EC's Amnesty Int'l Urgent Action Letter Toolkit: January 2009

Saturday, January 31, 2009

Urgent Action 1/30/09

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):
http://www.amnestyusa.org/actioncenter/actions/uaa02709.pdf

30 January 2009

UA 27/09 Health concern/Prisoner of conscience

MYANMAR Robert San Aung (m), 54, Lawyer

Amnesty International is concerned for the safety and well-being of Robert San Aung, a pro-democracy activist and prisoner of conscience. Robert is suffering from dysentery, is generally in poor health and in need of urgent medical attention. It is not clear if he has been denied medical treatment; however, Amnesty International has recently documented cases where access to medical treatment has been withheld or restricted.

Robert San Aung was arrested along with at least six others on 19 June 2008 for his part in a demonstration outside the home of detained pro-democracy leader Daw Aung San Suu Kyi, in Yangon, Myanmar's largest city. The demonstration had been organized to mark Aung San Suu Kyi's 62nd Birthday and draw attention to the extension of her house arrest at the end of May 2008. He was charged under Sections 505(b) and 143 of the Penal Code, two vaguely worded security provisions which are frequently used to criminalize acts of peaceful political dissent. He was denied access to legal counsel throughout his trial and was subsequently sentenced to two and a half years in prison for his participation in the peaceful demonstration.

On 24 November 2008 Robert San Aung was transferred from Insein Prison, Yangon to Kale Prison, Sagaing Division. It is now much more difficult for his family in Yangon to visit him. The poor prison conditions and inadequate medical care in Myanmar’s prison mean that political prisoners often rely on family members to provide them with basic medicines, food and clothing.

Robert San Aung is an active member of the pro-democracy movement, which has left him vulnerable to harassment, prosecution and imprisonment. A trained lawyer, he was disqualified from practicing law by the High Court in Myanmar in January 1993. He was disbarred for providing legal representation to pro-democracy leaders, and for his attempts to expose the negligence of civil servants and the failings of Myanmar's legal system. He served seven years in prison between 1997 and 2003 as a result of his political activities.

BACKGROUND INFORMATION
There are currently over 2,100 political prisoners in Myanmar's prisons. Many are held in poor conditions which have led to serious deterioration in their health or the exacerbation of existing medical conditions. Many prisoners are denied access to medication and appropriate medical treatment. Political prisoners are often subjected to torture and other ill-treatment. The International Committee of the Red Cross has not been able to visit prisons in Myanmar since the end of 2005.

The Myanmar authorities have an obligation under international law to provide for minimum acceptable levels of accommodation, food and medical care for prisoners and detainees. For example, under the UN Standard Minimum Rules for the Treatment of Prisoners, the Myanmar authorities have a duty to provide the services of a qualified medical officer within prisons or detention facilities; to transfer prisoners and detainees who require specialist treatment to specialized institutions or to civil hospitals; and to provide prisoners with food of nutritional value adequate for health and strength.

Increasing numbers of political activists have been sentenced to prison terms after closed trials. Between October 2008 and mid-January 2009 at least 280 people have given jail terms for their peaceful political activities. Since November 2008 over 100 political prisoners have been transferred, many to remote locations in Myanmar. The new locations require family members to undertake long journeys--sometimes six days or more--to visit them. Even then, the authorities sometimes do not permit families to visit their relatives in prison.

Judicial proceedings have failed to show any regard for due process, and trials have been held in special closed courts, without access to legal counsel or adequate time to prepare a defense. The ruling State Peace and Development Council (SPDC) has ignored repeated calls by the UN to release all political prisoners. UN Special Envoy Ibrahim Gambari is due to visit the country on 31 January.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- urging the authorities immediately to provide Robert San Aung with all necessary medical treatment;
- calling on the authorities to release Robert San Aung immediately and unconditionally as soon as he has received the urgent medical treatment he needs;
- calling for immediate action to ensure that while he is in detention, Robert San Aung is granted access to lawyers and family;
- calling on the authorities to ensure that all detainees are treated humanely, with full respect for their human rights, and that no one is subject to torture or other ill-treatment.

APPEALS TO:

(We have only given one fax number as we can not guarantee the reliability of other numbers. Please also send appeals by post.)

Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
UNION OF MYANMAR
Fax: 011 95 67 412 439

Senior General Than Shwe
Chairman
State Peace and Development Council
c/o Ministry of Defense
Naypyitaw
UNION OF MYANMAR

Nyan Win
Minister of Foreign Affairs
Ministry of Foreign Affairs
Naypyitaw
UNIONOF MYANMAR

COPIES TO:

Mr. Myint Lwin, Counsellor Minister
Charge D’Affaires Ad Interim
Embassy of the Union of Myanmar
2300 S St. NW
Washington DC 20008
Fax: 1 202 332 4351
Email: info@mewashingtondc.com

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 13 March 2009.

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

** POSTAGE RATES **
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To all other destination countries:
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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

Wednesday, January 21, 2009

Death Threats to Transgender Woman: Urgent Action

21 January 2009

UA 16/09 - Fear for safety/Death threats

HONDURAS
Transgender human rights defender (name known to Amnesty International) (f)

Killed:
Cintia Nicole Moreno (f), transgender human rights defender
Jazmin Zelaya (f), transgender woman

Police officers are alleged to have beaten up a transgender woman, who is an HIV/AIDS campaigner and sex worker, after she refused to give them her money. They subsequently threatened her with death if she reported the incident. Her life is at risk. Three other transgender women, most recently Cintia Nicole Moreno on 8 January, have been killed in a nearby area in the last three months.

Four police officers in a police car approached the transgender woman, who has asked Amnesty International to withhold her name, at about 12.40am on 20 December 2008 in the Palmira district of the capital, Tegucigalpa. She was working as a sex worker at the time. The police officers tried to rob her but, when she resisted, they grabbed her by the hair and repeatedly smashed her head against a nearby window, breaking the glass. She received numerous cuts to her face and knees.

The officers then said that they were arresting the woman for breaking a window in order to gain forcible entry to private property. The officers took her to the local police station, and then to a local health centre to be treated for her wounds. Since she was bleeding, she informed the officers that she was HIV positive and the officers replied by saying "AIDS bitch, people like you should be in a separate place" (perra sidosa, gente como Ustedes tiene que estar en un lugar aparte) While on their way, the officers also told her "if you speak out, we will leave you dead in the countryside" (si hablas, te dejaremos muerta en el monte). She was taken back to the police station and was released without charge at around 11.30am. She has recently filed a formal complaint with the Human Rights section of the Public Prosecutor's Office about this incident.

BACKGROUND INFORMATION
Transgender women who work as sex workers are frequently attacked by clients or police officers. Three transgender women were killed in the last three months while working in the area of Comayaguela, near Palmira, by unknown individuals. Jazmin Zelaya was killed on 30 October 2008 and her body was found along a road. Another transgender woman was killed on 17 December 2008. Cintia Nicole Moreno, who was also an activist working for the promotion of the human rights of transgender people, was killed on 9 January 2009 at around 1am. No-one has yet been brought to justice for these killings.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- expressing concern for the safety of the transgender human rights defender beaten up and threatened with death, allegedly by four police officers, in the Palmira district of Tegucigalpa on 20 December;
- urging the authorities to ensure that immediate, effective and appropriate measures are taken to guarantee her safety in strict accordance with her wishes;
- calling on the Attorney General to order swift, full and impartial investigations into this and other incidents of harassment, violent attacks and killings of transgender people, to make the results of such investigations public and to bring those responsible to justice;
- calling on the President and the Minister of Security to make it clear that violence against transgender people will not be tolerated and that those responsible for these crimes will be brought to justice.

APPEALS TO:

President of the Republic
Sr. Jose Manuel Zelaya Rosales
Presidente de la Republica
Casa Presidencial, Boulevard Juan Pablo II,
Tegucigalpa, HONDURAS
Fax: 011 504 239 3298
Salutation: Dear President/Estimado Sr. Presidente

Minister of Security
Coronel Jorge Alberto Rodas Gamero
Ministro
Ministerio de Seguridad Publica
Cuartel Casa Mata
Tegucigalpa, HONDURAS
Fax: 011 504 237 9070
Salutation: Dear Minister/Estimado Sr. Ministro

Attorney General
Licdo. Leonidas Rosa Bautista
Fiscal General del Estado
Ministerio Publico, Lomas del Guijarro
Tegucigalpa, HONDURAS
Fax: 011 504 221 5667
Salutation: Dear Attorney General/Estimado Sr. Fiscal General

COPIES TO:

Local LGBT organization
Red Lesbica Cattrachas
Colonia Miramontes, 5a calle, casa No. 2502
Calle Andalucia contiguo a Mercadito Miramontes
Tegucigalpa, HONDURAS

Ambassador Roberto Flores Bermudez
Embassy of Honduras
3007 Tilden St. NW Suite 4M
Washington DC 20008
Fax: 1 202 966 9751
Email: embassy@hondurasemb.org

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 4 March 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

Saturday, January 10, 2009

Police Shooting of Unarmed Man in San Francisco

Brought to our attention by Gavin:

Amnesty International Action Page:
http://www.amnestyusa.org/document.php?id=ENGUSA20090107002&lang=e

San Francisco News:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/01/08/BA3U155V2F.DTL

National Public Radio:
http://www.npr.org/templates/story/story.php?storyId=99126602

Thursday, January 8, 2009

January 8, 2009

Omar Ahmed Khadr (m), Canadian national, aged 22

Omar Khadr is facing unfair trial by military commission in the US Naval Base in Guantanamo Bay, Cuba, for crimes he is alleged to have committed when he was 15 years old. The trial is due to begin on 26 January, six days after the inauguration of the new US President. Amnesty International has welcomed President-elect Barack Obama's stated commitment to closing the Guantanamo detention facility "in a responsible way," but is concerned that he has made no announcements about stopping military commission proceedings. Omar Khadr is the only Guantanamo detainee with a trial date in the first two months of the new administration.

Omar Khadr has been in US military custody for six and a half years, nearly a third of his life. Detained in July 2002 following a firefight with US forces in Afghanistan when he was 15, he is accused among other things of having thrown a grenade which killed a US soldier. The teenager was held in the US air base in Bagram, Afghanistan, for several months before being transferred to Guantanamo shortly after he turned 16. He has said that he has been subjected to torture or other ill-treatment in Bagram and in Guantanamo, and subjected to repeated interrogations without access to legal counsel.

Instead of being recognized as a child and treated accordingly, as international law requires, Omar Khadr was designated an "enemy combatant" and denied access to a court to challenge the lawfulness of his detention. His "enemy combatant" status was instead reviewed, more than wo years after he was captured, by the wholly inadequate executive review scheme known as the Combatant Status Review Tribunal. He is now facing a "war crimes" trial by military commission, the procedures of which do not comply with international fair trial standards and contain no juvenile justice provisions. Among the flaws of the Military Commissions Act (MCA), is that, contrary to international law, it allows the admission into evidence of information obtained under cruel, inhuman or degrading treatment and other unlawful conditions.

Omar Khadr was charged for trial by military commission in 2005 under a Military Order signed by President Bush in November 2001. This system was ruled unlawful by the US Supreme Court in 2006, and the administration and Congress responded by passing the MCA. In 2007, Omar Khadr was charged under the MCA with murder in violation of the law of war; attempted murder in violation of the law of war; conspiracy; providing material support for terrorism; and spying. He faces a possible life prison sentence. In September 2006, Barack Obama, then a Senator, described the passage of the MCA as a "betrayal of American values" and in February 2008 he referred to the military commission system as "flawed."

No existing international tribunal has ever prosecuted a child for war crimes, reflecting the wide recognition that the recruitment and use of children in armed conflict is a serious abuse in itself. This does not mean that a child above the age of criminal responsibility cannot be held accountable for crimes committed during armed conflict, as in any other situation. However, appropriate recognition must be given to the age of the child at the time of the alleged crime, the role of adults in his involvement in armed conflict, and the need for rehabilitation and reintegration. The US authorities have systematically failed in this regard.

Shortly after transferring Omar Khadr to Guantanamo, the USA ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which among other things prohibits the recruitment or use in hostilities by non-state armed groups of under-18-year-olds, and requires states to provide any such child who comes within their jurisdiction "all appropriate assistance for their physical and psychological recovery and their social reintegration." States ratifying the Protocol reaffirm that this international instrument "will contribute effectively to the implementation of the principle that the best interests of the child are to be a primary consideration in all actions concerning children." However, in Omar Khadr's case, the USA has put its own perceived national security interests above the best interests of the child. In June 2008, the UN Committee on the Rights of the Child, called on the USA not to prosecute any children detained in the context of armed conflict in the military justice system.

In 2008, following the US Supreme Court's ruling in Boumediene v. Bush that the Guantanamo detainees had the right to challenge their detention, Khadr's lawyers filed a habeas corpus petition in District Court seeking to have his trial stopped, arguing that the military commission had no jurisdiction over someone who was a child at the time of his alleged war crimes, that Khadr's detention as an "enemy combatant" was unlawful due to his status as a child soldier, and that even if there was some lawful basis for his detention he should be placed in a rehabilitation and reintegration program appropriate for children who had been involved in armed conflict. In November 2008, the judge ruled that under US constitutional precedent, the trial should be allowed to take its course. The judge noted that Khadr had been 15 years old at the time he was detained and that "at no time during his detention has [he] been segregated from adult detainees or afforded special treatment because he was a juvenile when initially detained." However, the judge concluded that, even after the Boumediene ruling, the MCA had removed jurisdiction to consider the question of Khadr's challenge to his conditions of confinement, because it fell outside of a "core" habeas corpus claim of lawfulness of detention.

With the USA failing to treat Omar Khadr in compliance with international law, Amnesty International has been campaigning for the Canadian authorities to seek his repatriation. For more information, see, USA: In whose best interests? Omar Khadr, child ‘enemy combatant’ facing military commission, April 2008,
http://www.amnesty.org/en/library/info/AMR51/028/2008/en; and USA: Omar Khadr is ‘salvageable,’ military commissions are not, June 2008, http://www.amnesty.org/en/library/info/AMR51/055/2008/en.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- welcoming President-elect Obama's commitment to close the Guantanamo detention facility;
- expressing deep concern that Omar Khadr's trial remains scheduled for 26 January 2009;
- welcoming the President-elect's opposition to the Military Commissions Act and his recognition that trials under the MCA are "flawed," pointing out that they fall far short of international fair trial standards;
- expressing your view that it would be a travesty of justice to allow this trial of Omar Khadr to proceed;
- calling on the President-elect to announce that he will not allow the military commission trial of Omar Khadr to proceed, and that he will ensure that Khadr's treatment from now on will take full account of his age at the time of his alleged offenses, and the role of any adults in his involvement in armed conflict in Afghanistan;
- calling on the President-elect, after taking office, to order an immediate end to military commission trials.

APPEALS TO:

President-elect Barack Obama
451 6th Street NW
Washington DC 20004
Fax: 1 202-682-1867
Email: http://change.gov/page/content/contact/
Salutation: Dear President-elect Obama

After 20 January:

President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Fax: 1 202 456 2461
Email: president@whitehouse.gov
Salutation: Dear Mr. President

COPIES TO:

The Honorable Robert Gates
US Secretary of Defense
1000 Defense Pentagon
Washington DC 20301
Fax: 1 703 571 8951

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 18 February 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.

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

EC's Amnesty Int'l Urgent Action Letter Toolkit