Tuesday, December 23, 2008

December 23, 2008

URGENT ACTION APPEAL
- From Amnesty International USA

To read the current Urgent Action newsletter, go to
http://www.amnestyusa.org/urgent/newslett.html
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For a print-friendly version of this Urgent Action (PDF):
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23 December 2008

UA 350/08 Health concern/Legal concern

USA Ahmed Zaid Salem Zuhair (m), Saudi Arabian national, aged 44

Guantanamo detainee Ahmed Zuhair began a hunger-strike in mid-2005, and has been force-fed since August 2005. According to his lawyer, his health has deteriorated significantly since August 2008, and is now a cause for serious concern.

Ahmed Zuhair's lawyer met with him in Guantanamo on 14 and 15 November. On 27 November he filed an emergency motion in US District Court, saying that his client had vomited repeatedly during the first two hours of their meeting, and
appeared to have lost about a quarter of his body weight in the past three months, down from 137 pounds (62kg) in August to little over 100 pounds (45kg), and was now about 30 per cent below his medically ideal body weight. He said that Ahmed Zuhair's chest was "skeletal" and his "legs looked like bones with skin wrapped tight around them."

The emergency motion asserted that "Mr Zuhair--who does not physically resist force-feeding--is nevertheless painfully strapped into a six-point restraint chair for each of these twice-daily feeding sessions lasting two hours or more. At the beginning of his hunger strike, Mr Zuhair was force-fed in a bed, without restraints. As Mr Zuhair's counsel have previously brought to this Court's attention, prolonged restraint is medically unnecessary, is uncalled for by Mr Zuhair's conduct, and caused Mr Zuhair severe pain." Ahmed Zuhair began reporting intense stomach pain during force-feeding in mid-2008, telling his lawyer that he suffered pain "like a fire" in his stomach when he received the nutrients. Zuhair also told his lawyer that the restraint chair was like a "saw cutting through my spine."

In a declaration filed with the emergency motion, a doctor who has reviewed the lawyer's observations said that Ahmed Zuhair's medical condition was cause for substantial concern. In particular, the doctor considered that Zuhair's "profound weight loss, associated with constant vomiting, is a serious and potentially life-threatening medical problem which the medical staff at Guantanamo has failed to address."

The emergency motion sought an order from the District Court to force the government to "address, diagnose, and treat the cause of Mr Zuhair's chronic vomiting and to address the concomitant side-effects of his chronic malnutrition." The motion also asked the court to order the government to feed Zuhair with a corn-free solution (in case his vomiting is a result of an allergy to corn), to cease the use of the restraint chair for his force-feeding, to release Zuhair's medical records, and allow him an independent medical examination.

The government opposed the motion, arguing that the District Court did not have jurisdiction to consider the claim. It maintained that, in any event, Zuhair had been provided "timely, compassionate, quality healthcare," and his weight loss was due to "intentional vomiting." It made general allegations about assaults by hunger-striking detainees on guards and medical staff in 2005 and 2006 to justify its use of the restraint chair on Zuhair, who it did not allege had engaged in such misconduct. The government stated that staff at Guantanamo had determined that the use of the restraint chair facilitates the feeding process and protects staff. To grant Ahmed Zuhair’s request to end use of the chair against him, it argued, "would potentially place his comfort ahead of the maintenance of his health or the safety of the medical staff."

Ahmed Zuhair has told his lawyer that the restraint chair was introduced as a form of collective punishment. The emergency motion alleges that the Guantanamo authorities have sought to compel Zuhair to end his protest both through the use of force and by conditioning adequate medical treatment on his ending his hunger strike. It claims that on occasion members of the military guard force have conducted the force-feeding of hunger-strikers, and that these personnel had conducted the feeding in a violent manner. Feeding by medical personnel was only resumed, according to the petition, when Zuhair and other detainees began smearing themselves in their own feces to deter this treatment. The government's opposition to the emergency petition denies that the restraint chair was "being used to punish" Ahmed Zuhair.

On 18 December, District Court Judge Emmett Sullivan ordered the US authorities to allow a court-appointed independent medical expert to examine Ahmed Zuhair. Judge Sullivan ordered the parties to produce a list of proposed medical experts by 24 December. He also ordered the government to release Zuhair's medical records to his lawyers.

According to his 2008 petition for habeas corpus, in late December 2001 Ahmed Zuhair was seized in a market in Lahore, Pakistan, by a dozen men in civilian clothes. He was blindfolded and taken to a house in a residential area of
Lahore, where, he said, he was tortured and otherwise ill-treated. In early January 2002, he was transferred to a military facility in the capital, Islamabad, and held incommunicado there for about 10 weeks: in mid-March 2002 he was handed over to US custody and held in Bagram air base in Afghanistan. In June 2002 he was transferred to detention in Kandahar, where he was held for two weeks. He said he was ill-treated in US custody in Afghanistan, including forced prolonged kneeling and stripping during interrogations. He was transported to Guantanamo in mid- to late June 2002. Ahmed Zuhair began his hunger strike in mid- 2005, to protest at his indefinite detention without charge and the conditions in which he is detained.

BACKGROUND INFORMATION
About 250 detainees of around 30 nationalities are still held in Guantanamo, most without charge or trial. President-elect Barack Obama has said that one of the measures of the success of his first two years in office will be whether the
Guantanamo detention facility is closed down "in a responsible way."

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- expressing concern about the health of Guantanamo detainee Ahmed Zuhair;
- welcoming Judge Emmett Sullivan's order for an independent medical examination of Ahmed Zuhair, and calling on the authorities to ensure this is done as soon as possible;
- calling for an immediate end to the use of the restraint chair against Ahmed Zuhair during force feeding;
- calling on the authorities to ensure that Ahmed Zuhair receives all necessary medical treatment;
- calling for the release of Ahmed Zuhair, unless he is immediately charged with recognizably criminal offenses for trial in ordinary US federal court.

APPEALS TO:

The Honorable Robert M. Gates
US Secretary of Defense
1000 Defense Pentagon
Washington DC 20301
Fax: 011 1 703 571 8951
Salutation: Dear Secretary of Defense


(Until 20 January only)
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; or 1 202 616 8470
Email: Gregory.Katsas@usdoj.org
Salutation: Dear Assistant Attorney General


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 2 February 2009.
(If appealing after 20 January, send appeals only to Secretary Gates).


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Tip of the Month:
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Amnesty International is a worldwide grassroots movement that promotes and defends human rights.

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, December 18, 2008

December 18th, 2008

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/uaa34608.pdf

18 December 2008

UA 346/08 - Imminent Execution

INDONESIA Jurit bin Abdullah (m)
Ona Denis (m)

The two men named above are in imminent danger of execution.
The Deputy Attorney for General Crimes told the Indonesian
news agency Antara on 5 December that the executions would
be carried out before the end of the year. According to
Antara, both men have exhausted all the legal avenues to
avoid execution, including an appeal for presidential
clemency. However, the president still has the power to
commute their sentences.

Jurit bin Abdullah has been sentenced to death twice, for
two murders, carried out in May and August 1997. He received
the second death sentence in April 2008.

Ona Denis was born in Nigeria but traveled to Indonesia 2001
on a Malawian passport. He was convicted of smuggling 1kg of
heroin into the country in 2001, and sentenced to life
imprisonment
. He appealed, and the High Court of Appeal
sentenced him to death.

BACKGROUND INFORMATION
Death sentences in Indonesia are carried out by firing
squad
. The prisoner can choose to stand or sit, and has the
option of a blindfold or a cover for the entire head. There
are 12 people in each firing squad, who fire from a distance
of between five and 12 meters. Six of the rifles are loaded
with blanks.

At least 107 people are known to be under sentence of death
in Indonesia, 11 of who were convicted and sentenced to
death in 2007. After a 14-month hiatus, Indonesia resumed
executions on 26 June 2008. Since then it has executed 10
people.

In 2006, Indonesia ratified the International Covenant on
Civil and Political Rights
(ICCPR), which states that
“every human being has the inherent right to life.”
However, the Indonesian authorities did not authorize
ratification of the Second Optional Protocol to the ICCPR,
which requires the introduction of a moratorium on
executions, preparatory to complete abolition of the death
penalty.

RECOMMENDED ACTION: Please send appeals to arrive as quickly
as possible:
- calling on President Yudhono to commute the death
sentences
imposed on Jurit bin Abdullah and Ona Denis;
- acknowledging that Indonesia has a right and
responsibility to address serious crime, and expressing
sympathy for its victims, but pointing out that there is no
clear evidence that the death penalty is an effective
deterrent;
- calling on the authorities to sign and ratify the Second
Optional Protocol to the International Covenant on Civil and
Political Rights
and establish a moratorium on executions,
as a first step towards the abolition of the death penalty,
as advocated in the UN General Assembly Resolution of 18
December 2007.

APPEALS TO:
Please note that fax machines may be switched off outside
office hours (GMT+6).

President
President Susilo Bambang Yudhoyono
, President RI, Istana Merdeka,
Jakarta Pusat 10110, INDONESIA
Fax: 011 62 21 345 2685
011 62 21 526 8726
Salutation: Dear President Yudhoyono

Attorney General
Mr. Hendarman Supandji, Jaksa Agung, J. Sultan Hasanuddin
No. 1, Kebayoran Baru, Jakarta, INDONESIA
Fax: 011 62 21 725 0213
Salutation: Dear Attorney General

COPIES TO:
Ambassador Sudjadnan Parnohadiningrat
Embassy of the Republic of Indonesia
2020 Massachusetts Ave. NW
Washington DC 20036

Fax: 1 202 775 5365
Email: http://www.embassyofindonesia.org/detail/contactus.php

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals
after 31 December 2008.

----------------------------------
Tip of the Month:
Use shortcuts: Do whatever is necessary to make your letter
writing as quick and easy as possible. This way, letters
will not be put off and they can be sent out sooner. Start
by making a generic file for each type of concern;
paragraphs on torture, the death penalty, disappearances,
denial of medical care and so on, can be copied into your
working file and edited as needed.

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

Wednesday, December 10, 2008

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/uaa33608.pdf


10 December 2008

UA 336/08 - Possible enforced disappearance/Fear for safety

MEXICO Javier Torres Cruz (m), aged 28

Peasant farmer Javier Torres Cruz may have been subjected to enforced disappearance on 3 December. The authorities have denied knowledge of his whereabouts and there are concerns for his safety following earlier attempts to detain him which may be connected to his role as a witness in a high profile murder case.

According to an unconfirmed witness report, Javier Torres was detained after being stopped at military roadblock. His sister last heard from him when he telephoned her to enquire about his children on 3 December. The conversation however ended when the phone was cut off abruptly.

Javier Torres Cruz is from the tiny community of La Morena, Petatlan municipality, Guerrero state, and a member of a grassroots organization, Organizacion Ecologista de la Sierra de Coyuca y Petatlan (Environmental Organization of the Coyuca and Petatlan Mountains). At 5 am on 13 November, a group of about 100 soldiers went to La Morena in order to find Javier Torres and two of his brothers. The three brothers were not there at the time, but according to relatives, soldiers searched four houses. They also threatened, slapped and pointed their guns at women and children. That same evening, a group of about 30 armed men in plain clothes also came to the community in order to find Javier Torres and his brothers. They too, could not locate them.

In September 2007, Javier Torres and his uncle had testified against a local political boss (cacique) following his alleged involvement in the killing of human rights defender, Digna Ochoa y Placido, in Mexico City in 2001. A local human rights organization believes that Javier Torres’ possible disappearance may be connected to his role as a witness in this case.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- expressing concern for the safety of Javier Torres Cruz, who may have been detained by members of the military on 3 December 2008 near La Morena community, Petatlan municipality, Guerrero state;
- urging the authorities to make every effort to locate Javier Torres Cruz and to promptly establish his fate and whereabouts;
- calling on the authorities to conduct an independent and impartial investigation into the disappearance of Javier Torres Cruz and bring those responsible to justice;
- calling for a full enquiry into reports that he was detained by members of the military at a road block;
- if Javier Torres Cruz is in custody, call on the authorities immediately acknowledge his detention, ensure that he is given access to his family, medical assistance and legal advice, and is charged with a recognizable criminal offense or released.


APPEALS TO:

Minister of National Defense
Gral. Guillermo Galvan Galvan
Secretaria de la Defensa Nacional
Blvd
. Manuel Avila Camacho s/n, esq. Av. Industria Militar
Col. Lomas de Sotelo, Del. Miguel Hidalgo
Mexico
D.F., C.P. 11640
MEXICO
Fax: 011 52 55 55575571
Email: dn_sdn@mailsedena.gob.mx
Salutation: Senor Secretario / Dear Minister

Attorney General of the Republic
Lic. Eduardo Medina-Mora Icaza
Procurador General de la Republica
Procuraduria General de la Republica
Av. Paseo de la Reforma no 211-213, Piso 16
Col. Cuauhtemoc, Del. Cuauhtemoc
Mexico D.F., C.P. 06500
MEXICO
Fax: 011 52 55 5346 0908
Salutation: Senor Procurador General/Dear Attorney General

Governor of Guerrero
Lic. Zeferino Torreblanca Galindo
Gobernador del Estado de Guerrero
Palacio de Gobierno
Edificio Centro, piso 2, Ciudad de los Servicios
CP 39075, Chilpancingo, Guerrero
MEXICO

Fax: 011 52 747 471 9956
Email: gobernador@guerrero.gob.mx
Salutation: Senor Gobernador/Dear Governor

Attorney General of Guerrero
Lic. Eduardo Murueta Urrutia
Procurador del Estado de Guerrero
Carretera Nacional Mexico-Acapulco Km. 6+300
Tramo Chilpancingo-Petaquillos
Chilpancingo 39090, Guerrero
MEXICO
Fax: 011 52 747 472 2328
Email: cprocurador@pgjgro.gob.mx
Salutation: Senor Procurador / Dear Attorney

COPIES TO:

Human rights organization
Colectivo Contra la Tortura y la Impunidad
Calle Pitagoras 1210-16
Col. Del Valle 03100
Mexico DF
MEXICO
Email: Colectivo@contralatortura.org

Ambassador Arturo Sarukhan Casamitjana
Embassy of Mexico
1911 Pennsylvania Ave. NW
Washington DC 20006

Fax: 1 202 728 1698
Email: mexembusa@sre.gob.mx


PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 21 January 2009
.

----------------------------------
Tip of the Month:
Use shortcuts: Do whatever is necessary to make your letter
writing as quick and easy as possible. This way, letters
will not be put off and they can be sent out sooner. Start
by making a generic file for each type of concern;
paragraphs on torture, the death penalty, disappearances,
denial of medical care and so on, can be copied into your
working file and edited as needed.

** POSTAGE RATES **
Within the United States:
$0.27 - Postcards
$0.42 - Letters and Cards (up to 1 oz.)
To Mexico and Canada:
$0.72 - Postcards
$0.72 - Airmail Letters and Cards (up to 1 oz.)
To all other destination countries:
$0.94 - Postcards
$0.94 - Airmail Letters and Cards (up to 1 oz.)

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

Friday, December 5, 2008

December 5th

5 December 2008

UA 332/08 Fear of torture or other ill-treatment/Prisoner of conscience

CHINA Ji Sizun (m) aged 59

Prisoner of conscience Ji Sizun, from Fujian Province, was detained on 11 August in Beijing when he went to a police station to hand in an application to hold a demonstration in one of the designated protest zones for the Beijing Olympics. Amnesty International believes he has been detained in violation of his rights to freedom of expression and assembly and that he is at risk of torture and ill-
treatment.

Ji Sizun is being held on suspicion of “forging an official seal”, and could face trial and sentencing at anytime. He is currently held at Fuzhou No.2 Detention Center. His family or his friends have not been allowed to meet with him but he has met twice with a lawyer.

On 9 August, Ji Sizun, accompanied by foreign journalists, applied for the first time at the Deshengmenwai Public Security Bureau for permission to hold a demonstration. The officials refused to process his application and asked him to come back later. On 11 August, Ji Sizun returned to the Public Security Bureau where, according to eye witnesses, the police summoned him to an unmarked police vehicle and drove off. No one knew of Ji Sizun’s whereabouts until the end of September when friends learned that he was held at the Fuzhou No.2 Detention Center. Ji Sizun has been communicating with his friends by sending them postcards, but it seems that he has not received the letters his friends have sent him in response.

Ji Sizun was planning to protest against corruption and to call for greater participation of the Chinese people in the political processes. A picture of Ji Sizun is available online at: http://www.canyu.org/n3498c6.aspx.

BACKGROUND INFORMATION
Human rights activists in China who attempt to report on human rights violations, challenge policies which are deemed politically sensitive, or try to rally others to their cause, face serious risk of abuse. Many are charged and imprisoned as prisoners of conscience after politically motivated trials, while growing numbers are being detained as prisoners in their own homes by the police conducting intrusive surveillance and standing guard outside.

On 23 July, the Chinese authorities announced the set up of Olympic protest zones in three Beijing parks where individuals would express their grievances. However, all applications required advance permission from the police. According to reports, some individuals who planned to apply for permission were verbally told that their applications would not be successful and were subsequently placed under surveillance or detention. There were also reports of potential protestors being prevented from traveling to Beijing to protest or being escorted back to their homes. The case of two elderly women, Wu Dianyuan, 79, and Wang Xiuying, 77, who had applied for a permission to hold a protest in one of the zones and were sentenced to Re-education through Labor was widely reported in the international media. Subsequently, their terms of Re-education through Labor were revoked.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- calling on the authorities to immediately and unconditionally release prisoner of conscience, Ji Sizun, who was detained solely for peacefully exercising his rights to freedom of expression and assembly;
- urging the authorities to guarantee that he is not tortured or ill-treated while he remains in custody;
- urging the authorities to ensure Ji Sizun has access to his family and lawyer of his choice and any necessary medical treatment.

APPEALS TO:

Chief Procurator of the Fujian Provincial People’s Procuratorate
NI Yingda Jianchazhang
Fujiansheng Renmin Jianchayuan
253 Hualinlu
Fuzhoushi 350003
Fujiansheng
PEOPLE’S REPUBLIC OF CHINA
Fax
: 011 86 591 87762163
Salutation: Dear Procurator

Director of the Fujian Provincial Department of Public Security
BAO Shaokun Tingzhang
Fujiansheng Gong’anting
12 Hualinlu
Fuzhoushi 350003
Fujiansheng
PEOPLE’S REPUBLIC OF CHINA
Fax: 011 86 591 87093516
Salutation: Dear Director

Director of Fuzhou No. 2 Detention Center
Fuzhou di er kanshousuo
Xiadongzirancun, Zhanglancun
Chengmenzhen, Cangshanqu
Fuzhou 350011
Fujiansheng
PEOPLE’S REPUBLIC OF CHINA
Salutation: Dear Director

Prime Minister of the People’s Republic of China
WEN Jiabao Guojia Zongli
The State Council General Office
2 Fuyoujie
Xichengqu
Beijingshi 100017
PEOPLE’S REPUBLIC OF CHINA
Fax: 011 86 10 65961109 (c/o Ministry of Foreign Affairs)
Salutation: Your Excellency

COPIES TO:

Governor of the Fujian Provincial People’s Government
HUANG Xiaojing Shengzhang
Fujiansheng Renmin Zhengfu
76 Hualinlu
Fuzhoushi 350003
Fujiansheng
PEOPLE’S REPUBLIC OF CHINA
Fax: 011 86 591 87855770
Salutation: Dear Governor

Ambassador Wen Zhong Zhou
Embassy of the People’s Republic of China
2300 Connecticut Ave. NW
Washington DC 20008


PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 16 January 2009.

----------------------------------
Tip of the Month:
Write as soon as you can. Try to write as close as possible to the date a case is issued.

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