Friday, November 28, 2008

28 November 2008

Further Information on UA 325/08 (26 November 2008) – Incommunicado detention/ Risk of torture

SUDAN Osman Hummaida (m), aged 45, human rights defender
Abdel Monim Elgak (m), aged 34, human rights defender


At half past midnight on the morning of 28 November, Osman Hummaida was released after being detained incommunicado for three days by the National Security and Intelligence Services (NISS) in Khartoum. Although he is not believed to have been charged, he may face charges in the coming days or weeks.

In the evening of 26 November, Abdel Monim Elgak was released after having been detained by the NISS that morning. Although he was requested to present himself at the NISS offices for another interrogation on 27 November, he did not report because he was in poor health and is believed to have received hospital treatment that day.

Both Osman Hummaida and Abdel Monim Elgak were subjected to torture and other forms of ill-treatment while in detention by the NISS. Information available to Amnesty International indicates that during interrogations they were beaten. They were allegedly also subjected to the “waterboarding” technique, which means they would have been immobilized on their backs with their heads inclined downward and water poured over their faces, obstructing their breathing.

Osman Hummaida, who suffers from high blood pressure and asthma, was denied access to a doctor during his time in detention. Both men were held without access to the outside world. A visit request by a family member of Osman’s was denied. Reports indicate that UK embassy representatives were also refused access to Osman Hummaida, who holds a British passport, although they were providing him and his next of kin with consular assistance.

Amnesty International believes that both Osman Hummaida and Abdel Monim Elgak were detained solely because of the peaceful exercise of their rights to freedom of expression and association, and more specifically for their involvement and outspokenness on human rights issues in Sudan. They were prisoners of conscience.

Thank you to all who sent appeals. No further action is needed.

Sunday, November 23, 2008

11-23-08

URGENT ACTION APPEAL
- From Amnesty International USA

To read the current Urgent Action newsletter, go to
http://www.amnestyusa.org/urgent/newslett.html
----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa27108.pdf

Note: Please write on behalf of these persons even though you may not have received the original UA when issued on September 23, 2008. Thanks!

21 November 2008

Further Information on 271/08 (23 September 2008) Fear for safety/fear of torture or ill treatment / possible prisoners of conscience

IRAN

Maqsoud Ahdi (m) ]
Mansour Aminian (m) ]
Dariush Hatemi (m), 29 ]
Aydin Khaje’i (m), 23 ] student activists for the cultural rights of Iranian Azerbaijanis
Amir Mardani (m) ]
Majid Makuyi (m) ]
Sejjad Radmehr (m) ]
Feraz Zahtab (m), 23]

All the student activists named above, except for Dariush Hatemi, were released on bail from Tabriz prison in north-western Iran on 28 October. Dariush Hatemi continues to remain in detention because he was unable to raise the bail of US$50,000 required for his release. All the student activists have been charged with “establishing and membership of illegal groups in order to disrupt national security” and “propaganda against the state”.

According to the Vancouver-based Association for the Defense of Azerbaijani Political Prisoners (ADAPP), the police searched the students’ houses after their detention and confiscated their computers, CDs, documents and books. All the students were detained for three months in Tabriz prison, where they were regularly interrogated by Ministry of Intelligence officials. During their detention they were denied family visits although some of the activists were occasionally allowed telephone calls.

None of the activists were allowed their preferred legal representation. According to the ADAPP, family members of the student activists claimed that the students “were tortured during the detention in the Ministry of Intelligence in Tabriz and the authorities subjected them to 24-hour interrogations, sleeplessness, torture and abuses.”

BACKGROUND INFORMATION
Iranian Azerbaijanis, who are mainly Shi’a Muslims, are recognized as the largest minority in Iran and are generally believed to constitute between 25-30 per cent of the population. They are located mainly in the north and north-west of Iran. Although generally well integrated into society, in recent years they have increasingly called for greater cultural and linguistic rights, such as the right to education through the medium of the Azerbaijani Turkic language, which they believe is provided for under the Constitution, and the right to celebrate Azerbaijani culture and history at cultural events.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- welcoming the release on bail of Maqsoud Ahdi, Mansour Aminian, Aydin Khaje’i, Amir Mardani, Majid Makuyi, Sejjad Radmehr and Feraz Zahtab;
- expressing concern that the charges brought against the seven, as well as against fellow student activist Dariush Hatemi, who remains in detention, relate solely to their peaceful expression of their right to freedom of expression and assembly and urging the authorities, if this is the case, to release Dariush Hatemi immediately and unconditionally and to drop the charges against all eight;
- urging the authorities to ensure that Dariush Hatemi is protected from torture or other ill-treatment;
- call for the authorities to allow Dariush Hatemi immediate and regular access to his family and a lawyer of his choice, and to any medical treatment he may require.

APPEALS TO:

Head of the Judiciary
Ayatollah Mahmoud Hashemi Shahroudi
Howzeh Riyasat-e Qoveh Qazaiyeh / Office of the Head of the
Judiciary
Pasteur St, Vali Asr Avenue, south of Serah-e Jomhouri
Tehran 1316814737,
ISLAMIC REPUBLIC OF IRAN
Email: info@dadgostary-tehran.ir (In subject line write: FAO Ayatollah Shahroudi)
Salutation: Your Excellency

President
His Excellency Mahmoud Ahmadinejad
The Presidency
Palestine Avenue, Azerbaijan Intersection
Tehran, ISLAMIC REPUBLIC OF IRAN
Fax: 011 98 21 6 649 5880
Email: via website: http://www.president.ir/email/

COPIES TO:

Director, Human Rights Headquarters of Iran
His Excellency Mohammad Javad Larijani
Howzeh Riyasat-e Qoveh Qazaiyeh (Office of the Head of the Judiciary)
Pasteur St, Vali Asr Avenue, south of Serah-e Jomhouri
Tehran 1316814737,
ISLAMIC REPUBLIC OF IRAN
Fax: 011 98 21 3390 4986 (please keep trying)
Email: int_aff@judiciary.ir (In the subject line: FAO Mohammad Javad Larijani)
Salutation: Your Excellency

Iran does not presently have an embassy in the United States. Instead, please send copies to:

Iranian Interests Section
Embassy of Pakistan
2209 Wisconsin Ave NW
Washington DC 20007

Fax: 1 202 965 1073
Email: requests@daftar.org

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 02 January 2009.


----------------------------------
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This Urgent Action may be reposted if kept intact, including contact information and stop action date (if applicable). Thank you for your help with this appeal.

Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003

Email: uan@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566

Thursday, November 13, 2008

LETTERS, leave them in Niebuhr Center ASAP

URGENT ACTION APPEAL
- From Amnesty International USA

To read the current Urgent Action newsletter, go to
http://www.amnestyusa.org/urgent/newslett.html
----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa27808.pdf

Note: Please write on behalf of these persons even though you may not have received the original UA when issued on October 8, 2008. Thanks!

12 November 2008

Further information on UA 278/08 (08 October 2008) – Legal concern

USA 17 Uighur detainees held at Guantanamo

Seventeen Uighurs remain in indefinite military detention in
the US Naval Base at Guantanamo Bay in Cuba more than a
month after a federal judge ruled that their continued
detention was unlawful and ordered their release into the
USA. The government obtained an emergency stay of the order
from a higher court, which will now hold oral arguments on
the issue on 24 November.

On 7 October, Judge Urbina of the District Court for the
District of Columbia (DC) ordered the government to release
into the USA the 17 Uighurs whom the government had earlier
conceded are not “enemy combatants”, the label it had
attached to them for years to purport to justify their
indefinite detention without charge or trial. A majority of
the Uighurs have been cleared for release since 2003.

The USA has accepted that the Uighurs cannot be returned to
their native China because they would face a serious risk of
torture or execution there. However, it has been unable to
find a country willing to accept them in more than four
years of trying. It says it has approached and re-
approached nearly 100 countries. Clearly, the only current
way to end the indefinite detention of the Uighurs is for
them to be released into the USA. The administration is
refusing to countenance such an outcome, however, and has
turned to the US Court of Appeals for the DC Circuit to
overturn Judge Urbina’s order and allow the detainees to be
held at Guantanamo pending emergence of the third country
solution that has eluded the US government for years.

The US administration argues that Judge Urbina’s order
should be reversed because “unless otherwise authorized by
law, no court has the power to review the Executive’s
decision to exclude an alien from this country”. Judge
Urbina had recognized the sensitivity of judicial
intervention in “a field normally dominated by the
political branches”, but pointed out that it was the
government that had taken the Uighurs to Guantanamo; had not
charged them with any crime or presented any “reliable
evidence that they would pose a threat to US interests”;
and it is the government that has “stymied” its own
efforts to find a third country solution by labeling the
Uighurs until recently as “enemy combatants”. Judge Urbina
also noted that there were individuals and organizations
ready and willing to support the Uighurs upon resettlement
in the USA “by providing housing, employment, money,
education and other spiritual and social services”.

Judge Urbina had asked the government what threat the
Uighurs would pose if released into the USA, but the
government did not produce any evidence of such a threat.
Now, in its bid to have the order overturned, it has
portrayed the Uighurs as dangerous individuals, who “sought
to wage terror on a sovereign government” and who had
received “weapons training” in Afghanistan after they fled
there from China. A Court of Appeals judge has since noted
that the government had presented “no evidence” that the
Uighurs pose a threat to the US national security “or the
safety of the community or any person”. She added that the
fact that one or more of the Uighurs received training in
firearms “cannot alone show they are dangerous, unless
millions of United States resident citizens who had received
firearms training are deemed to be dangerous”.

The government argues that even if the Uighurs “were
standing at the Nation’s borders”, they would likely not be
allowed in on security grounds, under the broadly worded US
immigration law. Even if the Uighurs were “somehow entitled
to be brought into and released in the United States”, the
government argues, they would be subject to immediate and
indefinite detention under immigration law pending removal
from the USA.

The government has asserted that “negotiations are ongoing
regarding the possibility of their resettlement in third
countries”. It argues that a decision requiring the
government to release the Uighurs into the USA could
complicate such negotiations. If the 17 Uighurs were brought
to the USA, it suggests, “even our friends and allies might
be less likely to participate in resettlement efforts for
petitioners (or, indeed, for any other detainee)”. The fact
is, however, that any such efforts by the US State
Department – unsuccessful for years – have already been
undermined by the government’s own conduct – its prior
labelling of the detainees as “enemy combatants” and its
more recent campaign of innuendo labeling them as dangerous.

In its briefs to the Court of Appeals, the government has
painted a benign picture of the conditions in which the
Uighurs are now “housed” in Guantanamo’s Camp Iguana:
“special communal housing with access to all areas of the
camp, including an outdoor recreation space and picnic
area”, sleeping quarters “in an air conditioned bunk
house”, and “the use of an activity room equipped with
various recreational items, including a television with VCR
and DVD players”. The Uighurs also “have access to special
food items, shower facilities, and library materials”.
While the Uighurs’ current conditions are less harsh than
those they have endured previously, particularly in Camp 6,
they are incarcerated nonetheless. They are isolated from
the outside world, surrounded by fencing and razor wire,
monitored by armed guards and 24-hour camera surveillance,
and with only a small space for recreation. They are
shackled to the floor for visits with lawyers.

For further information, see USA: Justice Years Overdue:
Federal court hearing for Uighur detainees in Guantanamo, 7
October 2008,
http://www.amnesty.org/en/library/info/AMR51/110/2008/en;
USA: Federal judge orders release of Uighurs held at
Guantanamo, government appeals, 8 October 2008,
http://www.amnesty.org/en/library/info/AMR51/111/2008/en;
USA: US Court of Appeals blocks release of Guantanamo
Uighurs as government resorts to ‘scare tactics’, 10 October
2008,
http://www.amnesty.org/en/library/info/AMR51/113/2008/en;
and USA: Indefinite detention by litigation: ‘Monstrous
absurdity’ continues as Uighurs remain in Guantanamo, 12
November 2008,
http://www.amnesty.org/en/library/info/AMR51/136/2008/en.

RECOMMENDED ACTION: Please send appeals to arrive as quickly
as possible:
- expressing concern that the Uighurs remain in indefinite
detention at Guantanamo, and that the government continues
to litigate to keep them there pending the third country
solution that has eluded the USA for years;
- expressing concern at the US administration’s
unsubstantiated portrayal of the Uighurs in its litigation
strategy as dangerous individuals, innuendo that can only
work against third country solutions;
- welcoming the local community support in the USA that has
been pledged to help the Uighurs adjust to life outside
Guantanamo;
- calling on the US government, in the name of
humanitarianism and justice, to release the Uighur detainees
into the USA, and to work to ensure fair, safe and lasting
outcomes for these men.

APPEALS TO:

The Honorable Gregory G. Katsas
Assistant Attorney General
US Department of Justice

950 Pennsylvania Avenue NW, Room 3141, Washington, DC 20530-0001
Fax: 1 202 307 6777
1 202 616 8470
Email: Gregory.Katsas@usdoj.org
Salutation: Dear Assistant Attorney General

John Bellinger, Legal Adviser
US Department of State
2201 C Street NW
Washington, DC 20520
Fax: 1 202 647 7096
Salutation: Dear Mr. Bellinger

President George W. Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Fax: 1 202 456 2461
Email: president@whitehouse.gov
Salutation: Dear Mr President

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals
after 24 December 2008.

----------------------------------
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Amnesty International is a worldwide grassroots movement
that promotes and defends human rights.

This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable).
Thank you for your help with this appeal.

Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003

Email: uan@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566

Thursday, November 6, 2008

11-6-08

This is another version of the letters I wrote that Sara E wrote:
Dear President Zardari,

I am calling upon you to please commute the death sentence of Mr. Zulfiqar Ali. Please, please use your powers under Article 45 of the Constitution to save the life of a fellow human being. Mr. Ali is the father of two young daughters. His wife passed away in 2006 so he is their only living parent. Mr. President, these children need their father. The June 21 announcement that the death sentences of more than 7,000 people on death row would be commuted must be upheld. There is presently a worldwide trend towards the abolition of the death penalty. I believe in your power to be among the leaders of this movement. The UN General Assembly resolution on a moratorium on executions adopted on 18 December 2007 was an important moment in history. Please be among the supporters of this resolution. Please commute the death sentence of Zulfiqar Ali. Please save a human life. Please help end execution.

Thank you Sir,
Sara Earhart

=================================================

Here are the letters I have sent you in an e-mail:
You PRINT IT. SIGN IT. and DROP IT OFF IN THE NIEBUHR CENTER.

+++++++
SAMPLE LETTERS:
++++++++

Mr. Asif Ali Zardari,

On behalf of ZULFIQAR ALI and his daughters, I ask for you to use your
power under Article 45 of the Constitution to COMMUTE HIS DEATH SENTENCE.
I ask that you would implement the announcement from June 21 that stated
the death sentences of 7,000 people on death row would be commuted. Please
implement an immedaite MORATORIUM OF ALL EXECUTIONS, in accordance with
the UN General Assembly resolution adopted on 18 December 2007, which
reinforced the global trend of ABOLISHING THE DEATH PENALTY.

Sincerely,
-your name- (preferably sign it by hand in cursive, then print your name
underneath)

=============
Write Separately
================

Ambassador Mahmud Ali Durrani,

On behalf of ZULFIQAR ALI and his daughters, I ask for you to use your
power under Article 45 of the Constitution to COMMUTE HIS DEATH SENTENCE.
I ask that you would implement the announcement from June 21 that stated
the death sentences of 7,000 people on death row would be commuted. Please
implement an immedaite MORATORIUM OF ALL EXECUTIONS, in accordance with
the UN General Assembly resolution adopted on 18 December 2007, which
reinforced the global trend of ABOLISHING THE DEATH PENALTY.

Sincerely,
-your name- (preferably sign it by hand in cursive, then print your name
underneath)

==================================================
HERE IS THE INFORMATION ABOUT THE PEOPLE YOU ARE WRITING TO SAVE
+++++++++++++++++++++++++++++++++++++++++++=
URGENT ACTION APPEAL
- From Amnesty International USA

To read the current Urgent Action newsletter, go to
http://www.amnestyusa.org/urgent/newslett.html
----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa30208.pdf


31 October 2008

UA 302/08 - Death Penalty

PAKISTAN Zulfiqar Ali (m), aged 38

Zulfiqar Ali was scheduled to be executed on 22 October, but his sentence
was not carried out, for reasons not known to Amnesty International. He
could be hanged at any time.

Zulfiqar Ali was arrested on 14 April 1998 on a charge of murder. Since
then, he has been detained at Adiala Central jail, in the city of
Rawalpindi, Punjab province. According to Pakistani non-governmental
organizations Ansar Burney Trust, his family could not afford to hire a
lawyer to represent him. It is unclear whether Zulfiqar Ali was provided
with a defense lawyer by the court, or whether he defended himself. If he
did not have the option to be assisted by a defense lawyer, his trial
would be in breach of international fair trial standards.

He had been scheduled to be executed on 8 October, but President Asif Ali
Zardari issued a two-week stay of execution on 7 October even though he
had previously rejected Zulfiqar Ali's mercy petition. President Zardari's
rejection of Zulfiqar Ali’s mercy petition occurred after an announcement
on 21 June by Prime Minister Gilani of the government's commitment to
commute death sentences to life imprisonment. However, this decision has
yet to be implemented.

Zulfiqar Ali is the only surviving parent of his two daughters, aged 10
and 11. His wife died of leukemia in 2006. While on death row, Zulfiqar
Ali gained a Masters degree in political science and is currently studying
for a Master of Business Administration (MBA) degree.

BACKGROUND INFORMATION
Article 45 of the Constitution of Pakistan clearly states: "The President
shall have power to grant pardon, reprieve and respite and to remit,
suspend or commute any sentence passed by a court, tribunal or authority".

It is estimated that 159 people have been sentenced to death in Pakistan
in 2008, and around 35 people have been executed so far this year. Prime
Minister Gilani's announcement on June 21 that all existing death
sentences would be commuted is being considered by the Supreme Court of
Pakistan, which is to rule on its constitutionality. Fifteen of people
have been put to death after the Prime Minister’s statement.

There are currently more than 7,000 people who are on death row in
Pakistan. The former Human Rights Minister, Ansar Burney, stated that 60
to 65 percent of death row prisoners were innocent or "victims of a faulty
system".

On 18 December 2007, the United Nations General Assembly adopted a
resolution on a worldwide moratorium on the use of the death penalty. The
former government of Pakistan, under President Pervez Musharraf, voted
against the resolution.

Amnesty International opposes the death penalty in all cases. The death
penalty is a symptom of a culture of violence, and not a solution to it.
It has not been shown to have any greater deterrent effect than other
punishments, and carries the risk of irrevocable error. The death penalty
is the ultimate form of cruel, inhuman and degrading treatment, and a
violation of the right to life, as proclaimed in the Universal Declaration
of Human Rights and other international human rights instruments.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- calling on the President to use his powers under Article 45 of the
Constitution to commute the death sentence handed down to Zulfiqar Ali;
- calling on the President Zardari to urgently implement the June 21
announcement that the death sentences of more than 7,000 people on death
row would be commuted;
- calling for an immediate moratorium on all executions in the country, in
accordance with the UN General Assembly resolution on a moratorium on
executions adopted on 18 December 2007, reinforcing the worldwide trend
towards abolition of the death penalty.


APPEALS TO:

Mr Asif Ali Zardari
Pakistan Secretariat
Islamabad
PAKISTAN
Fax: 011 92 51 9221422
011 92 51 2282741 (Faxes may be switched off outside office hours.
Pakistan is 6 hours ahead of GMT)
Salutation: Dear President Zardari


COPIES TO:

Ambassador Mahmud Ali Durrani
Embassy of Pakistan
3517 International Ct., NW
Washington DC 20008
Fax: 1 202 686 1544
Email: info@embassyofpakistanusa.org
ambassador@embassyofpakistanusa.org


PLEASE SEND APPEALS IMMEDIATELY.


Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: uan@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566

++++++++++++++++++++++++

In Peace,
Sara Schroeder