlost their homes during Operation Murambatsvina andat least 20 per cent of the houses built were earmarkedfor civil servants, police and soldiers.

Despite the government’s repeated claims thatOperation Garikai/Hlalani Kuhle was a programmeunder which houses would be built by government forvictims of mass evictions, in reality people wereallocated small bare plots of land, without access toadequate water or sanitation, on which they had tobuild their own homes with no assistance.

The government continued to forcibly evict groups ofpeople, often from the place where they had movedafter their homes were demolished during OperationMurambatsvina. These forced evictions were traumaticfor victims and resulted in further loss of possessions.At least three small-scale evictions were reported inHarare alone.b In April and May the police threatened to forciblyacquire 200 plots of land at Hatcliffe Extension NewStands settlement just outside Harare to extend anearby police boarding school. Fifteen families wouldbe affected. After protests by AI and the ZimbabweLawyers for Human Rights, the authorities reversedthe decision.

b On 15 June municipal police forcibly evicted a groupof approximately 150 internally displaced householdswho were living in makeshift shacks along the Mukuvisiriver in Harare. The group had been living there sincethe brick cottages they had been renting weredestroyed a year before. The police pulled down theirstructures with crowbars and set them alight. They told the people they had to move, but provided noalternative accommodation.

Obstruction of humanitarian aidThe government continued to hinder and frustratehumanitarian efforts to provide emergency shelter.After repeated rejections of UN temporary sheltersolutions during 2005, in March the UN was finally givenpermission to erect some temporary shelters. By theend of 2006 approximately 2,300 shelters had beenerected. This compared with a UN target for theprovision of emergency shelter, based on need, of40,000 households in August 2005, reduced to a targetof 23,000 households in 2006.

The right to foodDespite a somewhat better harvest, millions of peoplecontinued to experience serious food insecurity.Inflation continued to place basic food items beyondthe reach of many poor people. According to the UNWorld Food Programme (WFP), maize pricesincreased by 25 per cent between September andOctober. The WFP’s limited emergency feedingprogramme for vulnerable groups experiencedshortages of cereals and pulses, resulting in just331,000 people being assisted against a planned800,000 people for October.

Freedom of association and assembly curtailedThe Public Order and Security Act (POSA) and theMiscellaneous Offences Act continued to be usedselectively to prevent the political opposition and civilsociety groups from meeting or engaging in peacefulprotest. Hundreds of human rights activists werearrested or detained under these laws during the year.

Freedom of expressionRepressive laws, including the Access to Informationand Protection of Privacy Act and the BroadcastingServices Act, were used to curtail freedom ofexpression. In July the government introduced theInterception of Communications Bill in Parliamentwhich if passed into law would further restrict freedomof expression. It would allow the authorities tointercept both telecommunications and mail, andraised fears that the government would use it to spy onthe activities of human rights organizations and thepolitical opposition.b The trial of trustees and staff of Voice of the People,an independent radio station that broadcast fromoutside Zimbabwe but maintained offices in thecountry, started on 25 September. The state withdrewcharges against the individuals and was to charge theVoice of the People Trust under the BroadcastingServices Act for broadcasting without a licence.


ZIM

Human rights defendersHuman rights defenders came under sustained attackby the authorities and the police. Repressive legislationcontinued to be used to obstruct their work, andhundreds were subjected to arbitrary arrest, torture,ill-treatment and harassment.b In the early hours of 18 January, two police officersand a soldier arrived at the Mutare home of prominenthuman rights lawyer Arnold Tsunga, demanding to seehim. When they were told that he was not there, theydetained his domestic staff. The workers were laterreleased without charge after Zimbabwe Lawyers forHuman Rights, of which Arnold Tsunga is ExecutiveDirector, intervened. On 21 January, police visited hishouse in the capital, Harare, apparently to arrest him asa Voice of the People trustee. Arnold Tsunga was notthere, and police arrested a driver and a caretaker,allegedly for obstructing investigations when they saidthey did not know where he was. On 26 January, ArnoldTsunga received a credible warning that the ZimbabweMilitary Intelligence Corps had been ordered to kill him.b On 11 September, over 100 members of the activistgroup Women of Zimbabwe Arise (WOZA) werearrested ahead of a planned peaceful sit-in at TownHouse in Harare to protest against deterioratingservices. Among those arrested and detained were fivemothers with babies and a pregnant woman, whoreportedly went into labour while in police custody.Many were detained in deplorable conditions forlonger than the 48 hours allowed in law, and were helduntil 14 and 15 September. The women were chargedwith “participating in a public gathering with the intentto cause public disorder, breach of peace or bigotry.”They were acquitted on 23 October.b On 13 September police arrested LovemoreMatombo, President of the Zimbabwe Congress of TradeUnions (ZCTU), Wellington Chibebe, the ZCTU SecretaryGeneral, Lucia Matibenga , ZCTU First Vice-President,and 12 other activists from the ZCTU and the Movementfor Democratic Change, the main opposition party. Theyhad been attempting to undertake a peaceful protestabout deteriorating social and economic conditions inZimbabwe. All 15 were reportedly tortured in custody atMatapi police station on 13 September. They weretransferred to Harare Central Police Station on 14September and released. Medical reports confirmedthat they had injuries consistent with beatings withblunt objects, heavy enough to cause fractures to handsand arms, and severe multiple soft tissue injuries to thebacks of the head, shoulders, arms, buttocks and thighs.The doctors also stated that eight of the activists hadinjuries consistent with the torture method calledfalanga (beatings on the soles of the feet), which cancause permanent problems with walking. The beatingswere so severe that Lucia Matibenga had one of her eardrums perforated as a result.

Scores of ZCTU members were also arrested anddetained in Harare, Beitbridge, Bulawayo, Mutare andother urban centres. On the eve of the protests, on 12September, in an apparent pre-emptive action, police hadalso reportedly arrested a number of ZCTU leaders at theirhomes and offices in Rusape, Gweru, Chinhoyi and Kariba.

Domestic Violence BillThe Domestic Violence Bill was passed by the House ofAssembly (lower chamber of Zimbabwe’s Parliament) inNovember and awaited transmission to the Senate. Ifthe bill became law it would outlaw harmful culturalpractices including pledging of women or girls for thepurposes of appeasing spirits, female genitalmutilation, forced wife inheritance, and forcedvirginity testing. A council mandated to deal withdomestic violence issues would be established and itwould be mandatory for all police stations to establisha section to deal with cases of domestic violence.

Human rights commissionIn September the government embarked on aconsultation process for the establishment of a humanrights commission. The process was facilitated by theUnited Nations Development Programme. Thegovernment’s proposal to establish a human rightscommission was widely seen as yet another move bythe government to divert attention from the serioushuman rights crisis unfolding in the country.

AI country reports/visitsReports• Zimbabwe: No justice for the victims of forced

evictions (AI Index: AFR 46/005/2006)• Zimbabwe: Quantifying destruction – satellite images

of forced evictions (AI Index: AFR 46/014/2006)• Zimbabwe: Shattered lives – the case of Porta Farm

(AI Index: AFR 46/004/2006)VisitAI delegates visited Zimbabwe in April/May.


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SELECTEDINTERNATIONALAND REGIONALHUMAN RIGHTSTREATIES(AT 31 DECEMBER 2006)

SELECTED INTERNATIONAL HUMAN RIGHTS TREATIESPAGES 294 – 305

SELECTED REGIONAL HUMAN RIGHTS TREATIES PAGES 306 – 310

States which have ratified or acceded to a convention are party to the treatyand are bound to observe its provisions. States which have signed but not yetratified have expressed their intention to become a party at some futuredate; meanwhile they are obliged to refrain from acts which would defeat theobject and purpose of the treaty.

SELECTED INTERNATIONAL HUMAN RIGHTS TREATIES


Inte

rnat

iona

l Cov

enan

t on

Civi

l and

Polit

ical

Rig

hts (

ICCP

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(firs

t) O

ptio

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roto

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Seco

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aim

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at th

e ab

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f the

deat

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nalty

Inte

rnat

iona

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enan

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Econ

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,So

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Conv

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Opt

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the

Righ

ts o

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Child

(CRC

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Opt

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CRC

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volv

emen

t of c

hild

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in a

rmed

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lict

Inte

rnat

iona

l Con

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ion

on th

eEl

imin

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All

Form

s of R

acia

lD

iscrim

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Conv

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n ag

ains

t Tor

ture

and

Oth

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ruel

, Inh

uman

or D

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Trea

tmen

t or P

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Afghanistan l l l l l l l28

Albania l l l l l l l

Algeria l l l l l l l22

Andorra l l l l l l l l l22

Angola l l l l l

Antigua and Barbuda l l l l l

Argentina l l ll l l ll l l l l22

Armenia l l l l l l l l l

Australia l l l l l l l l l22

Austria l l l l l l l l l l22

Azerbaijan l l l l l l l l l l22

Bahamas l l l

Bahrain l l l l l l

Bangladesh l l l l10 l l l l

Barbados l l l l l l

Belarus l l l l l l l l l

Belgium l l l l l l l l l l22

Belize l ll l l10 l l l l

Benin l l l l ll l l l l

Bhutan l l ll ll

Bolivia l l l l l l l l l22

Bosnia and Herzegovina l l l l l l l l l l22

Botswana l l l l l l

Brazil l l l l l l l l22

Brunei Darussalam l l

Bulgaria l l l l l l l l l l22

Burkina Faso l l l l l l ll l l

Burundi l l l ll l ll l l22

Cambodia l ll l l ll l l l l

Cameroon l l l l l l ll l l22

Canada l l l l l l l l l l22

Cape Verde l l l l l l l l l

Central African Republic l l l l l l

Chad l l l l l l l l

Chile l l ll l l ll l l l l22

China ll l l l ll l l28



l l l Afghanistan

l l l l l l Albania

l l l l ll Algeria

l Andorra

l l ll Angola

l l l l Antigua and Barbuda

l l l l ll l Argentina

l l l l l ll Armenia

l l l l l Australia

ll l l l l Austria

ll l l l l l Azerbaijan

l l ll Bahamas

ll Bahrain

ll ll Bangladesh

l l Barbados

l l Belarus

ll l l l l Belgium

l l l l l Belize

l l l ll l Benin

Bhutan

l l l l l l l Bolivia

l l l l l l Bosnia and Herzegovina

l l l l Botswana

ll l l l l Brazil

Brunei Darussalam

l l l Bulgaria

ll l l l l Burkina Faso

l l l Burundi

ll l l ll l Cambodia

l l ll Cameroon

l l l l Canada

l l ll Cape Verde

l l l Central African Republic

l l l l l Chad

ll l l l ll Chile

l l China

Opt

iona

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toco

l to

the

Conv

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nag

ains

t Tor

ture

Conv

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latin

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the

Stat

us o

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Prot

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rela

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Conv

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latin

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Conv

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61)

Inte

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ll M

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l state is a party

l state became party in 2006

ll signed but not yet ratified

ll signed in 2006, but not yet ratified

10 Declaration under Article 10not recognizing thecompetence of the CEDAWCommittee to undertakeconfidential inquiries intoallegations of grave orsystematic violations

22 Declaration under Article22 recognizing thecompetence of theCommittee against Torture(CAT) to consider individualcomplaints

28 Reservation under Article28 not recognizing thecompetence of the CAT toundertake confidentialinquiries into allegations ofsystematic torture ifwarranted

12 Declaration under Article 12(3) accepting thejurisdiction of theInternational Criminal Court(ICC) for crimes in itsterritory

124 Declaration under Article124 not accepting thejurisdiction of the ICC overwar crimes for seven yearsafter ratification

* Signed the Rome Statutebut have since formallydeclared their intention notto ratify



Inte

rnat

iona

l Cov

enan

t on

Civi

l and

Polit

ical

Rig

hts (

ICCP

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(firs

t) O

ptio

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roto

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nd O

ptio

nal P

roto

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o th

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aim

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at th

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oliti

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f the

deat

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Inte

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Conv

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Opt

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Inte

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Comoros l l l ll

Congo, Republic of l l l l l l l

Cook Islands l l

Costa Rica l l l l l l l l l l22

Côte d’Ivoire l l l l l l l

Croatia l l l l l l l l l l22

Cuba l ll l ll l l28

Cyprus l l l l l l l l l22

Czech Republic l l l l l l l l l l22

Democratic Republic of the Congo l l l l l l l l

Denmark l l l l l l l l l l22

Djibouti l l l l l l ll ll l

Dominica l l l l l

Dominican Republic l l l l l l ll l ll

Ecuador l l l l l l l l l l22

Egypt l l l l l l

El Salvador l l l l ll l l l l

Equatorial Guinea l l l l l l l28

Eritrea l l l l l l

Estonia l l l l l l ll l l

Ethiopia l l l l l l

Fiji l l ll l

Finland l l l l l l l l l l22

France l l l l l l l l l22

Gabon l l l l l ll l l

Gambia l l l l l ll l ll

Georgia l l l l l l l l l22

Germany l l l l l l l l l l22

Ghana l l l l ll l ll l l22

Greece l l l l l l l l l l22

Grenada l l l l ll

Guatemala l l l l l l l l l22

Guinea l l l l l l l

Guinea-Bissau ll ll ll l l ll l ll ll ll

Guyana l l l l l l l



l l ll l l124 Colombia

ll l Comoros

l l l Congo, Republic of

Cook Islands

l l l l l l Costa Rica

l l ll12 Côte d’Ivoire

l l l l l Croatia

Cuba

ll l l l Cyprus

l l l l l ll Czech Republic

l l l Democratic Republic of the Congo

l l l l l l Denmark

l l l Djibouti

l l l Dominica

l l ll l Dominican Republic

l l l l l Ecuador

l l l ll Egypt

l l ll l El Salvador

l l Equatorial Guinea

ll Eritrea

l l l l Estonia

l l Ethiopia

l l l l Fiji

ll l l l l Finland

ll l l l ll l124 France

ll l l ll l Gabon

l l l Gambia

l l l l Georgia

ll l l l l l Germany

ll l l l l Ghana

l l l l Greece

Grenada

ll l l l l l Guatemala

ll l l l l l Guinea

l l ll ll Guinea-Bissau

ll l Guyana

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Conv

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Inte

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l Cov

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Civi

l and

Polit

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Rig

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ICCP

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(firs

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ptio

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roto

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o th

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CPR

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nal P

roto

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o th

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aim

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f the

deat

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Inte

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l Cov

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omic

,So

cial

and

Cul

tura

l Rig

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Conv

entio

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llFo

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the

Righ

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(CRC

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Opt

iona

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on th

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hild

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in a

rmed

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Inte

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imin

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Holy See l l l l

Honduras l l ll l l l l l l

Hungary l l l l l l l ll l l22

Iceland l l l l l l l l l l22

India l l l l l l ll

Indonesia l l l ll l ll l l28

Iran l l l l

Iraq l l l l l

Ireland l l l l l l l l l l22

Israel l l l l l l l28

Italy l l l l l l l l l l22

Jamaica l l l l l l

Japan l l l l l l l

Jordan l l l l ll l l

Kazakstan l l l l l l l l

Kenya l l l l l l l

Kiribati l l

Korea (Democratic People’s Republic of) l l l l

Korea (Republic of) l l l l l l l l l

Kuwait l l l l l l l28

Kyrgyzstan l l l l l l l l l

Laos ll ll l l l l

Latvia l l l l l l l l

Lebanon l l l l ll l l

Lesotho l l l l l l l l l

Liberia l ll l l l ll l ll l l

Libya l l l l l l l l l

Liechtenstein l l l l l l l l l l22

Lithuania l l l l l l l l l l

Luxembourg l l l l l l l l l l22

Macedonia l l l l l l l l l l

Madagascar l l l l ll l l l l

Malawi l l l l ll l ll l l

Malaysia l l

Maldives l l l l l l l l l



l l ll Haiti

l l ll Holy See

l l l ll l l Honduras

l l l l Hungary

ll l l l Iceland

India

ll Indonesia

l l ll Iran

Iraq

l l l l l Ireland

l l l ll ll* Israel

ll l l l l Italy

l l ll Jamaica

l l Japan

l Jordan

l l Kazakstan

l l l Kenya

l l Kiribati

Korea (Democratic People’s Republic of)

l l l l Korea (Republic of)

ll Kuwait

l l l ll Kyrgyzstan

Laos

l l l l l Latvia

Lebanon

l l l l l l Lesotho

l l l l l ll l Liberia

l l l Libya

l l l ll l Liechtenstein

l l l l Lithuania

ll l l l l Luxembourg

ll l l l l Macedonia

ll l ** ll Madagascar

l l l Malawi

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l Maldives

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us o

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Prot

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Conv

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us o

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ess P

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ns (1

954)

Conv

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Redu

ctio

n of

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eles

snes

s (19

61)

Inte

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** Acceded in 1962 but in1965 denounced theConvention; denunciationtook effect on 2 April 1966



Inte

rnat

iona

l Cov

enan

t on

Civi

l and

Polit

ical

Rig

hts (

ICCP

R)

(firs

t) O

ptio

nal P

roto

col t

o th

e IC

CPR

Seco

nd O

ptio

nal P

roto

col t

o th

eIC

CPR,

aim

ing

at th

e ab

oliti

on o

f the

deat

h pe

nalty

Inte

rnat

iona

l Cov

enan

t on

Econ

omic

,So

cial

and

Cul

tura

l Rig

hts

Conv

entio

n on

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inat

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of A

llFo

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n ag

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iona

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l to

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AW

Conv

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n on

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Righ

ts o

f the

Child

(CRC

)

Opt

iona

l Pro

toco

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on th

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volv

emen

t of c

hild

ren

in a

rmed

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lict

Inte

rnat

iona

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on th

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Form

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Mauritania l l l l l l28

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Mexico l l l l l l l l l22

Micronesia l l ll

Moldova l ll l l l l l l l l

Monaco l l l l l l l l22

Mongolia l l l l l l l l l

Montenegro l l l l l l l l l22

Morocco l l l l l l l

Mozambique l l l l l l l

Myanmar l l

Namibia l l l l l l l l l l

Nauru ll ll l ll ll ll

Nepal l l l l l ll l ll l l

Netherlands l l l l l l l ll l l22

New Zealand l l l l l l l l l l22

Nicaragua l l ll l l l l l l

Niger l l l l l l l l

Nigeria l l l l l ll l l

Niue l

Norway l l l l l l l l l l22

Oman l l l l

Pakistan ll l l ll l

Palau l

Panama l l l l l l l l l l

Papua New Guinea l l l

Paraguay l l l l l l l l l l22

Peru l l l l l l l l l22

Philippines l l ll l l l l l l l

Poland l l ll l l l l l l 28l22

Portugal l l l l l l l l l l22

Qatar l l l l

Romania l l l l l l l l l l



l l l l l Mali

l l l l Malta

l Marshall Islands

l l Mauritania

l l Mauritius

l l l l l l Mexico

Micronesia

l l l ll Moldova

l ll Monaco

l Mongolia

l l l l ll l Montenegro

l l l ll Morocco

l l ll Mozambique

Myanmar

l l l Namibia

l Nauru

Nepal

ll l l l l l Netherlands

ll l l l l New Zealand

l l l Nicaragua

l l l l Niger

l l l Nigeria

Niue

ll l l l l l Norway

ll Oman

Pakistan

Palau

l l l Panama

l l Papua New Guinea

l l l ll l Paraguay

l l l l l Peru

l l ll l ll Philippines

l l l l Poland

ll l l l Portugal

Qatar

ll l l l l l Romania

Opt

iona

l Pro

toco

l to

the

Conv

entio

nag

ains

t Tor

ture

Conv

entio

n re

latin

g to

the

Stat

us o

fRe

fuge

es (1

951)

Prot

ocol

rela

ting

to th

e St

atus

of

Refu

gees

(196

7)

Conv

entio

n re

latin

g to

the

Stat

us o

fSt

atel

ess P

erso

ns (1

954)

Conv

entio

n on

the

Redu

ctio

n of

Stat

eles

snes

s (19

61)

Inte

rnat

iona

l Con

vent

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on th

ePr

otec

tion

of th

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ghts

of A

ll M

igra

ntW

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ir Fa

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e St

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the

Inte

rnat

iona

lCr

imin

al C

ourt

l state is a party












Inte

rnat

iona

l Cov

enan

t on

Civi

l and

Polit

ical

Rig

hts (

ICCP

R)

(firs

t) O

ptio

nal P

roto

col t

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e IC

CPR

Seco

nd O

ptio

nal P

roto

col t

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eIC

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aim

ing

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e ab

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f the

deat

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nalty

Inte

rnat

iona

l Cov

enan

t on

Econ

omic

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cial

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hts

Conv

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inat

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of A

llFo

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rimin

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tW

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AW)

Opt

iona

l Pro

toco

l to

CED

AW

Conv

entio

n on

the

Righ

ts o

f the

Child

(CRC

)

Opt

iona

l Pro

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l to

the

CRC

on th

ein

volv

emen

t of c

hild

ren

in a

rmed

conf

lict

Inte

rnat

iona

l Con

vent

ion

on th

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imin

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n of

All

Form

s of R

acia

lD

iscrim

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n ag

ains

t Tor

ture

and

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ruel

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uman

or D

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Trea

tmen

t or P

unish

men

t

Russian Federation l l l l l l ll l l22

Rwanda l l l l l l

Saint Kitts and Nevis l l l l

Saint Lucia l l l

Saint Vincent and the Grenadines l l l l l l l

Samoa l l

San Marino l l l l l l l ll l l

Sao Tome and Principe ll ll ll ll l ll l ll ll

Saudi Arabia l l l l28

Senegal l l l l l l l l l22

Serbia l l l l l l l l l l22

Seychelles l l l l l ll l ll l l22

Sierra Leone l l l l ll l l l l

Singapore l l ll

Slovakia l l l l l l l l l l22

Slovenia l l l l l l l l l l22

Solomon Islands l l l l l

Somalia l l l ll ll l l

South Africa l l l ll l l l ll l l22

Spain l l l l l l l l l l22

Sri Lanka l l l l l l l l l

Sudan l l l l l ll

Suriname l l l l l ll l

Swaziland l l l l l l

Sweden l l l l l l l l l l22

Switzerland l l l l l l l l22

Syria l l l l l l l28

Tajikistan l l l l ll l l l l

Tanzania l l l l l l l

Thailand l l l l l l l

Timor-Leste l l l l l l l l l

Togo l l l l l l l l22

Tonga l l

Trinidad and Tobago l l l l l

Tunisia l l l l l l l22

Turkey l l l l l l l l l l22



l l ll Russian Federation

l l l l Rwanda

l l Saint Kitts and Nevis

ll Saint Lucia

l l l l Saint Vincent and the Grenadines

l l l Samoa

l San Marino

l l ll ll Sao Tome and Principe

Saudi Arabia

l l l l l l l Senegal

l l l l ll l Serbia

l l l ll Seychelles

ll l l ll l Sierra Leone

Singapore

l l l l l Slovakia

l l l l Slovenia

l l ll Solomon Islands

l l Somalia

ll l l l South Africa

l l l l l Spain

l Sri Lanka

l l ll Sudan

l l Suriname

l l l l Swaziland

l l l l l l Sweden

ll l l l l Switzerland

l ll Syria

l l l l Tajikistan

l l l Tanzania

ll Thailand

ll l l l l Timor-Leste

ll l l ll Togo

Tonga

l l l l Trinidad and Tobago

l l l l Tunisia

ll l l l Turkey

Opt

iona

l Pro

toco

l to

the

Conv

entio

nag

ains

t Tor

ture

Conv

entio

n re

latin

g to

the

Stat

us o

fRe

fuge

es (1

951)

Prot

ocol

rela

ting

to th

e St

atus

of

Refu

gees

(196

7)

Conv

entio

n re

latin

g to

the

Stat

us o

fSt

atel

ess P

erso

ns (1

954)

Conv

entio

n on

the

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ctio

n of

Stat

eles

snes

s (19

61)

Inte

rnat

iona

l Con

vent

ion

on th

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otec

tion

of th

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ll M

igra

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ir Fa

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Rom

e St

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the

Inte

rnat

iona

lCr

imin

al C

ourt

l state is a party












Inte

rnat

iona

l Cov

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t on

Civi

l and

Polit

ical

Rig

hts (

ICCP

R)

(firs

t) O

ptio

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roto

col t

o th

e IC

CPR

Seco

nd O

ptio

nal P

roto

col t

o th

eIC

CPR,

aim

ing

at th

e ab

oliti

on o

f the

deat

h pe

nalty

Inte

rnat

iona

l Cov

enan

t on

Econ

omic

,So

cial

and

Cul

tura

l Rig

hts

Conv

entio

n on

the

Elim

inat

ion

of A

llFo

rms o

f Disc

rimin

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n ag

ains

tW

omen

(CED

AW)

Opt

iona

l Pro

toco

l to

CED

AW

Conv

entio

n on

the

Righ

ts o

f the

Child

(CRC

)

Opt

iona

l Pro

toco

l to

the

CRC

on th

ein

volv

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t of c

hild

ren

in a

rmed

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lict

Inte

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ion

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imin

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All

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acia

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ture

and

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t or P

unish

men

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Turkmenistan l l l l l l l l l

Tuvalu l l

Uganda l l l l l l l l

Ukraine l l l l l l l l l22

United Arab Emirates l l l

United Kingdom l l l l l l l l l

United States of America l ll ll ll l l l

Uruguay l l l l l l l l l l22

Uzbekistan l l l l l l l

Vanuatu l l ll

Venezuela l l l l l l l l l l22

Viet Nam l l l l l l

Yemen l l l l l l

Zambia l l l l l l l

Zimbabwe l l l l l



l l Turkmenistan

l l Tuvalu

l l l l l Uganda

l l l ll Ukraine

ll United Arab Emirates

l l l l l l United Kingdom

l ll* United States of America

l l l l l l l Uruguay

ll Uzbekistan

Vanuatu

l l Venezuela

Viet Nam

l l ll Yemen

l l l l Zambia

l l l ll Zimbabwe

Opt

iona

l Pro

toco

l to

the

Conv

entio

nag

ains

t Tor

ture

Conv

entio

n re

latin

g to

the

Stat

us o

fRe

fuge

es (1

951)

Prot

ocol

rela

ting

to th

e St

atus

of

Refu

gees

(196

7)

Conv

entio

n re

latin

g to

the

Stat

us o

fSt

atel

ess P

erso

ns (1

954)

Conv

entio

n on

the

Redu

ctio

n of

Stat

eles

snes

s (19

61)

Inte

rnat

iona

l Con

vent

ion

on th

ePr

otec

tion

of th

e Ri

ghts

of A

ll M

igra

ntW

orke

rs a

nd M

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ir Fa

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Rom

e St

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the

Inte

rnat

iona

lCr

imin

al C

ourt

l state is a party










SELECTED REGIONAL HUMAN RIGHTS TREATIES


Afric

anCh

arte

ron

Hum

anan

dPe

ople

s’Ri

ghts

(198

1)

Prot

ocol

toth

eAf

rican

Char

tero

nth

eEs

tabl

ishm

ento

fan

Afric

anCo

urto

nH

uman

and

Peop

les’

Righ

ts(1

998)

Afric

anCh

arte

ron

the

Righ

tsan

dW

elfa

reof

the

Child

(199

0)

Conv

entio

nG

over

ning

the

Spec

ific

Aspe

ctso

fRef

ugee

Prob

lem

sin

Afric

a(1

969)

Prot

ocol

toth

eAf

rican

Char

tero

nH

uman

and

Peop

les’

Righ

tson

the

Righ

tsof

Wom

enin

Afric

a(2

003)

Algeria l l l l ll

Angola l l l

Benin l ll l l l

Botswana l ll l l

Burkina Faso l l l l l

Burundi l l l l ll

Cameroon l ll l l ll

Cape Verde l l l l

Central African Republic l ll ll l

Chad l ll l l ll

Comoros l l l l l

Congo (Republic of) l ll l l ll

Côte d’Ivoire l l ll l ll

Democratic Republic of the Congo l ll l ll

Djibouti l ll ll ll l

Egypt l ll l l

Equatorial Guinea l ll l l ll

Eritrea l l

Ethiopia l ll l l ll

Gabon l l ll l ll

Gambia l l l l l

Ghana l l l l ll

Guinea l ll l l ll

Guinea-Bissau l ll ll l ll

Kenya l l l l ll

Lesotho l l l l l

Liberia l ll ll l ll

Libya l l l l l

Madagascar l ll l ll ll

Malawi l ll l l l

Mali l l l l l

Mauritania l l l l l

Mauritius l l l ll ll

Mozambique l l l l l

Namibia l ll l l

Niger l l l l ll

SELECTEDREGIONAL HUMANRIGHTS TREATIESAFRICAN UNION

l state is a party




This chart lists countries thatwere members of the AfricanUnion at the end of 2006.



Afric

an C

hart

er o

n H

uman

and

Peop

les’

Righ

ts (1

981)

Prot

ocol

to th

e Af

rican

Cha

rter

on

the

Esta

blish

men

t of a

n Af

rican

Cou

rt o

nH

uman

and

Peo

ples

’ Rig

hts (

1998

)

Afric

an C

hart

er o

n th

e Ri

ghts

and

Wel

fare

of t

he C

hild

(199

0)

Conv

entio

n G

over

ning

the

Spec

ific

Aspe

cts o

f Ref

ugee

Pro

blem

s in

Afric

a (1

969)

Prot

ocol

to th

e Af

rican

Cha

rter

on

Hum

an a

nd P

eopl

es’ R

ight

s on

the

Righ

ts o

f Wom

en in

Afri

ca (2

003)

SELECTEDREGIONAL HUMANRIGHTS TREATIESAFRICAN UNION

This chart lists countries thatwere members of the AfricanUnion at the end of 2006.

l state is a party




Nigeria l l l l l

Rwanda l l l l l

Sahrawi Arab Democratic Republic l ll ll

Sao Tome and Principe l

Senegal l l l l l

Seychelles l ll l l l

Sierra Leone l ll l l ll

Somalia l ll ll ll ll

South Africa l l l l l

Sudan l ll l

Swaziland l ll ll l ll

Tanzania l l l l ll

Togo l l l l l

Tunisia l ll ll l

Uganda l l l l ll

Zambia l ll ll l l

Zimbabwe l ll l l ll



Amer

ican

Con

vent

ion

on H

uman

Righ

ts (1

969)

Prot

ocol

to th

e Am

eric

an C

onve

ntio

non

Hum

an R

ight

s to

Abol

ish th

eD

eath

Pen

alty

(199

0)

Addi

tiona

l Pro

toco

l to

the A

mer

ican

Conv

entio

n on H

uman

Rig

hts i

n the

Are

aof

Econ

omic,

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l and

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tura

l Rig

hts

Inte

r-Am

eric

an C

onve

ntio

n to

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ent a

nd P

unish

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ure

(198

5)

Inte

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n Co

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on th

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even

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Puni

shm

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tion

of V

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nce A

gain

st W

omen

(199

4)

Inte

r-Am

erica

n Co

nven

tion

on Fo

rced

Disa

ppea

ranc

e of P

erso

ns (1

994)

Antigua and Barbuda l

Argentina l62 ll l l l l l

Bahamas l

Barbados l62 l

Belize l

Bolivia l62 l l l l l

Brazil l62 l l l ll l l

Canada

Chile l62 ll ll l ll l l

Colombia l62 l l l l l

Costa Rica l62 l l l l l l

Cuba*

Dominica l l ll

Dominican Republic l62 ll l l ll

Ecuador l62 l l l l l l

El Salvador l62 l l l l

Grenada l l

Guatemala l62 l l l l l

Guyana l

Haiti l62 ll ll l ll

Honduras l62 ll l l

Jamaica l l ll

Mexico l62 l l l l l

Nicaragua l62 l ll ll ll l l

Panama l62 l l l l l l

Paraguay l62 l l l l l l

Peru l62 l l l l l

Saint Kitts and Nevis l

Saint Lucia l

Saint Vincent and the Grenadines l

Suriname l62 l l l

Trinidad and Tobago l

United States of America ll

Uruguay l62 l l l l l l

Venezuela l62 l ll l l l l

SELECTEDREGIONAL HUMANRIGHTS TREATIESORGANIZATION OFAMERICAN STATES

l state is a party




62 Countries making aDeclaration under Article62 recognize as binding thejurisdiction of the Inter-American Court of HumanRights (on all mattersrelating to theinterpretation or applicationof the AmericanConvention)

* In 1962 the VIII Meeting ofConsultation of Ministers ofForeign Affairs decided toexclude Cuba fromparticipating in the Inter-American system.

This chart lists countries thatwere members of theOrganization of AmericanStates at the end of 2006.

Inte

r-Am

erica

n Co

nven

tion

on th

eEl

imin

atio

n of A

ll For

ms o

f Disc

rimin

atio

nag

ains

t Per

sons

with

Disa

bilit

ies (

1999

)



Euro

pean

Con

vent

ion

for t

he P

rote

ctio

nof

Hum

an R

ight

s and

Fund

amen

tal

Free

dom

s (EC

HR)

(195

0)

Prot

ocol

No.

6 to

the

ECH

Rco

ncer

ning

the

abol

ition

of t

he d

eath

pena

lty in

tim

es o

f pea

ce (1

983)

Prot

ocol

No.

12

to th

e EC

HR

conc

erni

ng th

e ge

nera

l pro

hibi

tion

ofdi

scrim

inat

ion

(200

0)

Prot

ocol

No.

13

to th

e EC

HR

conc

erni

ng th

e ab

oliti

on o

f the

dea

thpe

nalty

in a

ll ci

rcum

stan

ces

Fram

ewor

k Co

nven

tion

on th

ePr

otec

tion

of N

atio

nal M

inor

ities

Albania l l l ll l

Andorra l l l

Armenia l l l ll l

Austria l l ll l l

Azerbaijan l l ll l

Belgium l l ll l ll

Bosnia and Herzegovina l l l l l

Bulgaria l l l l

Croatia l l l l l

Cyprus l l l l l

Czech Republic l l ll l l

Denmark l l l l

Estonia l l ll l l

Finland l l l l l

France l l ll

Georgia l l l l l

Germany l l ll l l

Greece l l ll l ll

Hungary l l ll l l

Iceland l l ll l ll

Ireland l l ll l l

Italy l l ll ll l

Latvia l l ll ll l

Liechtenstein l l ll l l

Lithuania l l l l

Luxembourg l l l l ll

Macedonia l l l l l

Malta l l l l

Moldova l l ll l l

Monaco l l l

Netherlands l l l l l

Norway l l ll l l

Poland l l ll l

Portugal l l ll l l

Romania l l l l l

Russian Federation l ll ll l

l state is a party




This chart lists countries thatwere members of the Council ofEurope at the end of 2006.

SELECTED REGIONALHUMAN RIGHTSTREATIESCOUNCIL OFEUROPE



Euro

pean

Con

vent

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for t

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Prot

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No.

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abol

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lty in

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e ge

nera

l pro

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(200

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inor

ities

San Marino l l l l l

Serbia l l l l l

Slovakia l l ll l l

Slovenia l l ll l l

Spain l l ll ll l

Sweden l l l l

Switzerland l l l l

Turkey l l ll l

Ukraine l l l l l

United Kingdom l l l l

SELECTEDREGIONAL HUMANRIGHTS TREATIESCOUNCIL OFEUROPE

l state is a party




This chart lists countries thatwere members of the Council ofEurope at the end of 2006.

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Stoltz

A YEAR OF CAMPAIGNING


“They carried guns all the time. I was afraid ofthe guns. Actually, I was in constant fear.”These are the words of Fereh Musu Conteh,who was abducted by an armed group duringthe conflict in Sierra Leone when she was just13 years old.

“When there are guns, there are morevictims,” said Malya, a woman from Port-au-Prince, Haiti, describing the level of violencein her neighbourhood.

Gun violence afflicts countries around theworld – armed conflict and violent crime claimthe lives of men, women and children everyday. AI is part of a worldwide coalitioncampaigning for a global Arms Trade Treaty inorder to prevent the proliferation and misuseof arms and so reduce the number of victims.In 2006, activists achieved a major victorywhen the UN voted overwhelmingly to startwork on a treaty – a goal many thoughtunrealistic when the campaign started.

The success of the Control Arms campaignshows what can be achieved withdetermination, clarity and imagination.

AI’s uniqueness among human rightsorganizations is its strategic channelling of thepassion and outrage of ordinary people aroundthe world. AI’s members and supporters exertinfluence on governments, armed politicalgroups, companies and intergovernmentalbodies. They change the lives of individuals – ofvictims and survivors of human rights abuses, ofhuman rights activists and defenders, and evenof the abusers.

The activism of AI’s 2.2 million members andsupporters, working alongside internationaland local partners, converts AI’s research into a force for change. Activists confrontgovernments, other institutions andindividuals, not only through letters, emails

and petitions but by mobilizing public pressurethrough street protests, vigils and directlobbying. Thousands of AI members respondto Urgent Action appeals on behalf ofindividuals at immediate risk. Publicitythrough the news media and online takes AI’smessage swiftly and in a range of languages tomillions more.

AI members invent creative and innovativeforms of activism, both online and on thestreets. In 2006, for example, AI Paraguayorganized “toy gun swaps” in the run-up toChristmas, offering new toys to children inexchange for toy weapons, and street theatreto persuade parents not to buy them. AIMorocco carried out a survey on poverty andgovernment responsibility, and AI Australiasought the public’s view on the country’s newanti-terror laws. AI Norway prepared tolaunch its online “pledge banking”, whereactivists pledge to undertake a campaigningactivity if enough others join in.

The key areas of focus for AI in 2006 wereControl Arms; Stop Violence against Women, inparticular domestic violence; torture and otherabuses in the “war on terror”; the need for apeacekeeping force to protect civilians inDarfur, Sudan; and the conflict between Israeliforces and Hizbullah fighters based in Lebanon.

Among many other country and region-specific campaigns, AI focused on forcedevictions in Africa. In countries such asAngola, Equatorial Guinea, Ghana, Kenya,Nigeria, Sudan and Zimbabwe, evictions areoften carried out illegally, with excessive andsometimes lethal force, and without provisionof adequate alternative accommodation.Forced evictions disproportionately affectpeople living in poverty and often lead to awide range of other human rights being

A YEAR OFCAMPAIGNING


denied (Africa: Forced evictions reach crisislevels, AI Index: AFR 01/009/2006).

Successes continued in AI’s globalcampaign for a world free of executions. InJune, the Philippines became the 88th countryto totally abolish the death penalty. Thisdevelopment was particularly welcome in theAsia-Pacific region where a disproportionatelyhigh proportion of the world’s executions takeplace. In July, AI played a role in bringingtogether human rights groups, activists,lawyers and parliamentarians from 21countries to form the Anti-Death Penalty AsiaNetwork (ADPAN) as a united regional voiceagainst the death penalty. In Europe andCentral Asia, after vigorous AI campaigning inrecent years, Moldova amended itsConstitution to formalize its completeabolition of the death penalty and ratifiedinternational treaties that require abolition.Kyrgyzstan signed into law a new Constitutionthat no longer included, and therefore nolonger authorized, death as a punishment.

In 2006 at least 1,544 people were executedin 25 countries worldwide. At least 3,861people were sentenced to death in 55countries. The true numbers are believed tobe considerably higher. By far the majority ofexecutions – 90 per cent – were carried outin just five countries: China, Iran, Iraq,Pakistan and the USA. Countries thatexecuted people convicted of crimescommitted while they were under 18 wereIran and Pakistan.

THE INDIVIDUAL AT THE COREAt the heart of all AI’s campaigns is theindividual – as the victim and survivor ofhuman rights abuses, as the partner in thedefence of human rights, and as the activistspeaking out and working with and for otherindividuals. Whether global or local, aimed atgovernments or multilateral institutions,focusing on one person in danger of tortureor on a police service that needs training inresponding effectively to domestic violence,all campaigns are generated and fired by theindividual at their centre in need ofprotection or support.

The global connection between individualsis a motivating force behind all AI campaigns.It lies behind much of the activism of newhuman rights groups working at local,grassroots and community level. Such humanrights defenders may be both victims andactivists, struggling to achieve their ownrights as well as those of their family orcommunity. Working with such human rightsdefenders is as much about seeking structuralchanges to create the space in which peoplecan organize and protestas it is about helping theindividuals themselves.

Campaigning canachieve real improvementsin the lives of individuals.Individual members of AIforge global links ofsolidarity with survivors,human rights defendersand their families. Thehuman face in AI’s work inspires and mobilizesmembers, and attracts wider support insociety and from governments. AI presents thecases of individuals not as advocates workingsolely for one beneficiary, but to benefit allindividuals experiencing similar abuses, toshift public opinion or to focus attention onmass violations, and to win changes in policyand practice. Offering that human contextdemonstrates starkly to governments and thepublic the consequences of failing to protecthuman rights.

CONTROL ARMSA UN vote in October marked a massive victoryfor AI and its partners in the Control Armscampaign, Oxfam and the International ActionNetwork on Small Arms (IANSA). After threeyears of campaigning around the world andthree weeks of concerted campaigning in NewYork before the vote, 139 governments werepersuaded to vote in favour of a UN resolutionto start work on an Arms Trade Treaty. InDecember, 153 governments voted for theresolution’s formal adoption by the UNGeneral Assembly, with only one state – theUSA – voting against.


IN 2006 AT LEAST 1,544PEOPLE WERE EXECUTEDIN 25 COUNTRIESWORLDWIDE. MOST WERECARRIED OUT IN CHINA,IRAN, IRAQ, PAKISTANAND THE USA.


Under the resolution, the UN must collectstates’ views on the feasibility, scope andparameters of a treaty, then in 2008 set up agroup of experts to establish the basis of acomprehensive, legally binding treaty. As adirect result of the campaigning before the vote,the UN resolution contains an explicit referenceto governments’ obligations under humanrights and humanitarian law. While AI is eagerfor rapid advances, in UN terms progress hasbeen extraordinarily swift. The resolution couldbe a key first step towards a worldwide ban ontransfers of arms that devastate the lives ofhundreds of thousands of people.

n More than a million people around theworld posted pictures of themselves on theControl Arms website for the Million FacesPetition. Supporters ranged from ArchbishopDesmond Tutu to the entire French footballteam. The millionth face was that of JuliusArile, an athlete working for peace in Kenya,who presented the petition to UN Secretary-General Kofi Annan in New York in June. Tolobby governments before the UN debate, theControl Arms campaign published Armswithout borders (AI Index: POL 34/006/2006),a report on the globalized arms trade.

n As part of the “100 days Countdown” beforethe crucial General Assembly vote,representatives from 70 AI Sections aroundthe world travelled to New York to campaignand lobby a UN Review Conference on smallarms and light weapons. Control Arms activistslobbied with a campaign report, The AK-47:The world’s favourite killing machine (AIIndex: ACT 30/011/2006), and a bookletentitled Compilation of global principles forarms transfers (AI Index: POL 34/004/2006)published by AI and its partner organizations.Although agreement at the Conference wasstalled by a small group of governments led by the USA, the UN Secretary-General in his opening statement endorsed the call foran Arms Trade Treaty, as did manygovernments.

Other campaigning initiatives in 2006targeted the export of arms to areas of theworld in conflict where human rights abusesand war crimes are rife.

n In January, AI published testimonies fromindividuals in Haiti (AI Index: AMR 36/001/2006)and during the conflict in Sierra Leone (AIIndex: AFR 51/001/2006). Conflicts and masskillings in Sierra Leone and neighbouring statesin West Africa were sustained by the supply ofweapons funded by the illegal sale of diamonds.In Haiti armed violence has spread from armedpolitical groups to criminal gangs that kill andrape hundreds of people every year with armssmuggled from neighbouring countries,including the USA.

n Developing countries now absorb more thantwo thirds of world defence imports,increasingly using private contractors indiverse supply chains. Just before the UNReview Conference, AI and Transarms, theResearch Centre for the Logistics of ArmsTransfers, published a report in May, Dead ontime: Arms transportation, brokering and thethreat to human rights (AI Index: ACT30/008/2006). The report documentedunaccounted arms flights from Bosnia andHerzegovina to Iraq by the US Department ofDefense, as well as shipments from Brazil toSaudi Arabia and from China to Liberia usingforeign brokers and shippers whiledisregarding patterns of human rights abuseby the recipients.

n While international debate has focused onthe transfer of nuclear or long-range missiletechnology to countries such as Iran, NorthKorea and Pakistan, the routine export ofconventional weapons and small arms thatcontribute to human rights violations andarmed violence has received far less attention.In the July-August conflict involving Israel andLebanon, Israeli forces used aircraft, bombs,missiles, cluster and other munitions suppliedparticularly by the US, while Hizbullah attackednorthern Israel with Katyusha and other rocketssaid to have been produced with the assistanceof Syria and Iran. An AI report on China’s role inarming conflicts and sustaining human rightsabuses in such countries as Myanmar, Nepal,South Africa and Sudan was published in June(People’s Republic of China: Sustaining conflictand human rights abuses, AI Index: ASA17/030/2006).



STOP VIOLENCE AGAINST WOMENDomestic violence was a focus for AIcampaigning. AI’s campaign was part of awider worldwide movement to addressviolence against women as a human rightsissue. The UN Secretary-General published anin-depth study of violence against women inall its forms in October. The report called onstates to secure gender equality, bring lawsand practices in line with internationalstandards, collect data to strengthen policyand planning, and allocate adequateresources and funding. In November, AImembers welcomed a Council of Europecampaign on domestic violence, and urgedmember states to deliver on the campaign’sgoals of abolishing discriminatory laws,strengthening services for survivors andchallenging social prejudices.

AI holds the state responsible when it takesinadequate measures to protect women fromdomestic violence – by not introducing orimplementing specific laws or procedures, notproviding specialist training or health care, ornot making available or supporting shelters orother services. If a state does not makesufficient effort to prevent, investigate andpunish acts of violence against women, then itshares responsibility for the abuses.

n AI called on governments to implement itsnew 14-Point Programme for the Prevention of Domestic Violence, which calls ongovernments to protect the physical andmental wellbeing of women who have beenabused. It insists that government policies,practices and laws must not discriminateagainst women, and calls on governments toconsult and work closely with women victimsand survivors, and with organizations withexperience of addressing domestic violence.

n The need for a place of safety was the focusof AI’s 16 Days of Activism to mark theInternational Day for the Elimination ofViolence against Women on 25 November.Through 16 web-based appeal cases, AI urgedgovernments to set up and fund shelters forwomen fleeing violence in the home. Somegovernments provide no shelters or supportfor women facing domestic abuse, such as in

Saudi Arabia. In other countries, for exampleBelgium or Mongolia, official support issporadic or insufficient. AI highlighted theparticular difficulties of migrant women inDenmark, at risk of losing residency rights ifthey leave an abusive marriage, and of NativeAmerican and Alaska Native women in the USA who cannot access shelters that provideculturally appropriate forms of help.

n In August, the Director General of the StatePolice in Albania reported that he had directedthe police to implement AI’s recommendationspublished in March in Albania: Violenceagainst women in the family – “It’s not hershame” (AI Index: EUR 11/002/2006). AI hadcalled for the police to treat seriously andinvestigate reports of family violence, toprotect women complainants and witnesses,to facilitate the work of women’sorganizations, and to discipline police officerswho “neglect or treat with indifference”complaints of violence against women.

n In Sierra Leone: Women face human rightsabuses in the informal legal sector (AI Index:AFR 51/002/2006), published in May, AIshowed how powers exercised by traditionalrulers through customary courts can deprivewomen of rights. Failures by police to respondto appeals for help and by local courts toexercise their jurisdiction frequently leavewomen at the mercy of discriminatorycustomary laws.

n Failure to tackle high levels of sexualviolence reflect social and cultural attitudesthat trivialize the crimes and entrenchdiscrimination against women, AI reported inJune in Sexual violence against women andgirls in Jamaica: “Just a little sex” (AI Index:AMR 38/002/2006). Jamaican law leaveswomen without the protection of the law incases of marital rape, incest or sexualharassment, and in court, women’s testimonyis explicitly given less weight than that of men.

n The threat of sexual violence in the homeand community affects women’s ability totravel to market or to work and to accesshealth and education services, AI reported inSeptember in Papua New Guinea: Violenceagainst women – not inevitable, never



acceptable! (AI Index: ASA 34/002/2006). Inmeetings with AI, police and other officialsshowed little understanding of the state’sobligations to protect women.

n In October, Hamda Fahad Jassem Al-Thaniwas allowed to join her husband, and thankedAI for its appeals. “I ask you to help end mysuffering and to help me return to my husband,

whom I chose entirely ofmy own accord, this beingthe most fundamental ofmy God-given rights, asenshrined in internationalhuman rightsconventions,” she had saidto AI. A member of theruling family in Qatar, shehad been abducted fromEgypt by the state securityservices and detained in

secret following her marriage without herfamily’s consent in 2002.

‘WAR ON TERROR’In its international campaign against abuses in the “war on terror”, AI exposed anddenounced hundreds of cases of torture andother grave violations of human rights claimedby states to be a necessary response tosecurity threats. AI also strongly condemneddeliberate attacks on civilians andindiscriminate attacks by armed groups.

n AI convened a two-day gathering of humanrights organizations from the Middle East inLebanon in January. The participantsconcluded that no detainees should betransferred from one country to another onthe basis of mere diplomatic assurances thatthey would not be tortured or otherwise ill-treated after transfer, and thatmemorandums of understanding to thateffect between the UK government andgovernments in the Middle East and NorthAfrica undermined the absolute prohibitionof torture and other ill-treatment.

n AI and other human rights groups submitteda brief to the European Court of Human Rightsin the case of Ramzy v. the Netherlands,seeking to uphold the absolute prohibition in

law against transferring a person to a statewhere they risk torture.

n The US programme of renditions – thesecret transfer of individuals from one countryto another, bypassing judicial andadministrative due process – was analysed inApril in USA: Below the radar – Secret flights totorture and “disappearance” (AI Index: AMR51/051/2006). Since 2001, hundreds of terrorsuspects have been transferred to stateswhere physical and psychological brutalityand coercion feature prominently ininterrogations. Many detainees have beensubjected to enforced disappearance, a crimeunder international law.

n Three Yemenis detained for more than 18months by the USA or at its behest, then forover nine months without charge in Yemen –Muhammad Abdullah al Assad, MuhammadFaraj Bashmilah and Salah Nasser Salim ‘AliQaru – provided unique insights into theworkings of covert US-run detention centresknown as “black sites”. AI memberscampaigned for their trial or release, and AIdelegates observed the trial that eventuallytook place in February 2006, leading to thefinal release of all three men in March.

n The active involvement of European statesin US rendition flights, or their denial of anyknowledge about them, was spotlighted in AI’sJune report, Partners in crime: Europe’s role inUS renditions (AI Index: EUR 01/008/2006). AIlobbied Council of Europe (CoE) member statesto investigate these abuses themselves and tocooperate fully with CoE investigations, andcalled for CoE guidelines on controls ofdomestic and foreign secret services and oftransiting air traffic.

n AI France created an online viral campaignto spread the message against renditions,also working closely with rap artist LeeroyKesiah (www.terrorairlines.com). AIUSAhosted an online discussion in August afterPeter Bauer and other former interrogatorstold the US Congress that torture and otherill-treatment were unnecessary to win the“war on terror”. In December, AI Jordancampaigned with cartoonist KhaldoonGharaibeh and former detainee Khaled Al-


‘I ASK YOU TO HELP ENDMY SUFFERING AND TOHELP ME RETURN TO MYHUSBAND... THIS BEINGTHE MOST FUNDAMENTALOF MY GOD-GIVENRIGHTS.’


Asmar for the closure of the US detentionfacility in Guantánamo Bay, Cuba.

n In Terror and counter-terror: Defending ourhuman rights (AI Index: ACT 40/009/2006),published in August, AI detailed how thewidespread backlash against human rights inthe “war on terror” has been vigorouslychallenged by AI and other activists aroundthe world. The report drew attention to theconflicts and other contexts in which humanrights abuses are ignored as states concentrateon national security issues.

n “He is now again in the circle of his family.Their joy at embracing their lost son again isindescribable,” said the lawyer for MuratKurnaz, a Turkish national and resident ofGermany released from Guantánamo in August2006. Murat Kurnaz was detained withoutcharge or trial for nearly five years before theGerman authorities acted on his behalffollowing intense and sustained pressure by hisfamily, lawyers and AI members.

SUDAN: CIVILIANS UNPROTECTED Despite a peace agreement in May, fightingescalated in Darfur as the government and theonly other signatory, a rebel armed faction,launched a new offensive against the non-signatory armed groups. Cross-border attacksby government-backed Janjawid militias tookthe devastation of war and attendant humanrights abuses into Chad, threatening growingdestabilization in the region. Hundreds ofcivilians were believed killed and tens ofthousands forced from their homes in directand targeted attacks by government and alliedforces. AI’s campaigning focused on the needfor international peacekeepers to protect thecivilians of Darfur and eastern Chad despitethe resistance of the Sudanese government.

n Denied access to Darfur by the Sudaneseauthorities, AI delegates visited Chad in May,July and November. In camps in eastern Chad,they heard harrowing accounts from refugeesfrom Darfur and from Chadians attacked asvast areas of eastern Chad were depopulatedin cross-border raids (Chad/Sudan: Sowing theseeds of Darfur – Ethnic targeting in Chad byJanjawid militias from Sudan, AI Index: AFR

20/006/2006). In November AI delegatesrecorded the deaths of over 500 individuals ineastern Chad – the numbers killed as attackscontinued were undoubtedly many timeshigher. They went to destroyed villages andspoke to the survivors of attacks and rapes.Numerous witnesses testified to the failure ofthe Chadian government to deploy its troopsto protect civilians, eventhose stationed near thescene of attacks. AIrenewed calls to the UNSecurity Council to deployan internationalpeacekeeping force ineastern Chad.

n In March the AfricanUnion called for thepeacekeeping duties of theAfrican Union Mission inSudan (AMIS) in Darfur to be transferred to aUN force. AMIS forces lacked equipment andfunding, and the Sudanese government hadrestricted their activity. In July, AI produced abriefing on the resources, authority andmandate that a peacekeeping force needed,and in December developed an Agenda foreffective protection of civilians in Darfur (AIIndex: AFR 54/084/2006).

n AI members protested at attacks onindividuals and communities by thegovernment and allied forces in North Darfurthrough Urgent Actions and appeal cases,including after 70 men, women and childrenwere killed in attacks in July in Korma, and 67 people died in the Jebel Moon area inOctober. From September, hundreds morecivilians were killed, tortured and raped, andthousands forcibly displaced in a renewedcounter-insurgency offensive in northernand west Darfur.

n On a Day for Darfur in September, AIcampaigned in coalition with other humanrights organizations for UN peacekeepers to beallowed to protect civilians in Darfur. In threeweeks, 23,000 people had signed AI’s onlinepetition to the UN Security Council and thenumber continued to rise. Another daydedicated to campaigning on Darfur in


MURAT KURNAZ WASRELEASED IN AUGUST2006 FROM NEARLY FIVEYEARS’ DETENTION ATGUANTÁNAMO AFTERPRESSURE FROM HISFAMILY, LAWYERS ANDAMNESTYINTERNATIONAL.


December focused the campaigning of AI andother groups on the plight of women(Sudan/Chad: ‘No one to help them’ – Rapeextends from Darfur into eastern Chad, AIIndex: AFR 54/087/2006).

n The effective imprisonment by Janjawid ofhundreds of thousands of displaced people inthe camps was reported in October in Sudan:Crying out for safety (AI Index: AFR54/055/2006). In November, as Sudaneseforces carried out indiscriminate aerialbombardment using Russian- and Chinese-supplied planes and helicopters, AI called forthe 2005 UN Security Council arms ban on allparties to the Darfur conflict to beimplemented and fully enforced (Sudan/China:Appeal by Amnesty International to theChinese government on the occasion of theChina-Africa Summit for Development andCooperation, AI Index: AFR 54/072/2006).

n In November, AI called on the African Unionto press the government of Sudan to consentto the deployment of a UN peacekeepingmission (The African Commission: AmnestyInternational’s oral statement on the humanrights situation in Africa, AI Index: AFR01/012/2006). AI reported on the tens ofthousands of people at risk as insecurity andrestrictions imposed on humanitarianorganizations by the Sudanese government

forced cutbacks in the aidoperation in Darfur inSudan: Darfur – Threats tohumanitarian aid (AIIndex: AFR 54/031/2006).

n In December, AIprotested at the timidity ofthe resolution adopted bythe UN Human RightsCouncil in a Special Sessionon Darfur. The Councilagreed to send its own

assessment mission to Darfur, but failed torespond to the urgency and magnitude of thehuman rights crisis on the basis of the existing,compelling evidence of close government linksto Janjawid abuses.

n AI was given the names of people killed in aJanjawid attack from Sudan on the town of

Koloy in eastern Chad, November 2006. “Inparting the Imam thanked me, thankedAmnesty International for coming,” an AIdelegate reported. “He stressed that he hadgone to the capital two times to speak withauthorities. He speaks frequently with localgovernment and military officials, variousinternational agencies have been by, but noone had ever asked for the names before. Andhe stressed: that matters so much.”

ISRAEL AND LEBANON: CIVILIANSUNDER FIRE In July a major military conflict eruptedbetween Israeli forces and Hizbullah forcesbased in Lebanon after Hizbullah fighterscrossed into Israel and attacked an armypatrol. By the time a ceasefire was agreed 34days later, Israeli attacks had killed more than1,000 civilians in Lebanon, displaced around amillion people, and destroyed thousands ofhomes and much of Lebanon’s civilianinfrastructure. Hizbullah launched missilesinto civilian areas of Israel, causing the deathsof 43 civilians, displacing many thousands ofpeople from their homes in northern Israeland damaging hundreds of buildings.

n AI delegates visited both Israel and Lebanonduring the fighting and in the immediateaftermath to research violations ofinternational humanitarian law, including warcrimes, by both sides. AI delegates interviewedhundreds of people whose lives had beendevastated by unlawful attacks, visitednumerous sites where rockets, artillery shellsand bombs, including cluster munitions, hadstruck, and spoke to non-governmentalorganizations. AI met and obtainedinformation from senior Israeli military andgovernment officials, the Lebanese authoritiesand Hizbullah. It also repeatedly requestedinformation about specific military operationsfrom Israel and Hizbullah.

n From the outset of the conflict AI called onboth sides to respect their obligations underinternational humanitarian law (the laws ofwar), particularly those relating to theprotection of civilians. However, civilianswere bearing the brunt of the conflict and AI


THE IMAM THANKEDAMNESTYINTERNATIONAL. NO ONEHAD EVER ASKED FORTHE NAMES OF CIVILIANSKILLED BEFORE.


joined the call for a ceasefire made by UNSecretary-General Kofi Annan and other worldleaders. In July, AI published Israel/Lebanon:Israel and Hizbullah must spare civilians –Obligations under international humanitarianlaw of the parties to the conflict in Israel andLebanon, a reminder to the parties of theirlegal obligations (AI Index: MDE 15/070/2006).

n Following the end of the hostilities, andafter conducting further research anddiscussions with officials, AI issued twobriefings covering aspects of the conflict. InAugust it published Israel/Lebanon: Deliberatedestruction or “collateral damage”? Israeliattacks against civilian infrastructure (AIIndex: MDE 18/007/2006). AI found that Israeliforces had committed indiscriminate anddisproportionate attacks, pursuing a strategythat appeared intended to punish the peopleof Lebanon and their government for notturning against Hizbullah, as well as harmingHizbullah’s military capability.

n In September, AI published Israel/Lebanon:Under fire – Hizbullah’s attacks on northernIsrael (AI Index: MDE 02/025/2006). Thisconcluded that Hizbullah had committedserious violations of internationalhumanitarian law, including war crimes. Itsrocket attacks amounted to deliberate attackson civilians and civilian objects, andindiscriminate attacks. The attacks alsoviolated other rules of internationalhumanitarian law, including the prohibition ofreprisal attacks on the civilian population.

n In November, AI published Israel/Lebanon:Out of all proportion – civilians bear the bruntof the war (AI Index: MDE 02/033/2006). Thiscovered further aspects of the conduct andconsequences of Israeli military actions inLebanon. It analysed patterns of Israeli attacksand a number of specific incidents in whichcivilians were killed in Lebanon. It highlightedthe impact on civilian life of other Israeliattacks, including the legacy of the widespreadcluster bomb bombardment of south Lebanonby Israeli forces in the last days of the war. Italso summarized AI’s conclusions with regardto the overall conduct of both Israeli forcesand Hizbullah fighters.

n “I have lost all my children, my mother, mysisters. My wife is in a very serious condition…How do you tell a mother that she has lost allher children?” Ahmad Badran spoke to AIdelegates in al-Ghazieh village in southLebanon after watching the bodies of eightmembers of his family being dug from under apile of rubble. On 7 August an Israeli missile hithis home, killing his four children, his mother,his two sisters and his niece, and criticallyinjuring his wife.

n AI called for the UN toset up an internationalcommission empowered toinvestigate the evidence ofviolations of internationallaw by both Hizbullah andIsrael, and to makeprovision for reparationsfor the victims. AI alsocalled for an arms embargo on both sides, andan immediate moratorium on the use of clusterweapons. It urged all parties involved in theconflict to investigate alleged violations ofinternational human rights law and ensurereparation for the victims.

n After the conflict, AI members around theworld focused their energy on calling for Israelimmediately to hand over to the UN mapsshowing the areas in which it had used clustermunitions, in order to assist the clearance ofunexploded cluster bomblets which continue tokill and maim Lebanese civilians. Up to a millionunexploded bomblets littered south Lebanonwhen the ceasefire came into effect, presentinga long-term threat to the civilian population.

n In December an AI delegation, includingSecretary General Irene Khan, visitedLebanon and Israel and the OccupiedTerritories for high-level talks with officials.To coincide with the visit, AI published acampaign briefing, Israel and the OccupiedTerritories: Road to nowhere (AI Index: MDE15/093/2006) that focused on the spirallinghuman rights crisis in the Occupied Territoriesover the previous six years.


‘I HAVE LOST ALL MYCHILDREN, MY MOTHER,MY SISTERS. MY WIFE IS INA VERY SERIOUSCONDITION… HOW DOYOU TELL A MOTHER THATSHE HAS LOST ALL HERCHILDREN?’


INTERNATIONAL JUSTICEAI continued to take its work on behalf ofindividuals up to the international arena,campaigning for universal support for theInternational Criminal Court and for an end toimpunity. It pushed hard for those responsiblefor the most serious crimes known to humanityto be brought to justice before international ornational courts.

n After years of campaigning by AI and others,Nigeria surrendered former Liberian PresidentCharles Taylor in March to the Special Court forSierra Leone on charges of war crimes andcrimes against humanity, relating to hisinvolvement in the country’s civil war.

n In March, Thomas Lubanga Dyilo, chargedwith enlisting and recruiting child soldiers inthe Democratic Republic of the Congo, becamethe first person to be arrested and surrenderedto the International Criminal Court.

n Years of campaigning by AI and others sawprogress in July when the Assembly of theAfrican Union requested Senegal to promptlyprosecute former Chadian President HissèneHabré, who is charged with crimes againsthumanity, war crimes and torture. AI urgedSenegal to enact the necessary legislation,and Senegal’s Council of Ministers inNovember adopted a law to permit HissèneHabré to be tried.

Holding to account those responsible forhuman rights abuses in the past not only givesjustice to the victims and survivors. It is anessential part of AI’s struggle to protectagainst abuses of other individuals’ rights inthe present, and to prevent them in the future.


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CONTACT AI

CONTACT AI

AI SECTIONS

Algeria Amnesty International, 47 rue Mohamed Zekkal, (en face Salle Harcha), 16004 Algeremail: [email protected]

Argentina Amnistía Internacional, Av. Rivadavia 2206 - P4A, C1032ACO Ciudad de Buenos Airesemail: [email protected]

Australia Amnesty International, Locked Bag 23,Broadway, New South Wales 2007email: [email protected]

Austria Amnesty International, Moeringgasse 10, A-1150 Viennaemail: [email protected]

Belgium Amnesty International (Flemish-speaking),Kerkstraat 156, 2060 Antwerpenemail: [email protected] Amnesty International (francophone), Rue Berckmans 9, 1060 Bruxellesemail: [email protected]

Benin Amnesty International, Sikecodji, Carré 880,Immeuble Nobime, 2ème étage, Non loin du Ciné OpkeOluwa, Cotonouemail: [email protected]

Bermuda Amnesty International, PO Box HM 2136,Hamilton HM JXemail: [email protected]

Canada Amnesty International (English-speaking), 312 Laurier Avenue East, Ottawa, Ontario, K1N 1H9email: [email protected] Amnistie Internationale (francophone), 6250 boulevard Monk, Montréal, Québec, H4E 3H7email: [email protected]

Chile Amnistía Internacional, Oficina Nacional, Huelén 164 - Piso 2, 750-0617 Providencia, Santiagoemail: [email protected]

Côte d’Ivoire Amnesty International, 04 BP 895,Abidjan 04email: [email protected]

Denmark Amnesty International, Gammeltorv 8, 5, DK - 1457 Copenhagen K.email: [email protected]

Faroe Islands Amnesty International, Hoydalsvegur 6,FO-100 Tórshavnemail: [email protected]

Finland Amnesty International, Ruoholahdenkatu 24, D 00180 Helsinkiemail: [email protected]

France Amnesty International, 76 Boulevard de la Villette, 75940 Paris, Cédex 19email: [email protected]

Germany Amnesty International, Heerstrasse 178, 53111 Bonnemail: [email protected]

Greece Amnesty International, Sina 30, 106 72 Athensemail: [email protected]

Guyana Amnesty International, Palm Court Building, 35 Main Street, Georgetownemail: [email protected]

Hong Kong Amnesty International, Unit D, 3/F, Best-O-Best Commercial Centre, 32-36 Ferry Street,Kowloonemail: [email protected]

Iceland Amnesty International, Hafnarstræti 15,101 Reykjavíkemail: [email protected]

Ireland Amnesty International, Sean MacBride House, 48 Fleet Street, Dublin 2email: [email protected]


CONTACT AI

Israel Amnesty International, PO Box 14179, Tel Aviv 61141email: [email protected]

Italy Amnesty International, Via Giovanni Battista De Rossi, 10, 00161 Romaemail: [email protected]

Japan Amnesty International, 4F Kyodo Bldg.,2-2 Kandanishiki-cho, Chiyoda-ku, Tokyo 101-0054email: [email protected]

Korea (Republic of) Amnesty International,Gwanghwamun PO Box 2045, Chongno-gu, Seoul, 110-620email: [email protected]

Luxembourg Amnesty International, Boîte Postale 1914, 1019 Luxembourg email: [email protected]

Mauritius Amnesty International, BP 69, Rose-Hillemail: [email protected]

Mexico Amnistía Internacional, Insurgentes sur 327 Oficina C, Col. Hipódromo Condesa, CP 6100, Mexico DFemail: [email protected]

Morocco Amnesty International, 281 avenue Mohamed V, Apt. 23, Escalier A, Rabatemail: [email protected]

Nepal Amnesty International, PO Box 135, Amnesty Marga, Basantanagar, Balaju, Kathmanduemail: [email protected]

Netherlands Amnesty International, Keizersgracht 177, 1016 DR Amsterdamemail: [email protected]

New Zealand Amnesty International, PO Box 5300, Wellesley Street, Aucklandemail: [email protected]

Norway Amnesty International, Tordenskiolds gate 6B, 0106 Osloemail: [email protected]

Peru Amnistía Internacional, Enrique Palacios 735-A, Miraflores, Limaemail: [email protected]

Philippines Amnesty International, 17-B,Kasing-kasing Street, Corner K-8th, Kamias, Quezon City 1101email: [email protected]

Poland Amnesty International, ul. Piêkna 66a, lokal 2, I pietro, 00-672, Warszawaemail: [email protected]

Portugal Amnistia Internacional, Av. Infante Santo, 42, 2°, 1350 - 179 Lisboaemail: aiportugal@amnistia-internacional.ptwww.amnistia-internacional.pt

Puerto Rico Amnistía Internacional, Calle Robles 54, Oficina 11, Río Piedras, 00925email: [email protected]

Senegal Amnesty International, 35a Boulevard du Général de Gaulle, Allée du Centenaire, BP 35269 Dakar Colobaneemail: [email protected]

Sierra Leone Amnesty International, PMB 1021, 16 Pademba Road, Freetownemail: [email protected]

Slovenia Amnesty International, Beethovnova 7, 1000 Ljubljanaemail: [email protected]

Spain Amnistía Internacional, Fernando VI, 8,1° izda, 28004 Madridemail: [email protected] www.es.amnesty.org

Sweden Amnesty International, PO Box 4719, S-11692 Stockholmemail: [email protected]

Switzerland Amnesty International, PO Box, 3001 Berneemail: [email protected]


CONTACT AI

Taiwan Amnesty International, 3F., No. 14, Lane 165,Sec. 1, Sinsheng S. Rd, Da-an District, Taipei City 10656email: [email protected]

Togo Amnesty International, 2322 Avenue du RPT,Quartier Casablanca, BP 20013, Loméemail: [email protected]

Tunisia Amnesty International, 67 Rue Oum Kalthoum, 3ème étage, Escalier B, 1000 Tunisemail: [email protected]

United Kingdom Amnesty International, The Human Rights Action Centre, 17-25 New InnYard, London EC2A 3EAemail: [email protected]

United States of America Amnesty International, 5 Penn Plaza, 16th floor, New York, NY 10001email: [email protected]

Uruguay Amnistía Internacional, Wilson Ferreira Aldunate 1220, CP 11100, Montevideoemail: [email protected]

Venezuela Amnistía Internacional, Edificio Ateneo de Caracas, piso 6,Plaza Morelos Los Caobos, Caracas 1010Aemail: [email protected]

AI STRUCTURES

Bolivia Amnistía Internacional, Casilla 10607, La Pazemail: [email protected]

Burkina Faso Amnesty International, 303 Rue 9.08, 08 BP 11344, Ouagadougou 08email: [email protected]

Czech Republic Amnesty International, Palackého 9, 110 00 Praha 1email: [email protected]

Hungary Amnesty International, Rózsa u. 44, II/4, 1064 Budapestemail: [email protected]

Malaysia Amnesty International, E6, 3rd floor, Bangunan Khas, Jalan 8/1E, 46050 Petaling Jaya, Selangoremail: [email protected]

Mali Amnesty International, Badala Sema 1, Immeuble MUTEC (Ex Jiguissèmè),Rue 84, porte 14, BP E 3885, Badalabougou, Bamakoemail: [email protected]

Moldova Amnesty International, PO Box 209,MD-2012 Chiôinäuemail: [email protected]

Mongolia Amnesty International, PO Box 180, Ulaanbaatar 210648email: [email protected]

Paraguay Amnistía Internacional, Tte. Zotti No. 352 casi Emilio Hassler, Barrio Villa Morra, Asunciónemail: [email protected]

Slovakia Amnesty International, Benediktiho 5, 811 05 Bratislavaemail: [email protected]

Thailand Amnesty International, 641/8 Vara Place, Ladprao Road, Soi 5, Ladyao, Bangkok 10900email: [email protected]

Turkey Amnesty International, Müeyyitzade Mh. Galipdede Cd. No. 149 Kat:1, D:4, Beyo¬lu, Istanbulemail: [email protected]

Ukraine Amnesty International, Ukrainskaia Assotsiatsia “Mezhdunarodnaia Amnistia”, Chokolovsky bulvar, 1, kv. 12, Kievemail: [email protected]

Zambia Amnesty International, Room 715, 7th Floor, Lotti House, Cairo Road North-End, PO Box 30603, Lusakaemail: [email protected]


CONTACT AI

AI GROUPS

There are also AI Groups in:Angola, Bahamas, Bahrain, Barbados, Belarus,Botswana, Cameroon, Chad, Curaçao, DominicanRepublic, Egypt, Gambia, Jamaica, Jordan, Kuwait,Kyrgyzstan, Lebanon, Liberia, Malta, PalestinianAuthority, Pakistan, Russian Federation, Uganda,Yemen.

AI SPECIAL PROJECTS

There are AI Special Projects in the following countries:Croatia, Ecuador, Ghana, India, Kenya, South Africa,Zimbabwe.

More information and contact details on both AI groupsand AI Special Projects can be found online atwww.amnesty.org.

AI OFFICES

International Secretariat (IS) Amnesty International, Peter Benenson House, 1 Easton Street, London WC1X 0DW,United Kingdomemail: [email protected]

ARABAI (Arabic translation unit) c/o International Secretariat, Peter Benenson House, 1 Easton Street, London WC1X 0DW,United Kingdomemail: [email protected]

Éditions Francophones d’Amnesty International (EFAI) 17 Rue du Pont-aux-Choux, 75003 Paris, Franceemail: [email protected]

Editorial de Amnistía Internacional (EDAI) Calle Valderribas 13, 28007 Madrid, Spainemail: [email protected]

European Union (EU) OfficeAmnesty International, Rue d’Arlon 37-41, B-1000 Brussels, Belgiumemail: [email protected]

IS Beirut – Middle East and North Africa Regional OfficeAmnesty International, PO Box 13-5696, Chouran Beirut 1102 - 2060, Lebanonemail: [email protected]

IS Dakar – Development Field OfficeAmnesty International, SICAP Sacré Coeur Pyrotechnie, Extension No. 25, BP 47582, Dakar, Senegalemail: [email protected]

IS Geneva – UN Representative OfficeAmnesty International, 22 Rue du Cendrier, 4ème étage, CH-1201 Geneva, Switzerlandemail: [email protected]

IS Hong Kong – Asia Pacific Regional OfficeAmnesty International, 16/F Siu On Centre, 188 Lockhart Rd, Wanchai, Hong Kongemail: [email protected]

IS Kampala – Africa Regional OfficeAmnesty International, Plot 20A Kawalya Kaggwa Close, PO Box 23966,Kampala, Ugandaemail: [email protected]

IS Moscow – Russia Resource Centre Amnesty International, PO Box 212, Moscow 119019,Russian Federationemail: [email protected]

IS New York – UN Representative OfficeAmnesty International, 777 UN Plaza, 6th Floor,New York, NY 10017, USA

IS Paris – Research OfficeAmnesty International, 76 Boulevard de la Villette,75940 Paris, Cédex 19, Franceemail: [email protected]

IS San José – Americas Regional OfficeAmnistía Internacional, Del ICE de Pavas 100 metros al Oeste, 50 metros al Norte y 25 metros al Este, Apartamentos Cherito No. 4, Barrio Rohrmoser, San José, Costa Ricaemail: [email protected]


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AI

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l Join Amnesty International and become part of a worldwidemovement campaigning for an end to human rightsviolations. Help us make a difference.

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SUPPORT TO BUILD A

BETTER WORLD...

Living in the Shadows: A primer on the humanrights of migrants Designed to counterprejudice andmisinformation, this 90-pagehandbook outlines the rightsof migrants on all stages oftheir journey, and sets out ahuman rights campaigningagenda.

ISBN 978-0-86210-409-2

AI Index: POL 33/007/2006

AMNESTYINTERNATIONALPUBLICATIONS

Human rights for humandignity: A primer oneconomic, social andcultural rightsThis 80-page introduction toeconomic, social and culturalrights explains the duties ofgovernments, internationalorganizations and businesses,and gives examples ofcampaigning successes inareas such as health, housing,education, land rights andlabour rights.

ISBN 0-86210-383-5

AI Index: POL 34/009/2005

Stonewalled – Stilldemanding respect: Policeabuse and misconductagainst lesbian, gay,bisexual and transgenderpeople in the USAThis full colour, 82-pagecampaigning report looks athow lesbian, gay, bisexualand transgender peopleremain at risk of gender-based violence in the USA,despite significant stepsforward in recent years. It alsomakes detailedrecommendations on whatcan be done to end theabuses.

ISBN 0-86210-393-2

AI Index: AMR 51/001/2006

Amnesty International produces a wide range of materials, including campaigning

and country reports, focus sheets, legal briefings and policy papers.

The six below are a selected sample from our recent back catalogue. For more

information on these and to view our full list, please visit www.amnesty.org

To order any of them, please contact the Amnesty International office in your

country (addresses on pp324-327). Or if there is no office in your country, please

contact the Marketing and Supply team at the International Secretariat:

Peter Benenson House, 1 Easton Street,

London WC1X 0DW, United Kingdom

Tel: 00 44 20 7413 5814 / 5507

Email: [email protected]

Visit http://web.amnesty.org/shop

Israel and the OccupiedTerritories: Road tonowhere An incisive 38-page analysisof the past six years ofspiralling violence,humanitarian crisis anddespair in the PalestinianOccupied Territories,illustrated throughout withphotos. ISBN 978-0-86210-423-8

AI Index: MDE 15/093/2006

A Guide to the AfricanCharter on Human andPeoples’ Rights An attractive, colourful andeasy-to-use guide on the widerange of rights that the AfricanCharter on Human andPeoples’ Rights promotes and protects. ISBN 978-0-86210-407-8

AI Index: IOR 63/005/2006

Close Guantánamo:Symbol of injustice An illustrated 16-page briefingthat describes the unlawfultransfer of hundreds of menfrom around the world to theUSA’s offshore detentioncentre at Guantánamo Bay,Cuba, and the subsequentabuse of their dignity,humanity and otherfundamental rights. ISBN 978-0-86210-420-7

AI Index: AMR 51/001/2007

COUNTRY INDEX

Page references in bold refer to the main chapterentry for that country.

AAfghanistan 7, 8, 9, 10, 11, 22, 28, 29, 4477--99, 80, 119,123, 174, 202, 273, 274, 275, 276, 278, 284Albania 4499--5500, 118, 122, 125, 174, 175, 187, 226-8,316Algeria 39, 41, 42, 5500--33, 68-9, 180, 188, 189, 190, 197,271Angola 16, 5533--55, 193, 232, 313Argentina 25, 5555, 277Armenia 5, 5566, 119, 262Australia 2, 28, 5577, 138, 229, 256, 271, 284, 313Austria 5, 6, 5588Azerbaijan 31, 34, 36, 41, 42, 5588--99, 139

BBahamas 6600Bahrain 40, 42, 6600--11Bangladesh 11, 27, 29, 61, 6611--22, 202, 269Belarus 7, 35, 36, 6633--44, 173, 185Belgium 6644--55, 225, 316Bermuda 229Bhutan 196Bolivia 11, 24, 6666Bosnia and Herzegovina 33, 6677--99, 95, 187, 226, 259,260, 315Brazil 4, 5, 11, 22, 6699--7722, 207, 315Bulgaria 31, 7722--44, 125, 171, 173, 251, 259Burkina Faso 94Burundi 15, 16, 18, 7744--66, 101, 221, 237, 254

CCambodia 6, 7777--88, 282, 283Cameroon 7788--99, 83-4Canada 8, 9, 8800, 87, 156, 229Canary Islands 3Central African Republic 15, 8800--22Chad 7, 15, 16, 19, 81, 8822--44, 198, 225, 242, 244, 246,318, 318-9, 321Chile 11, 24, 25, 8844--55China 4, 7, 8, 27, 27-8, 29, 8855--77, 154, 156, 156-7, 159,160, 161, 223, 231, 246, 314, 315, 319Colombia 6, 22, 24, 8888--9911, 105, 106, 280, 281Congo, Republic of 15, 16, 9911--22Côte d’Ivoire 15, 16, 20, 9933--44, 150, 169Croatia 67, 9955--66, 226Cuba 6, 21, 9966--77, 276, 318

Cyprus 31, 9977--88, 261Czech Republic 9999--110000, 232

DDemocratic Republic of the Congo 11, 12, 15, 16, 18,19-20, 65, 91, 92, 110000--33, 110, 254, 267, 321Denmark 5, 42, 110033--44, 168, 177, 262, 284, 285, 316Dominican Republic 3, 110044--55, 130, 131, 198

EEcuador 22, 24, 110055--66Egypt 7, 9, 33, 39, 40, 41, 42, 80, 110066--99, 125, 151, 214,248, 317El Salvador 22, 24, 110099--1100Equatorial Guinea 16, 18, 111100--1111, 313Eritrea 15, 16, 18, 111122--1133, 115, 234, 243, 248Estonia 34, 111144Ethiopia 15, 16, 18, 19, 112, 111144--1177, 118-19, 233, 234,235

FFiji 27Finland 111177France 5, 8, 34, 81, 111188--1199, 168, 221, 225, 227, 229,238, 265, 277, 317

GGabon 110, 111Gambia 8, 58, 112200--11, 225Georgia 31, 35, 166, 112211--22, 219Germany 9, 33, 59, 112222--44, 174, 251, 278, 279, 318Ghana 20, 112244, 150, 258, 313Greece 33-4, 49, 112244--66Grenada 112266Guatemala 7, 22, 24, 25, 112266--77Guinea 65, 112277--88Guinea-Bissau 112288--99, 225Guyana 112299

HHaiti 22, 60, 104, 105, 113300--11, 313, 315Honduras 22, 24, 113311--22Hungary 113322--33, 232, 261

IIndia 3, 8, 11, 27, 28, 29, 124, 113333--66, 162, 192, 202,214, 224, 241Indonesia 29, 57, 113366--88, 224, 257Iran 5, 7, 8, 12, 37, 39, 40-1, 41, 42, 47, 113399--4411, 156,168, 198, 248, 314, 315


COUNTRY INDEX

COUNTRY INDEX

Iraq 10, 11, 22, 37, 39, 40, 41, 57, 59, 103-4, 123, 114422--55, 156, 196, 250, 262, 270, 271, 272, 273, 274-5,276, 284, 314, 315Ireland 5, 114455--66, 272Israel and the Occupied Territories 1, 7, 10, 11, 37, 41,139, 146, 114477--5500, 155, 167, 204-5, 222, 250, 313,315, 319-20Italy 9, 33, 33-4, 48, 69, 107, 125, 115500--22, 172, 235,259

JJamaica 22, 115522--33, 316Japan 8, 28, 29, 115533--44, 159, 160Jordan 8, 9, 39, 39-40, 40, 41, 42, 143, 147, 115544--66,172, 213, 271, 317-18

KKazakstan 33, 115566--77, 265, 279Kenya 16, 19, 75, 115577--99, 234, 235, 313, 315Korea, Democratic People’s Republic of 3, 28, 29, 87,153, 115599--6600, 161, 315Korea, Republic of 3, 27, 29, 87, 159, 160, 116611--22Kuwait 39, 40, 41, 146, 116622--33Kyrgyzstan 33, 35, 116633--44, 279, 314

LLaos 28, 116655--66, 254, 256Latvia 34, 116666Lebanon 10, 11, 37, 39-40, 41, 42, 147, 160, 116677--99,172, 174, 222, 250, 252, 313, 315, 317, 319-20Liberia 11, 19, 116699--7711, 199, 229, 275, 315, 321Libya 39, 39-40, 40, 41, 113, 151, 117711--33, 223, 271Lithuania 117733--44

MMacedonia 33, 73-4, 118, 123, 117744--55Madagascar 118Malawi 117766Malaysia 11, 29, 84, 117766--77, 256Maldives 117788Mali 117799, 219Malta 33-4, 113, 117799--8800Mauritania 118800--11, 189Mexico 12, 21, 22, 24, 25, 126, 118811--44, 276Moldova 31, 35, 118844--66, 314Mongolia 27, 118866--77, 316Montenegro 31, 34, 118877--88, 226, 227, 228Morocco 33, 39, 40, 41, 42, 123, 151, 118888--9900, 224,239, 240, 251, 313Mozambique 119900--11Myanmar 27, 28, 29, 85, 119911--33, 255, 256, 315

NNamibia 119933--44Nepal 12, 27, 30, 87, 119944--66, 214, 315

Netherlands 136, 170-1, 119966--77, 229, 317New Zealand 119977, 256Nicaragua 24, 119988Niger 118, 119988--99Nigeria 4, 12, 16, 18, 19, 20, 58, 78, 170, 119999--220011,224, 229, 242, 269, 313, 321North Korea, see Korea, Democratic People’s Republic ofNorway 313

OOman 40, 41, 220011--22

PPakistan 8, 9, 11, 27, 28, 29, 47, 48, 61, 117, 124-5, 133,134, 220022--33, 224, 225, 237, 270, 275, 314, 315Palestinian Authority 1, 10, 37, 40, 41, 142, 144, 147,148, 149, 156, 167, 168, 171, 173, 220044--66, 250, 252Panama 22Papua New Guinea 29, 220066--77, 316Paraguay 25, 220077, 313Peru 7, 24, 25, 84, 85, 220088--99, 280Philippines 6, 27, 29, 30, 41, 98, 220099--1100, 314Poland 34, 35, 221111--1122Portugal 221122--1133, 256Puerto Rico 221133

QQatar 40, 41, 221133--1144, 275, 317

RRomania 31, 185, 221144--1166, 279Russian Federation 5, 6, 7, 33, 34, 36, 56, 67, 159, 173,185, 186, 211, 221166--2200, 265, 279, 319Rwanda 16, 18, 19, 20, 76, 101, 159, 222200--22, 229, 254

SSaudi Arabia 8, 39, 40, 42, 214, 222222--44, 245, 271, 273,315, 316Senegal 15, 19, 128, 222255, 321Serbia 31, 34, 67, 187, 222266--88Sierra Leone 12, 19, 124, 169, 170, 199, 222299--3300, 313,315, 316, 321Singapore 29, 223300--11Slovakia 5, 223311--22Slovenia 34, 223333Solomon Islands 27Somalia 11, 15, 16, 18, 19, 112, 115, 150, 159, 222,223333--66, 284South Africa 7, 11, 18, 19, 20, 111, 223366--88, 315South Korea, see Korea, Republic ofSpain 3, 25, 31, 33, 34, 41, 72, 111, 127, 189, 221, 225, 223388--4400Sri Lanka 27, 28, 29, 98, 133-4, 224400--22Sudan 2, 4, 7, 11, 12, 15, 16, 18, 19, 20, 82, 85, 109,112, 115, 159, 180, 224, 234, 224422--66, 266, 267, 313,


COUNTRY INDEX

315, 318-19Swaziland 19, 224466--88Sweden 33, 148-9, 235, 224488--99Switzerland 34, 35, 173, 224499, 260Syria 7, 9, 39, 40, 41, 42, 80, 123, 143, 151, 156, 168,172, 196, 225500--22, 270, 315

TTaiwan 225522--33Tajikistan 163, 225533Tanzania 18, 76, 118, 234, 225544Thailand 27, 28, 29, 160, 165, 225544--66Timor-Leste 27, 136-7, 225566--77Togo 225577--88Tonga 27Trinidad and Tobago 225588--99Tunisia 7, 39, 42, 151, 225599--6611Turkey 6, 31, 33, 34, 36, 58, 59, 123, 125, 145, 249,251-2, 226611--44, 318Turkmenistan 36, 226644--55

UUganda 12, 16, 18, 19, 101, 221, 254, 226666--77Ukraine 33, 173, 226688--99, 279United Arab Emirates 41, 226699--7700United Kingdom 6, 8, 33, 33-4, 39-40, 60, 61, 62, 126,142, 143, 144, 154, 158, 168, 173, 222-3, 229, 230,231, 252, 227700--33, 279, 284, 317United States of America 1, 2, 6, 7, 8, 9, 10, 11, 21, 22,24, 31, 33, 39, 40, 47, 48, 51, 57, 60, 64, 65, 66, 68-9,69, 72, 80, 84, 91, 96, 107, 113, 115, 119, 122, 123, 124,126, 131, 133, 139, 142, 143, 144, 145, 146, 150, 151,154, 155, 156, 159, 161, 162, 170, 171, 174, 175, 181,182, 185, 187, 189, 196, 198, 201, 202, 204, 211, 213,214, 216, 218, 223, 227, 229, 234, 248, 249, 250, 252,263, 264, 271, 272, 227733--77, 278, 279, 280, 282, 284,314, 315, 316, 317Uruguay 25, 227777--88Uzbekistan 6, 7, 33, 34, 35, 36, 87, 123, 156, 157, 163,164, 218-19, 219, 253, 268, 227788--8800

VVenezuela 21, 22, 228800--11Viet Nam 7, 27, 29, 228822--33

WWestern Sahara, see Morocco/Western Sahara

YYemen 39, 40, 42, 235, 228833--55, 317

ZZambia 228855--66Zimbabwe 2, 18, 19, 20, 116, 227, 237, 228866--88, 313


Amnesty International Report 2007

News & Politics

Transcript of Amnesty International Report 2007