Group 48 Newsletter - October 2015

Amnesty International USA Group 48

Newsletter10.15

1 Central African Republic: New report on Diamond Trade

2 Urge Governor Brown to Push for Repeal the Oregon Death Penalty

3 CHINA: Urgent Action - Lawyer Supporting Churches In China Detained

4 RUSSIAN FEDERATION: Urgent Action - Tatar Activist Sentenced To Three Years In Jail

6 BAHRAIN: Urgent Action - Stateless Man Arrested For Posting Online

Central African Republic: New report on Diamond Tradeby Natalia Bowdoin, AIUSA Country Specialist - Central African Republic

Today Amnesty International released a new report entitled: Chains of Abuse: The global diamond supply chain and the case of the Central African Repub-lic. (See the press release below). The extensive report documents how the Central African Republic’s (CAR) big-gest traders have purchased diamonds worth several million dollars without adequately investigating whether they financed armed groups responsible for summary executions, rape, enforced disappearances and widespread looting, The report also documents several other abuses in the diamond sector, includ-ing child labor and tax abuse. Based on interviews with miners and traders, the report details how armed groups - the Christian or animist anti-balaka and predominantly Muslim Séléka - both

profit from the diamond trade by controlling mine sites and “taxing” or extorting “protection” money from miners and traders. It also documents the inspection gaps in diamond trad-ing centers that make it possible for blood diamonds to be traded and sold globally. The report may be accessed here: www.amnesty.org/en/documents/afr19/2494/2015/en/

As you may have read, there has also been a recent upsurge in violence in Bangui over the past week. Please see Amnesty’s statement earlier this week: http://www.amnestyusa.org/news/press-releases/new-wave-of-killings-shatters-peace-in-central-african-republicAmnesty International is continuing to monitor the situation. Keep your eyes open for forthcoming messages

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AIUSA group 48 Newsletter October 2015 Pg 2

regarding Amnesty’s concerns about human rights in the cur-rent crisis escalation.

Please share with others as appropriate. And thanks again for your support and attention for the people of CAR!

Urge Governor Brown to Push for Repeal the Oregon Death Penaltyby Terrie Rodello, Oregon State Death Penalty Abolition Coordinator

national support for a commutation. On October 1st, Alfredo Prieto is scheduled to be executed by the state of Virginia de-spite an intellectual disability that should make him ineligible for the death penalty.

The statement of Pope Francis about the death penalty has generated editorials and opinions listed below that Oregon should repeal its death penalty. The use of death penalty is written in Oregon’s constitution. Oregon’s constitution must be changed so the death penalty is no longer part of Oregon’s justice system. Governor Brown must hear that message.

Action Write a letter or an online comment to Governor Brown urg-ing the repeal of the Oregon death penalty.

Governor Kate Brown 160 State Capitol Building 900 Court Street NE Salem, OR 97301 Phone: (503) 378-4582

For online comment: http://www.oregon.gov/gov/Pages/share-your-opinion.aspx

Recent News and Editorials about Oregon’s Death Penalty: Oregonian Report by Denis Theriault: Kate Brown’s death penalty review slowly moves from back burner: http://www.oregonlive.com/politics/index.ssf/2015/09/

The visit of Pope Francis to the US has pushed the death penalty to the forefront of public debate. On September 24, 2015, in his address before a joint session of the United States Congress, Pope Francis called for the abolition of capital pun-ishment. Linking to the broader theme of protecting human life and dignity, he said, “This conviction has led me, from the beginning of my ministry, to advocate at different levels for the global abolition of the death penalty. I am convinced that this way is the best, since every life is sacred, every human person is endowed with an inalienable dignity, and society can only benefit from the rehabilitation of those convicted of crimes.”

Regardless of your view of religion or religious practice, the statement of Pope Francis on the death penalty put focus on the issue.

The visit of Pope Francis preceded an unusually high number of executions scheduled for late September and early October by five states: six executions in nine days. Three executions were scheduled for consecutive days in Georgia, Oklahoma, and Virginia, On September 30thin Oklahoma, Richard Glos-sip (http://www.deathpenaltyinfo.org/node/6256), who very possibly is innocent, was scheduled to be executed at 3 pm but due to a question about the lethal drugs for his execution, received a 37 day stay but may still be executed. Kelly Gis-sendaner (http://www.deathpenaltyinfo.org/node/6255), who received a harsher penalty than the co-conspirator who committed the murder be eligible for parole in 7 years, was executed in Georgia at 12:21 AM on September 30th, despite

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CHINA: Urgent Action - Lawyer Supporting Churches In China DetainedZhang Kai (m), Liu Peng (m), Fang Xiangui (m)

A prominent human rights lawyer and his two assistants have been detained in China as part of a wider crackdown on activists who are resisting the removal of crosses from church-es. Zhang Kai has been placed under ‘residential surveillance’ in an unknown location, which means he can be held for up to six months without access to his lawyers or family.

Prominent human rights lawyer Zhang Kai was taken away by police from a church in Wenzhou, Zhejiang province, in south-east China on August 25th. Two legal assistants of his, Liu Peng and Fang Xiangui, and several members of a local congregation, including pastors, were detained at the same time. Some have since been released, but Zhang Kai has been placed under ‘residential surveillance’, that allows the authori-ties to hold him for up to six months at a location outside of the formal detention system, without access to his lawyers or family.

Zhang Kai is being held under suspicion of ‘stealing, spy-ing into, purchasing, or illegally providing state secrets or intelligence’ to foreign actors and ‘disturbing public order’. Liu Peng is said to be under ‘residential surveillance’ for the same charges, but this has not been confirmed. Their lawyers attempted to meet with them but were denied by the authori-ties. Fang Xiangui is facing a lesser charge and is currently being held at a detention center.

Zhang Kai has been offering legal support to a number of churches in Zhejiang province after the authorities began demolishing churches and removing crosses and crucifixes in late 2013. This has intensified in recent months, and activ-ists say over 1,200 crosses have been torn down and several churches destroyed. There have been a series of protests

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against the campaign, and it is feared the recent detentions are intended to deter any further resistance.

Zhang Kai is one of over 200 lawyers and activists that were targeted as part of a nationwide crackdown that began in July. According to his colleagues, he was released after being ques-tioned, but was warned not to hold law lectures or continue representing any churches.

Action Please write immediately in English, Chinese or your own language:

◌ Demanding the authorities immediately and uncondition-ally release Zhang Kai, Liu Peng and Fang Xiangui;

◌ Pending their release, urging them to grant Zhang Kai, Liu Peng and Fang Xiangui regular, unrestricted access to their family and lawyers, and ensure they are not subjected to tor-ture and other ill-treatment;

◌ Calling on them to ensure the right to freedom of religion and belief is respected in China, with individuals protected and allowed to practice their faith free from fear, intimidation and attack.

Appeals To PLEASE SEND APPEALS BEFORE OCTOBER 16th, 2015 TO: Minister of Public Security Guo Shengkun Ministry of Public Security No. 14, Dong Chang’an Jie Dongcheng Qu, Beijing 100741 People’s Republic of China Email: [email protected] Salutation: Your Excellency

Secretary for State Administration for Religious Affairs Wang Zuo’an Xicheng Qu, Houhai Bei Lu 44 hao Beijing 100009 People’s Republic of China Fax: 011 86 106409500 Salutation: Your Excellency»


Wenzhou Police Chief Huang Baokun Juzhang Wenzhou Police Station Zhejiang Sheng, Wenzhou Shi Jinqiao Lu 2 hao 325000 People’s Republic of China Fax: 011 86 057789980149 Email: [email protected]

Copies To Ambassador Cui Tiankai Embassy of the People’s Republic of China 3505 International Place NW Washington, DC 20008 Fax: 1 202 495 2138 Email: [email protected]

Additional Information Over 200 human rights lawyers and activists were detained, missing, or brought in for questioning as part of an unprec-edented nationwide crackdown which began in July. Thirty people are still in detention or are unaccounted for. At least ten people are being held on suspicion of ‘inciting subversion

of state power’, which carries a prison sentence of up to 15 years. The crackdown was accompanied by a smear campaign in state media, with lawyers and activists accused of being part of a criminal operation to ‘undermine social stability’.

Local authorities in Zhejiang province are removing crosses from churches on the pretext of a wider urbanization and beautification campaign which is targeting illegal structures. However, the removal of over 1,200 crosses has led to a series of protests organized by Church activists in recent months. This has included sit-ins in churches and singing hymns to security officials. Several churches have said they have been subjected to audits and financial reviews, with some pastors detained on suspicion of ‘embezzlement’, after they resisted the removal of crosses.

Zhang Kai is a very important figure in combating the cam-paign against Christianity in Zhejiang. He published a small booklet to inform people of their rights in trying to defend the Cross (shi jia weiquan shouce). He also launched the Protecting the Cross Lawyers Group in July, just after being targeted in the crackdown against human rights lawyers. He was also representing many churches in their legal struggles to defend their rights.

RUSSIAN FEDERATION: Urgent Action - Tatar Activist Sentenced To Three Years In JailRafis Kashapov (m)

sian Criminal Code) and instigating hatred or hostility and the abasement of human dignity (Article 282). These charges stem from the publication of several articles on his personal page on VKontakte (a popular Russian social media site) fol-lowing the annexation of Crimea by Russia in March 2014. In his articles, he sharply criticized the Russian government’s involvement in the armed conflict in eastern Ukraine and the treatment of Crimean Tatars in the annexed Crimea.

Rafis Kashapov has been in detention since December 28th, 2014, when officials of the Federal Security Service of Ta-tarstan conducted a search of his flat and confiscated his computer and other electronic devices.

Action Please write immediately in Russian or your own language:

◌ Calling on the Russian authorities to immediately and

Tatar activist and outspoken government critic, Rafis Kashapov, was sentenced to three years in prison on 15 Sep-tember for criticizing the Russian government.

On September 15th, Rafis Kashapov, head of the local branch of the NGO Tatar Public Center, was found guilty by the City Court in Naberezhnye Chelny, Republic of Tatarstan, in Russia, of calling for actions which threaten the territorial integrity of the Russian Federation (Article 280.1 of the Rus-

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unconditionally release Rafis Kashapov, as he is imprisoned solely for peacefully exercising his right to freedom of expres-sion;

◌ Urging them to drop the charges against Rafis Kashapov and to take steps necessary to overturn his sentence.

Appeals To PLEASE SEND APPEALS BEFORE NOVEMBER 9th, 2015 TO:

Prosecutor General of the Russian Federation Yurii Yakovlevich Chaika Prosecutor General’s Office ul. B. Dmitrovka, d.15a 125993 Moscow GSP- 3 Russian Federation Fax: 011 7 495 987 5841 or 011 7 495 692 1725

Salutation: Dear Prosecutor General

Prosecutor of the Republic of Tatarstan Ildus Saidovich Nafikov Ul. Kremlevskaya 14 420111 Kazan, Russian Federation Fax: 011 7 495 982 19 50 or 011 7 843 291 19 25

Email: [email protected] Salutation: Dear Prosecutor

Copies To Ambassador Sergey I. Kislyak Embassy of the Russian Federation 2650 Wisconsin Ave. NW, Washington, DC 20007 Fax: 1 202 298 5735 Email: [email protected]

Please let us know if you took action so that we can track our impact! Send a short email to [email protected] with “UA 12/15” in the subject line, and include in the body of the email the number of letters and/or emails you sent. Thank you for tak-ing action! Please check with the AIUSA Urgent Action Office if taking action after the appeals date.

Additional Information Rafis Kashapov, head of the local branch of the NGO Tatar Public Center in Naberezhnye Chelny, Republic of Tatarstan

(one of the constituent parts of the Russian Federation), was detained at his home by ten armed men in civilian clothing on December 28th, 2014 at 6am. He was taken to Kazan, the capital of the Republic of Tatarstan, and placed in a pre-trial detention facility. He then learned that a criminal case had been opened against him under Article 280.1 and 282 of the Criminal Code of the Russian Federation.

In a decision issued on December 30th the Investigative Committee specified that the criminal charges against Rafis Kashapov related to four posts on his personal page on VKontakte. In these posts, Rafis Kashapov harshly criticized President Vladimir Putin and the Russian government for their policies towards Ukraine and denounced persecution of ethnic Crimean Tatars in the annexed Crimea.

Rafis Kashapov remained in detention throughout the investigation and the trial period because, according to the investigator, there was the risk that he would again “engage in criminal activities”. His lawyer’s request for him to be placed under house arrest with restricted access to the Internet was rejected. The trial started on June 26th, 2015 in Naberezhnye Chelny and concluded on September 15th.

The court argued that expert text analysis had established that the posts were “modeling language of hostility, intending to instigate hatred between groups,” vaguely defining several such “groups” such as government officials, Russians and Tatars. The court also took the view that where Rafis Kashapov had insulted President Putin, he had insulted those who had voted for Putin.

Already in 2009, Rafis Kashapov had been found guilty of the crime of incitement to hatred but at that time he was given a conditional sentence only. Neither the texts for which he was sentenced in 2009, nor the ones for which he has been impris-oned in 2015, incited hatred. By publishing these texts and expressing his view of the government and its policies, he has exercised his right to freedom of expression. All public fig-ures, including those exercising the highest political authority, are legitimately subject to criticism and, as established by the UN Human Rights Committee, such criticism is protected under the right to freedom of expression.


BAHRAIN: Urgent Action - Stateless Man Arrested For Posting OnlineIbrahim Karimi (m)

Action Please write immediately in English, Arabic or your own language:

◌ Urging the authorities to drop all charges against Ibrahim Karimi that relate to his exercise of his right to freedom of expression;

◌ Calling on them not to use any forced “confessions” in any proceedings against him;

◌ Urging them to drop the charges related to the revocation of his nationality

Appeals To PLEASE SEND APPEALS BEFORE NOVEMBER 12th, 2015 TO: King Shaikh Hamad bin ‘Issa Al Khalifa Office of His Majesty the King P.O. Box 555 Rifa’a Palace, al-Manama, Bahrain Fax: +973 1766 4587 (keep trying) Salutation: Your Majesty

Minister of Interior Shaikh Rashid bin ‘Abdullah Al Khalifa Ministry of Interior P.O. Box 13, al-Manama, Bahrain Fax: +973 1723 2661 Email: [email protected] Salutation: Your Excellency

Copies To Minister of Justice and Islamic Affairs Shaikh Khalid bin Ali bin Abdullah Al Khalifa Ministry of Justice and Islamic Affairs P.O. Box 450, al-Manama, Bahrain Fax: +973 1753 1284 Email (via website): http://www.moj.gov.bh/en/default76a7.html?action=category&ID=159 Twitter: @Khaled_Bin_Ali

H.E. Ambassador Shaikh Abdullah Bin Mohammed Bin Rashid Al Khalifa

Bahraini resident Ibrahim Karimi has been arrested in connection with messages posted on Twitter. He says he was forced to “confess” to charges. He has been stateless since 2012, when his nationality was arbitrarily revoked.

Plainclothes police arrested Ibrahim Karimi on September 26th at 2.30pm, at his home in the village of al-Dair. Accord-ing to his family, the police officers did not present an arrest warrant, searched his house and car, and took mobile phones that belonged to him and other members of his family, and a laser pointer. They then took him to the Criminal Investiga-tions Directorate (CID) where he was interrogated, without a lawyer, about messages posted on a Twitter account that he said did not belong to him. The Public Prosecution stated that the owner of the account was charged with “inciting hatred against the regime”, “publicly insulting the King”, “misuse of social media”, and “illegal residency”. He is being held in Dry Dock Prison, northeast of the capital, Manama.

Ibrahim Karimi has told his lawyer that he was kept in soli-tary confinement, deprived of sleep and forced to stand. He said that his interrogators at the CID insulted him and threat-ened that his son would be arrested if he did not confess to the charges against him. He then signed the “confession”. He denied all the charges when he was brought before the Public Prosecution on September 29th, with his lawyer present. The Public Prosecution ordered him to be detained for seven days, for further questioning.

Ibrahim Karimi lodged an appeal on October 29th, 2014 against an order to deport him and nine others of a group of 31 people whose nationality was arbitrarily revoked in November 2012. The order effectively renders him stateless as he does not have another nationality. The next appeal hearing is on October 18th.

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Embassy of the Kingdom of Bahrain 3502 International Dr. NW, Washington, DC 20008 Fax: 1 202 362 2192 Email: [email protected]

Please let us know if you took action so that we can track our impact! Send a short email to [email protected] with “UA 215/15” in the subject line, and include in the body of the email the number of letters and/or emails you sent. Thank you for tak-ing action! Please check with the AIUSA Urgent Action Office if taking action after the appeals date.

Additional Information The Ministry of Interior announced on November 7th 2012 that it had ordered the revocation of the nationality of 31 Bahraini citizens because they had caused “damage to state security”, under Article 10 (Paragraph C) of the Bahrain Citi-zenship Law. The 31 included activists living abroad; a lawyer; a number of people active in politics within Bahrain; a num-ber of Shi’a clerics; and others with no political or religious affiliations. Most of those living in Bahrain, including Ibrahim Karimi, do not have another nationality and were effectively rendered stateless. The 31 people were never officially notified of this decision, and learned about it from the media the day it was announced.

The government forced one of the 31, Shaikh Hussain al-Najati, to leave Bahrain on April 23rd, 2014. A lower court ordered those who still remaining in Bahrain and only have Bahraini nationality to be deported, on October 28th, 2014. Their lawyers lodged an appeal the next day, and the deporta-tion order has been halted until the court issues its verdict.

The Ministry of Interior has arbitrarily revoked the nationality of hundreds of people since 2012. In a statement issued on 31 January 31st, 2015 the Ministry of Interior said it had with-drawn the Bahraini nationality of 72 people involved in “ille-gal acts”. The 72 included former MPs, doctors, human rights activists and political opponents who have been forced to live abroad because of their anti-government activities which would put them at risk of arbitrary detention, torture or other ill-treatment. One of them, Farahat Khursheed Afrah Khur-sheed, was denied entry at Bahrain International Airport on February 5th 2015 and forced to leave the country. That day,

two other members of the group, cleric Muhamad Hassan Ali Hussain Khojasat and engineer Masaud Jahromi, were told to hand in their passports and ID cards at the Immigration Office and to sign documents confirming that they needed to regularize their legal status as they were now considered for-eigners. If they did not regularize their legal status they would be forced to leave the country. The list of 72 Bahraini citizens also included a number of people the government accused of fighting for the armed group calling itself the Islamic State.

Under the Bahrain Citizenship Law and its amendments, Ar-ticle 10 stipulates that nationality can be revoked (Paragraph A) if a person engages in the military service of a foreign country; (Paragraph B) if he helps or engages in the service of an enemy country; or (Paragraph C) if he causes harm to state security. There is no further definition or detail of what could amount to “harm to state security”. This Paragraph – used to revoke the nationality of the 31 – is therefore framed too broadly, allowing for its use to punish the legitimate and peaceful exercise of the rights to freedom of expression, as-sociation and assembly.

Article 15 of the Universal Declaration of Human Rights (UDHR) states that everyone has the right to a nationality (Paragraph 1). Paragraph 2 further specifies that no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. The requirement of due process and non-arbitrariness is also enshrined in the Bahraini Constitu-

Group CoordinatorJoanne [email protected]

TreasurerTena [email protected]

Newsletter EditorDan [email protected]

Area Coordinator Marty [email protected]

IndonesiaMax [email protected]

Prisoners’ CasesJane [email protected]

Megan Harringtonmegan.harrington @gmail.com

Concert TablingWill [email protected]

Central Africa/ OR State Death Penalty AbolitionTerrie [email protected]

AIUSA Group 48 Contact Information

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AIUSA group 48 Newsletter October 2015

tion, of which Article 17 (a) states that the “Bahraini national-ity shall be determined by law. A person inherently enjoying his Bahraini nationality cannot be stripped of his nationality except in case of treason and such other cases as prescribed by law”. Revocation of nationality resulting in statelessness would not be compatible with the right to nationality articulated in Article 15(1) of the UDHR. Article 7(6) of the 1961 Conven-tion on the reduction of statelessness also prohibits, with very few specific exceptions, any loss of nationality which results in statelessness. The obligation to avoid statelessness has been recognized as a norm of customary international law. Dis-

criminatory revocation of nationality is specifically prohibited by Article 5 D (iii) of the International Convention on the Elimination of all Forms of Racial Discrimination, to which Bahrain is a state party. Similarly, UN Human Rights Council Resolution 20/5 from July 2012 calls upon all States “to refrain from taking discriminatory measures and from enacting or maintaining legislation that would arbitrarily deprive persons of their nationality on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, especially if such measures and legislation render a person stateless”.

Group 48 Newsletter - October 2015

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