Amnesty International News & Updates Feed

Omar Khadr must be immediately repatriated to Canada

Tue, 15 Jul 2008 16:51:21 +0100

Reacting to today’s release of a video publicly showing Canadian citizen Omar Khadr being questioned at the US detention center in Guantanamo Bay, Amnesty International called for Khadr to be repatriated to Canada immediately.

The video is the first of a detainee being questioned in Guantanamo and shows Khadr being interrogated by Canadian officials in 2003 when he was just sixteen years old.

While he is not shown being directly ill-treated, he is shown crying, calling out for help repeatedly and showing his wounds to the officials. He is also shown as being without legal representation.

“The treatment of Omar Khadr throughout his detention violates the USA’s obligations under international law, which requires that in all actions concerning children the best interests of the child must be a primary consideration,” said Amnesty International.

“The US has violated international standards by refusing to recognize Omar Khadr’s status as a minor and treating him accordingly.”

On 19 June, Omar Khadr appeared at a military commission pre-trial hearing in Guantanamo. A trial date in his case was set for 8 October 2008.

“No one who was a child at the time of their alleged crime should be tried by military commissions, which have no juvenile justice provisions whatsoever,” said Amnesty International. “Omar Khadr should either be repatriated and tried in Canada by an ordinary court or released.”

Amnesty International said that the entire military commission system is fundamentally flawed and the tribunals must be abandoned in all cases.

Background information
Omar Khadr was detained by the US military in Afghanistan in 2002, when he was 15 years old. He has been held in Guantanamo Bay since he was 16. He is now 21.

Successive Canadian governments have repeatedly stressed that they sought and received assurances from US authorities that Omar Khadr was being treated humanely in detention at Guantánamo Bay. However, documents released on 10 July 2008 (following a December 2007 Supreme Court of Canada decision that Omar Khadr should be granted access to some of the records of his interrogation by Canadian officials in 2003 and 2004) revealed that the Canadian government was aware that he was being subjected to so-called “stress and duress” techniques. Yet, Canadian officials still proceeded with their interrogations of Omar Khadr.

To see further information about the case of Omar Khadr, please see:

USA: In whose best interests? Omar Khadr, child ‘enemy combatant’ facing military commission, 16 April 2008, http://www.amnesty.org/en/library/info/AMR51/028/2008/en

Other relevant materials:

http://www.amnesty.org/en/library/info/AMR51/066/2008/en
http://www.amnesty.org/en/library/info/AMR51/065/2008/en
http://www.amnesty.ca/resource_centre/news/view.php?load=arcview&article=4373&c=Resource+Centre+News

Military judge warns 9/11 accused of disadvantages of self-representation

Thu, 10 Jul 2008 18:52:41 +0100

Three of the five men accused of orchestrating the attacks of 11 September 2001 and facing a death penalty trial by military commission are appearing in front of a military judge in Guantánamo on Thursday. Amnesty International has an observer there, who’s following the proceedings this week.

The two other defendants appeared before the judge, US Marine Colonel Ralph Kohlmann, on Wednesday. He heard the two men's assurances that they were not intimidated into making their decision on self-representation.

He also warned that, if the men chose to represent themselves, their defence would be hindered because they would not be given access to classified documents or any sensitive material the judge considered should be protected in the interest of national security.

A primary issue of the hearings was to tackle the question of whether the decisions by the men at their arraignment on 5 June 2008 to represent themselves were taken voluntarily. The court considered reported indications that one or more of the defendants may have felt coerced by the other defendants into opting for self-representation.

‘Ali ‘Abd al-‘Aziz ‘Ali (‘Ammar al Baluchi), a Pakistani national, and Saudi national Mustafa al Hawsawi were the two defendants who were questioned by the judge on Wednesday. Both men denied having been intimidated by any other of the accused into making their decision on representation.

Mustafa al Hawsawi said that the defendants had talked to each other during the arraignment and "reached some common ground". When asked whether any of the other four accused had done anything that he perceived as an order or a threat, or an instruction as to how to act in the proceedings, Hawsawi responded "without doubt, no" and "absolutely no".

‘Ammar al Baluchi told the military judge that the allegations of intimidation were a misunderstanding as a result of the interpreter not understanding their culture and a joke told by Khalid Sheikh Mohammed at the expense of Mustafa al Hawsawi.

Al Baluchi told the judge that he had chosen freely to represent himself for a number of reasons, including religious and ethical ones, and because "these proceedings – I am not satisfied with them." He said that, "simply", the "justice" of this "top secret trial" was in question.

He acknowledged that he "may be compromised by my lack of experience of law", but added that, due to his "lack of contact with the lawyers, I do not know what they do or will do in my absence. No one could tell me what they are doing in my absence. So I choose to represent myself."

He also related a number of issues of concern that, if left without remedy, Amnesty International considers would represent a substantial violation of his right to be able to conduct his defence. He noted that, despite his decision to represent himself, the authorities had refused to deliver to the judge two letters and a motion he had written. He said he had neither access to a computer nor access to a law library.

He also said that it was difficult to contact and consult with his standby counsel – they could not come to Guantánamo often and they could not email and letters took a long time (if delivered). He said that, while lawyers could send the judge emails and letters and file motions, he could not.

Judge Kohlmann made a finding that al Baluchi had knowingly and voluntarily chosen self-representation, that the defendant wanted his US military lawyers to act as standby counsel, and that his US civilian counsel could act as legal consultants.

Al Hawsawi said that he had not yet made up his mind whether or not he wanted to accept his military or civilian counsel. The judge ordered the military lawyer assigned to the case to remain on it, and the civilian lawyer could serve as a legal adviser, unless and until al Hawsawi indicated to the contrary.

The question of classified information also arose. Amnesty International has previously raised its concern that defendants, even if represented by security-cleared lawyers, may face a possibly insurmountable barrier in relation to testing certain classified evidence used against them. This obstacle might be even greater in the case of defendants representing themselves.

In his session with al Hawsawi, for example, Colonel Kohlmann told the defendant that, if he chose to represent himself, he would not be given access to classified documents prior to trial because he does not have security clearance. He said that he would not be given access to any sensitive materials that the judge considered should be protected in the interest of national security. Lack of access to such material would significantly hinder the defendant’s ability to represent himself, the judge warned.

Amnesty International has said that it considers the 11 September attacks to have been a crime against humanity and has consistently called for justice and security to be pursued within a framework of strict adherence to international law. The organization has said that the US government has systematically failed in this regard.

Amnesty International continues to urge the US government to abandon the military commission trials, and to bring any defendants before the ordinary federal courts, without resort to the death penalty.

Guantánamo military commission hearings resume (News, 9 July 2008)

Guantánamo military commission hearings resume

Wed, 09 Jul 2008 14:51:55 +0100

“Further, proceedings must not only be fair, they must appear fair to all who observe them” – US Supreme Court, 19 June 2008

Five Guantánamo detainees accused of involvement in the attacks of 11 September 2001 in the USA are due to appear in front of a military judge this week. Pre-trial hearings in the case resumed on Wednesday. Amnesty International has an observer at the proceedings.

The defendants are Khalid Sheikh Mohammed, Walid bin Attash, Ramzi bin al-Shibh, ‘Ali ‘Abd al-‘Aziz ‘Ali (‘Ammar al Baluchi) and Mustafa al Hawsawi. The US government intends to try the men in a joint trial and to seek the death penalty against them.

Before being transferred to Guantánamo in September 2006, these five men had been held in secret incommunicado detention by the CIA for between two and three years. They were arrested in Pakistan in 2002 and 2003. Their fate and whereabouts concealed, they became victims of enforced disappearance, which is, like torture, a crime under international law.

At least one of the defendants, Khalid Sheikh Mohammed, was subjected to the form of water torture known as “waterboarding”, simulated drowning. The US authorities have not revealed which other “standard” or “enhanced” interrogation techniques were used against these and other CIA detainees. Any techniques used against the men, their conditions of detention and the location of CIA detention facilities remain classified at the highest level of secrecy.

The military judge overseeing the case, Marine Colonel Ralph Kohlmann, will hold separate hearings over the next two days with each of the men. One of the main issues to be examined is the question of legal representation and, specifically, whether the decisions taken by the men at the arraignment on 5 June 2008 to represent themselves were made voluntarily.

Another issue is the question of a joint trial versus separate trials. Colonel Kohlmann wrote that he “intends to discuss” the question of separating trials “in the event it appears that an accused or the Government is prejudiced by a joint or common trial”.

Amnesty International continues to urge the US government to abandon the military commission trials, and to bring any defendants before the ordinary federal courts, without resort to the death penalty.

Human rights abuses in Tunisia continue despite denial

Tue, 08 Jul 2008 16:33:40 +0100

A former prisoner and alleged torture victim, whose case was cited in Amnesty International's recent report on human rights abuses in Tunisia, has been re-arrested.

In what appears to be reprisal by the Tunisian authorities, Ziad Fakraoui was taken from his family home in Tunis on 25 June 2008, two days after the report’s publication.

Two Tunisian defence lawyers have also been subjected to harassment by Tunisian police and security forces after they spoke at a Paris press conference to launch the report.

The report, In the Name of Security: Routine Abuses in Tunisia, called on the Tunisian government to end human rights abuses while countering terrorism and hold its security forces to account.

Ziad Fakraoui was re-arrested by men in civilian clothing who identified themselves as state security officials. He was detained incommunicado for seven days.

On 2 July, his lawyers learnt that he was brought before an investigating judge on 28 June and charged with belonging to a terrorist organization and incitement to terrorism.

These were the same charges for which he was arrested in 2005 and sentenced to 12 years’ imprisonment in December 2007, reduced to three years on appeal in May 2008. He was released on 24 May as having already served his sentence.

He is currently detained in Mornaguia prison some 15km east of Tunis. His family was able to visit him. His lawyers are yet to be allowed to meet with him.

The two Tunisian lawyers and human rights defenders, Samir Dilou and Anouar Kousri, who described their experience as defence lawyers at the press conference on 23 June, were harassed by security officials when they returned to Tunis.

They were held for up to two hours at Tunis airport by security officials who searched them and their luggage. Subsequently, police visited their homes and told them that they should report to a police station without giving them a reason why.

Police questioned them about their participation in the Amnesty International press conference and accused them of circulating false information and harming Tunisia’s image abroad. Samir Dilou was threatened with prosecution if he continues such activities.

Amnesty International has urged the Tunisian government to grant Ziad Fakraoui immediate and regular access to his lawyer and to ensure that he is not tortured or otherwise ill-treated in detention.

The organization has also called on the Tunisian government to give him regular access to his family and any medical treatment he may require and to promptly charge him with a recognizably criminal offence and bring him before a court in fair proceedings or to release him.

Amnesty International has also called on the Tunisian government to end the practice of illegal detention in Tunisia and the harassment of Samir Dilou, Anouar Kousri and other human rights defenders.

Spotlight on torture

Wed, 25 Jun 2008 17:24:55 +0100

On 26 June, International Day in Support of Victims of Torture, Amnesty International members and supporters are taking action around the world. They are calling on governments to reaffirm their commitment to the consensus affirmed after the Second World War - that torture and other ill-treatment are absolutely prohibited.

Click on the pictures to the right to watch a slideshow with images of the day.

Recently, there has been a new and acute threat to the international prohibition of torture and other ill-treatment in the context of government responses to the threat of terrorism. It is the validity of the absolute prohibition itself that has been challenged by the actions of governments around the world.

What this means in reality is that individuals are subjected to horrific practices. In the context of government counter-terrorism strategies, Amnesty International has documented practices such as:

beatings, electric shocks, simulated drowning, prolonged isolation and other physical abuse;
the return of individuals to countries where they are at risk of torture, sometimes on the basis of flimsy “diplomatic assurances”;
secret detention.

Amnesty International is calling on all governments to: condemn all forms of torture and other ill-treatment; prevent torture, including through ending secret and incommunicado detention; and hold to account those responsible for authorising, facilitating, or inflicting torture or other ill-treatment.

Today is not a day of passive remembrance but one for action: governments and citizens across the world should act to reverse the trend of recent years and eradicate these cruel and inhuman practices.

Don’t let torture go unchallenged:

In view of France’s Presidency of the European Union, please send an email to President Nicolas Sarkozy and urge him to lead the EU Council to take action to end rendition and secret detention;

Write to the Tunisian government and demand it taks steps to end torture and other ill-treatment;

Video: Torture can never be justified

Thu, 26 Jun 2008 18:43:42 +0100

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In the video:

Murat Kurnaz, former detainee in Afghanistan and Guantánamo

President Jimmy Carter, US President 1977 - 1981

Manfred Nowak, UN Special Rapporteur on Torture

Mary Robinson, Former Irish President 1990 - 1997

Abu Omar, Victim of rendition and secret detention

Malcolm Nance, former counter-terrorism advisor for the US government

Make human rights in Tunisia a reality

Wed, 25 Jun 2008 16:25:31 +0100

A harsh and disturbing reality lies behind the image of Tunisia as a holiday paradise and human rights beacon that the government has sought to paint. In truth, it is a country where violations by security forces are rampant and go unpunished.

Saber Ragoubi was tried unfairly and sentenced to death in December 2007, largely on the basis of information obtained from him and other co-defendants under torture. At his trial, he said: “I was assaulted in Mornaguia prison and lost three of my front teeth; I request an investigation into the assault. I was also stripped naked to force me to shave my beard.” Read more about his case

Houssine Tarkhani was forcibly returned from France to Tunisia and was detained on arrival in June 2007. He has been charged with terrorist offences and is awaiting trial. When he was able to speak to his lawyer in 2007, he said: “I was beaten with a stick all over my body, given electric shocks and threatened with death. When I asked to read the police report, which I had been forced to sign without reading, I was subjected to further beatings. Read more about his case

The Tunisian government’s security and counter-terrorism policies and practices are leading to serious human rights violations, despite legal reforms that theoretically offer better protection.

Call on the Tunisian government to live up to the promises it has made on paper to respect human rights.

You can do something to improve the human rights situation in Tunisia by taking action on behalf of Saber Ragoubi and Houssine Tarkhani. Send a letter or a fax to the Tunisian authorities using the model letters attached and demand justice for them.

End rendition and secret detention: Europe’s duty

Tue, 24 Jun 2008 17:38:49 +0100

European states have been implicated in the US-led rendition and secret detention programme, in which people have been unlawfully detained and transferred from one country to another outside of any judicial process.

Some have been transferred from US custody to countries where torture and other ill-treatment is known to accompany interrogation; others have been transferred into US custody and subsequently held in detention centres in Afghanistan and Guantánamo Bay, Cuba.

A number of individuals have been subjected to enforced disappearance, including in secret CIA detention, and the whereabouts of some three dozen people remain unknown. Every one of the victims of rendition interviewed by Amnesty International has said they were tortured or otherwise ill-treated in custody.

Investigations by the Council of Europe and the European Parliament have recommended that Member States take measures to prevent such human rights violations occurring in the future and to ensure redress, including reparation, to the victims.

These recommendations have not been implemented to date.

Video: Abu Omar, victim of rendition and secret detention

Tue, 24 Jun 2008 12:57:10 +0100

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US and Italian agents snatched Abu Omar from the streets of Milan in February 2003

He was rendered by US agents, via Germany, to Egypt, where he was held for nearly four years, including 14 months in secret detention.

Video: Manfred Nowak, UN Special Rapporteur on Torture

Tue, 24 Jun 2008 13:10:54 +0100

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Manfred Nowak is the UN Special Rapporteur on Torture.

In May 2008, he spoke to Amnesty International about the role of European states in the US-led programmes of rendition and secret detention.

Amnesty International News & Updates Feed

Omar Khadr must be immediately repatriated to Canada

Military judge warns 9/11 accused of disadvantages of self-representation

Read More:

Guantánamo military commission hearings resume

Human rights abuses in Tunisia continue despite denial

Spotlight on torture

Don’t let torture go unchallenged:

Video: Torture can never be justified

Make human rights in Tunisia a reality

End rendition and secret detention: Europe’s duty

Video: Abu Omar, victim of rendition and secret detention

Video: Manfred Nowak, UN Special Rapporteur on Torture