Tuesday, August 24, 2010

Urgent Action 8-24-10

URGENT ACTION APPEAL
- From Amnesty International USA

To learn about recent Urgent Action successes and updates, go to
http://www.amnestyusa.org/iar/success
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For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa15110.pdf

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Or take action online at:
http://takeaction.amnestyusa.org/siteapps/advocacy/index.aspx?c=jhKPIXPCIoE&b=2590179&template=x.ascx&action=14668

Note: Please write on behalf of these persons even though you may not have received the original UA when issued on July 2, 2010. Thanks!

24 August 2010

Further information on UA 151/10 (2 July 2010) – Death Penalty

USA-Ohio Kevin Keith (m)


The Ohio Parole Board has voted against clemency for Kevin Keith, a 46-year-old African American man who is facing execution on 15 September. He maintains that he did not commit the three murders for which he was sentenced to death. The Ohio Governor will now consider his petition for clemency.

On 19 August, the Ohio Parole Board published its unanimous decision recommending that Governor Ted Strickland deny clemency to Kevin Keith. The Board said that, in a case such as this in which the prisoner asserts their innocence, “we believe that considerable deference should be afforded to the findings of the jury and trial court as well as subsequent… reviews.” The Board’s recommendation to the Governor is non-binding. Governor Strickland has already said that he finds aspects of Kevin Keith’s case “troubling”.

Kevin Keith was sentenced to death in May 1994 for the murders three months earlier of Marichell Chatman, her seven-year-old daughter Marchae Chatman and her aunt Linda Chatman who were fatally shot in Marichell’s flat in Bucyrus in mid-Ohio. Her two young cousins and her boyfriend, Richard Warren, were also shot, but survived. Central to the prosecution’s case was the claim that, in hospital after the shooting, Richard Warren had named Kevin Keith as the gunman, despite having told four people immediately after the crime that he could not identify the masked gunman. A number of US experts in eyewitness identification have noted that mistaken eyewitness identification has been a leading contributor to wrongful convictions in the USA, and maintain that Richard Warren’s identification of Keith was “tainted by many factors”, including suggestive police techniques. Although the parole board acknowledged that the police photo display shown to Warren may have been “suggestive”, it decided that there was “nothing in the record to confirm that Richard Warren’s recollection and testimony was the result of suggestive influences or coaching”.

In 2009, a three-judge panel of the US Court of Appeals for the Sixth Circuit considered whether to review new evidence, including evidence pointing to an alternative suspect in the Bucyrus murders. Kevin Keith lost the decision, 2-1. The dissenting judge argued that “any reasonable factfinder would have serious, and reasonable, doubt as to whether it was Keith or [the alternative suspect] who committed the murders. Under these circumstances, [Keith] could establish by clear and convincing evidence that a reasonable factfinder could not find Keith guilty of three counts of murder.” Among the thousands of people who have called for clemency for Kevin Keith are several former federal and state judges and prosecutors. They include former Ohio Supreme Court Justice Herbert Brown and former state Attorney General Jim Petro who said that he is “gravely concerned that the State of Ohio may be on the verge of executing an innocent person.”

BACKGROUND INFORMATION
More than 130 people have been released from death rows on grounds of innocence in the USA since 1976. At the original trial in each case, the defendant had been found guilty beyond a reasonable doubt. A number of prisoners have gone to their execution despite doubts about their guilt. One of the obstacles against remedying miscarriages of justice is the high level of deference that federal courts must give to state court decisions in capital cases under US law. Against such a backdrop, executive clemency becomes an even more crucial failsafe against injustice.

While international law is abolitionist in outlook, it recognizes the fact that some countries still retain the death penalty. Pending abolition, the international community has agreed that certain safeguards must be met in capital cases. One of these safeguards concerns the burden of proof on the death penalty state: “Capital punishment may be imposed only when the guilt of the person charged is based upon clear and convincing evidence leaving no room for an alternative explanation of the facts”. According to the information presented in Kevin Keith’s clemency petition, the state has not met this standard in his case.

Amnesty International opposes the death penalty in all cases, regardless of the guilt or innocence of the condemned prisoner. This is a punishment that is incompatible with human dignity. There have been 36 executions in the USA this year, seven of them in Ohio.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Noting the doubts that have been raised about Kevin Keith’s guilt;
- Noting the fallibility of eyewitness identification, central to the prosecution’s case here;
- Calling on the Governor not to allow this irreversible penalty to be carried out and to commute Kevin Keith’s death sentence.


APPEALS TO:

Governor
Ted Strickland

Governor's Office,
Riffe Center, 30th Floor
77 South High Street,
Columbus, OH 43215-6108
USA

Fax: 1 614 466 9354
Salutation: Dear Governor



PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 15 September 2010.


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Fax: 202.675.8566

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END OF URGENT ACTION APPEAL
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Monday, August 23, 2010

Correction to last post.

Dear Friends,

There was a typo in the link to the PDF for this Urgent Action (UA 184/10) sent on Friday August 20th, 2010. Bellow is the corrected link. Our apologies for any inconvenience this may have caused.

In solidarity,
The Individuals at Risk Team

Correct link:
http://www.amnestyusa.org/actioncenter/actions/uaa18410.pd

Friday, August 20, 2010

Urgent Action 8-20-10

URGENT ACTION APPEAL
- From Amnesty International USA

To learn about recent Urgent Action successes and updates, go to
http://www.amnestyusa.org/iar/success
----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa/18410.pdf

20 August 2010

UA 184/10 Risk of execution/ Legal concern

IRAN Ebrahim Hamidi (m) aged 18



Juvenile offender Ebrahim Hamidi, now aged 18, has been sentenced to death for allegedly sexually assaulting a man two years ago, when he was 16. He has retracted his “confession”, saying he made it under coercion. He is at risk of execution and currently without a lawyer.

Ebrahim Hamidi had been involved in a fight, in the suburbs of Tabriz, in East Azerbaijan Province. He and three friends were arrested afterwards, and charged with committing a sexual assault on one of the men they had been fighting. Hamidi confessed to the crime after three days in detention, during which he said he was tortured. The other three were promised that they would be freed if they testified against Ebrahim Hamidi. All four were initially sentenced to death but during a third trial, the other three defendants were acquitted while Ebrahim Hamidi was again sentenced to death for lavat , or “sodomy”. The alleged victim admitted in a recorded statement to police on 7 July 2010 that he had been under pressure from his parents to make false accusations.

The Supreme Court has rejected the East Azerbaijan provincial court’s verdict twice and has ordered a re-examination of the case, but the provincial court apparently intends to proceed with the execution.

Ebrahim Hamidi now has no legal representation. He had been represented by prominent human rights lawyer Mohammad Mostafaei, who was forced to flee the country for fear for his safety in early August 2010 possibly in relation to the role he played in drawing international attention to the case of a woman, Sakineh Mohammadi Ashtiani, who was sentenced to death by stoning for adultery. Mohammad Mostafaei had written an open letter about Ebrahim Hamidi’s case in July 2010 in order to highlight the issue of execution in Iran of juvenile offenders – those convicted of having committed a crime which took place when they were under 18.

BACKGROUND INFORMATION
Since 1990, Iran has executed at least 46 juvenile offenders – that is, people convicted of having committed crimes which took place when they were under 18 years old. Eight of these executions were in 2008 and five in 2009. At least 135 juvenile offenders are now on death row in Iran.

Delara Darabi was executed on 1 May 2009 despite having been given a two-month stay of execution by the Head of the Judiciary. Neither her parents nor her lawyers were notified before her execution, though under Iranian law her lawyer should receive 48 hours' notice. Behnoud Shojaee was executed on 11 October 2009, convicted of killing another youth when he was 17 years old. His execution had been postponed six times. On 17 December 2009, Mosleh Zamani was executed; he had been sentenced to death in 2006, convicted of raping a woman several years older than he was, with whom he was allegedly having a relationship, when he was 17. His death sentence was confirmed by the Supreme Court in July 2007. He may not have had adequate legal representation.

The execution of juvenile offenders is prohibited under international law, including Article 6(5) of the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), to which Iran is a state party.

For more information about executions of juvenile offenders in Iran, see Iran: The last executioner of children http://web.amnesty.org/library/index/engmde130592007.

According to the Iranian penal code, sodomy can be punished by flogging or execution, although the application of the death penalty is at the discretion of the judge.

Mohammad Mostafaei is a prominent human rights lawyer and critic of the Iranian criminal justice system, who has defended large numbers of juvenile offenders sentenced to death and political prisoners. He had been representing Ebrahim Hamidi, and was detained for questioning on 24 July 2010, apparently due to the international attention brought to the case of another client, Sakineh Mohammadi Ashtiani, who had been sentenced to be stoned to death for adultery. Mohammad Mostafaei went into hiding and his wife Fereshteh Halimi and her brother Farhad were arrested and detained in Evin Prison. Mohammad Mostafaei fled first to Turkey and then to Norway in early August 2010, and his wife and brother-in-law were released (see UA 175/09, and updates). In an open letter about the Ebrahim Hamidi case he wrote, “I have asserted in the past that many of the execution cases I took on were flawed to the point that an execution verdict couldn’t possibly be issued. This case too, is one of those cases where an innocent person is ordered to be executed.”

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Calling on the Iranian authorities to halt the execution of Ebrahim Hamidi, and commute his death sentence;
- Reminding them that Iran is a state party to the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), which prohibit the use of the death penalty against people convicted of having committed crimes which took place when they were under 18;
- Urging them to investigate the allegations that Ebrahim Hamidi was tortured, to bring those found responsible to justice and to disregard as evidence in courts statements obtained under torture.


APPEALS TO:

Leader of the Islamic Republic
Ayatollah Sayed ‘Ali Khamenei
The Office of the Supreme Leader
Islamic Republic Street -End of Shahid Keshvar Doust Street
Tehran,
ISLAMIC REPUBLIC OF IRAN

Email: info_leader@leader.ir
Via website:
http://www.leader.ir/langs/en/index.php?p=letter (English)
http://www.leader.ir/langs/fa/index.php?p=letter ( Persian)
Salutation: Your Excellency


Head of the Judiciary
Ayatollah Sadeqh Larijani
Howzeh Riyasat-e Qoveh Qazaiyeh (Office of the Head of the Judiciary)
Pasteur St., Vali Asr Ave.,
south of Serah-e Jomhouri
Tehran, 1316814737
ISLAMIC REPUBLIC OF IRAN
Email: Via website- http://www.dadiran.ir/tabid/75/Default.aspx (First starred box: first name; second box: family name; third: email address)
Salutation: Your Excellency


COPIES TO:

Director, Human Rights Headquarters Mohammad Javad Larijani
Howzeh Riassat-e Ghoveh Ghazaiyeh
Pasteur St, Vali Asr Ave.,
south of Serah-e Jomhuri
Tehran, 1316814737
ISLAMIC REPUBLIC OF IRAN
Fax: 011 98 21 3390 4986
Email: bia.judi@yahoo.com (In the subject line: FAO Mohammad Javad Larijani)
Salutation: Dear Mr Larijani


Iran does not presently have an embassy in the United States. Instead, please send copies to:
Iranian Interests Section
2209 Wisconsin Ave NW
Washington DC 20007

Phone: 202 965 4990
Fax: 1 202 965 1073
Email: requests@daftar.org



PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 1 October 2010.



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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
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END OF URGENT ACTION APPEAL
----------------------------------

Wednesday, August 18, 2010

Urgent Action 8-18-10

URGENT ACTION APPEAL
- From Amnesty International USA

To learn about recent Urgent Action successes and updates, go to
http://www.amnestyusa.org/iar/success
----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa15410.pdf

Note: Please write on behalf of these persons even though you may not have received the original UA when issued on July 8, 2010. Thanks!

17 August 2010

Further information on UA 154/10 (8 July 2010) and follow ups (16 July and 29 July 2010) – Unfair trial

CANADA Omar Khadr (m)

On 12 August the military commission trial of Omar Khadr was postponed for at least 30 days after his military lawyer collapsed in court. Amnesty International considers that this delay presents the US authorities with an opportunity to abandon this trial once and for all.

Omar Khadr's military commission trial began on 12 August but came to an abrupt halt the same day when his military lawyer, Lieutenant Colonel Jon Jackson, collapsed while cross-examining a witness. He was later transferred to the US mainland for treatment for complications from recent surgery. He is now on "convalescent leave".

Pre-trial proceedings in the case had been completed on 9 August with the military judge, US Army Colonel Patrick Parrish, ruling against the defense on almost every issue. On 8 August, Colonel Patrick Parrish took approximately 90 seconds to rule that all statements made by Omar Khadr in US military custody could be admitted into evidence against him by the prosecution. The defense had argued that such statements should be ruled inadmissible because they were the product of torture or other ill-treatment. Admitting evidence obtained as the result of torture or other cruel, inhuman or degrading treatment would violate the international human rights obligations of the USA, including under the UN Convention against Torture and the International Covenant on Civil and Political Rights.

On 10 and 11 August, seven US military officers were selected to sit as a "jury" for Omar Khadr's trial. They were sent back to their bases after the trial was postponed, with the order not to read any media coverage of the proceedings. It is not clear whether, if and when the trial resumes, a new panel will be selected.

Amnesty International, which had an observer at last week's proceedings, believes that all military commission trials for Guantánamo detainees should be abandoned as they fail to meet international fair trial standards. The commissions lack the independence of the US federal courts and deny the right of equality of all persons before the courts and equal protection of the law.

BACKGROUND INFORMATION
Omar Khadr, then 15 years old, was taken into US military custody on 27 July 2002 after a firefight at a compound in Afghanistan in which a US soldier received fatal injuries. Omar Khadr himself was seriously injured during the air and ground assault of the compound by US forces, shot twice in the back and blinded in one eye. He was held in Bagram air base for three months during which time, among other things, he has alleged that his injuries were exploited during interrogation, and that he was threatened, hooded, and confronted with barking dogs.

He was transferred to Guantánamo shortly after he turned 16, where he claims the abusive interrogations continued. For three weeks in 2004, he was subjected to the sleep deprivation technique known as the "frequent flyer" program. Omar Khadr has also alleged that his interrogators shackled him in painful positions, threatened to send him to Egypt or Syria for torture, and used him as a "human mop" after he urinated on the floor during one interrogation session.

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. He was not allowed to meet with a lawyer until November 2004, more than two years after he was first captured.

Omar Khadr was first charged for a military commission trial in 2005. However, the system of military commissions initiated by President George W. Bush was found unlawful by the US Supreme Court in 2006. They were replaced by a close version authorized under the Military Commissions Act (MCA) of 2006. Omar Khadr is currently charged under the MCA of 2009, an amended version of the 2006 MCA signed into law by President Barack Obama in October 2009. Omar Khadr faces the possibility of a life prison sentence if convicted. Even if acquitted he could be returned to indefinite military detention (see http://www.amnesty.org/en/library/info/AMR51/036/2010/en).

The UN Committee on the Rights of the Child, as part of its review of US compliance with the Optional Protocol to the Convention of the Rights of the Child on the involvement of children in armed conflict, has called on the USA not to try before a military tribunal anyone detained as a child in any armed conflict. On 26 May 2010, UNICEF called for an end to the military commission trial of Omar Khadr. The UN Secretary-General's Special Representative for children and armed conflict has called on the USA not to set the dangerous precedent of going forward with Omar Khadr's military commission trial, and has called on the US and Canadian authorities to work together to resolve the case in a more appropriate manner.

Canada's Supreme Court ruled in January that the Canadian government should provide a remedy for Omar Khadr for having interrogated him while he was in unlawful detention in Guantánamo, knowing he had been subject to treatment inconsistent with his rights, and then providing the USA with the statements obtained in a manner that contributed to his continued unlawful detention. However, the only action the Canadian government is known to have taken was to request assurances from the US government that statements or evidence obtained by Canadian officials would not be used in military commission or any other proceedings. The US government has failed to provide those assurances.

Amnesty International considers that no one under 18 years old should ever have been transferred to Guantánamo, and that no Guantánamo detainee, let alone one who was a child at the time of his alleged crime, should be subject to a military commission trial.

See also, USA: Denying human rights, failing justice: Omar Khadr's military commission trial set to start at Guantánamo, 11 August 2010, http://www.amnesty.org/en/library/info/AMR51/069/2010/en

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Urging the US authorities to abandon the military commission trial against Omar Khadr once and for all;
- Calling on them to release him and repatriate him to Canada, or else try him in a civilian court in accordance with international standards;
- Calling on Canadian authorities to seek Omar Khadr's repatriation immediately.


APPEALS TO:

President
Barack Obama

The White House Office of the President
1600 Pennsylvania Avenue NW
Washington DC 20500
USA

Fax: 1 202 456 2461
Email: www.whitehouse.gov/contact
Salutation: Dear President Obama

General Counsel of the Department of Defense
Jeh Johnson
General Counsel of the Department of Defense
1400 Defense Pentagon
Washington, DC 20301-1400,
USA
Email: jeh.johnson@osd.mil
Salutation: Dear Mr Johnson


Prime Minister
Stephen Harper
Office of the Prime Minister
80 Wellington Street
Ottawa, CANADA
K1A 0A2
Fax: 1 613 941 6900
Email: pm@pm.gc.ca
or Harper.S@parl.gc.ca
Salutation: Dear Prime Minister


COPIES TO:

Ambassador Gary Albert Doer
Embassy of Canada
501 Pennsylvania Ave. NW
Washington DC 20001

Phone: 202 682 1740
Fax: 1 202 682 7726


PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 28 September 2010.

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http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566
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END OF URGENT ACTION APPEAL
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Friday, August 6, 2010

Urgent Action 8-6-10

URGENT ACTION APPEAL
- From Amnesty International USA

To learn about recent Urgent Action successes and updates, go to
http://www.amnestyusa.org/iar/success
----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa13510.pdf

Note: Please write on behalf of these persons even though you may not have received the original UA when issued on June 18, 2010. Thanks!

5 August 2010

Further information on UA 135/10 (18 June 2010) and follow up (25 June 2010) – Prisoner of conscience/ torture/ medical concern

KYRGYZSTAN Azimzhan Askarov (m)

The authorities in Kyrgyzstan have refused to open an investigation into allegations that prisoner of conscience Azimzhan Askarov has been tortured. He should be released immediately.

Azimzhan Askarov, an ethnic Uzbek, remains in police detention in the city of Bazar Korgan, in the Jalal-Abad region of southern Kyrgyzstan. He has been charged with 'organizing mass disorder' and 'inciting ethnic hatred' in connection with the death of a police officer during violence in the south of the country in June. He is held at the police detention center where the officer who was killed used to work. This makes him particularly vulnerable.

On 26 July, the Jalal-Abad city court upheld the decision of the Jalal-Abad prosecutor's office not to investigate allegations that Azimzhan Askarov was tortured following his detention on 15 June. The authorities are maintaining that large bruises on Azimzhan Askarov's body, which were photographed by his lawyer, were inflicted by his cellmate. According to the General Prosecutor's office, Azimzhan Askarov has confirmed that he has not been ill-treated by any officers and has also declined to call for a criminal investigation to be brought against his cellmate. Azimzhan Askarov's lawyer, Nurbek Toktakunov, believes that Azimzhan Askarov is unlikely to speak about his treatment while he remains in this police detention center. In addition, Azimzhan Askarov is not permitted to meet Nurbek Toktakunov in private, as is his right under international law. Requests for Azimzhan Askarov to be transferred to a remand prison in another city have been ignored.

On 21 July, a group of women threw stones at Azimzhan Askarov's sister-in-law inside the police detention center when she tried to deliver a food parcel to him .On 2 August, Nurbek Toktakunov was also attacked by a group of men and women on the premises of the police detention center. He reported that he was surrounded by a group of men and women who took his briefcase and threatened to punish him unless he stopped defending an Uzbek. In both incidents, it is not clear how the group gained access to the detention center, and police officers who were present failed to intervene. Amnesty International has learned that on both occasions, the groups included relatives of the police officer who was killed. Nurbek Toktakunov has reported the incidents to the authorities.

BACKGROUND INFORMATION
Amnesty International believes that Azimzhan Askarov has been targeted for his legitimate activities as a human rights defender. His detention and reported ill-treatment, and the harassment experienced by his sister-in-law and lawyer, are consistent with widespread reports that members of the Uzbek community are currently being disproportionately targeted by the local authorities, investigating the June violence.

Azimzhan Askarov was detained by police officers on 15 June in Bazar Korgan. According to the General Prosecutor's office, he was charged on 17 June with 'organizing mass disorder' and 'inciting ethnic hatred'. The General Prosecutor's office is investigating his involvement with the death of an ethnic Kyrgyz police officer on 13 June in Bazar Korgan during the recent violence in the south of the country.

Azimzhan Askarov is the director of the human rights organization Vozdukh (Air) which forms part of a regional human rights network in southern Kyrgyzstan. He has been documenting police ill-treatment in detention in the village of Bazar Korgan and other parts of the Jalal-Abad region for years.

Kyrgyzstan's human rights ombudsman has publicly stated that the current charges brought against Azimzhan Askarov are unfounded and described him as a 'well-known local human rights defender.' Both Uzbek and Kyrgyz local human rights defenders also claim that the charges are groundless.

Azimzhan Askarov had filmed and photographed some of the violence, killings and arson attacks on mostly Uzbek homes and other buildings in Bazar Korgan, allegedly by groups of armed men claiming to be Kyrgyz. On 15 June, a group of armed men in masks, who claimed to be from the Ministry of Internal Affairs of the Jalal-Abad region, arrived at Azimzhan Askarov's house and asked his wife to hand over her husband's video and camera equipment. When his wife refused, the men reportedly started to fire their guns in the air and then broke the gate.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Calling for the immediate and unconditional release of prisoner of conscience Azimzhan Askarov;
- Calling on the authorities to ensure that Azimzhan Askarov is allowed to meet with his lawyer in private;
- Urging the authorities to conduct a prompt, thorough and impartial investigation into allegations that Azimzhan Askarov has been tortured, including an independent medical examination;
- Urging the authorities to guarantee the safety of Azimzhan Askarov in detention, and that of those visiting him;
- Calling on the authorities to open an investigation into the allegations that Azimzhan Askarov's sister-in-law and lawyer have both been attacked on the premises of the police detention center.

APPEALS TO:

Minister of Internal Affairs
Kubatbek Baibolov
Frunze Street, 469
Bishkek 720040, KYRGYZSTAN
Fax: 011 996 312 68 20 44
Email: pressa@mail.mvd.kg
Salutation: Dear Minister

General Prosecutor
Baitemir Ibraev
72, Orozbekova Street
Bishkek 720040, KYRGYZSTAN
Fax: 011 996 312 66 54 11
Email: genproc@bishkek.gov.kg
Salutation: Dear General Prosecutor

COPIES TO:

President
Roza Otunbaeva
Dom Pravitelstva
Bishkek 720003, KYRGYZSTAN
Fax: 011 996 312 62 50 12
Email: admin@kyrgyz-el.kg
Salutation: Dear President

Mr. Arslan Anarbaev
Charge d'affaires, Minister-Counselor
Embassy of the Kyrgyz Republic
2360 Massachusetts Avenue, NW
Washington DC 20008

Fax: 1 202 386 7550
Email: consul@kgembassy.org OR
kgembassyusa@gmail.com


PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 16 September 2010.

----------------------------------
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Thank you for your help with this appeal.

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http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566
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END OF URGENT ACTION APPEAL
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Tuesday, August 3, 2010

TWO Urgent Action 8-3-10

URGENT ACTION APPEAL
- From Amnesty International USA

To learn about recent Urgent Action successes and updates, go to
http://www.amnestyusa.org/iar/success
----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa16810.pdf

2 August 2010

UA 168/10 - Fear for safety

GEORGIA Timur Tskhovrebov
Maria Pliyeva

Timur Tskhovrebov, an independent journalist and civil society activist, was attacked and badly beaten in Tskhinvali, the capital of South Ossetia, a breakaway territory from Georgia. The attackers also issued threats against his colleague Maria Pliyeva. Both activists are currently outside South Ossetia, but their safety is at risk if they return.

Timur Tskhovrebov told Amnesty International that on 24 July he was attacked in the center of Tskhinvali by a group of up to 10 people, leaving him with a knife wound to the neck, a broken finger and injuries from punches to his face and body. He recognized his three main attackers, all of them members of the South Ossetian parliament.

Timur Tskhovrebov took refuge at the local office of the International Committee of the Red Cross (ICRC), though initially he was denied entry by the office's staff and had to climb over the fence. While he was doing so, one of his attackers threatened him with a gun. During the attack, the assailants also shouted threats addressed to Timur Tskhovrebov's fellow journalist and civic activist Maria Pliyeva, promising that she "will be next". Timur Tskhovrebov has since left South Ossetia and is now in hospital in the city of Vladikavkaz, in the Russian North Caucasus republic of North Ossetia, recovering from his injuries. Maria Pliyeva told Amnesty International that she has also fled South Ossetia in fear for her safety following this incident.

Timur Tskhovrebov and Maria Pliyeva believe that they are being targeted because of their independent journalism and civic activism, and both have previously received threats. In July 2010 Timur Tskhovrebov and Maria Pliyeva attended the Georgian-Ossetian Civic Forum, a meeting of activists from the region, in the Netherlands. They co-signed a document which calls on the parties of the Geneva talks on Georgia to ensure that the humanitarian needs of those affected by the 2008 Georgian-Russian war are addressed and free movement of people in the region is permitted. On 22 July, Boris Chochiev, a senior South Ossetian official, made a televised speech condemning this initiative as "traitorous" and "harmful to the position of the South Ossetian delegation at the Geneva talks," and specifically named Timur Tskhovrebov as a South Ossetian participant in the Forum.

BACKGROUND INFORMATION
Timur Tskhovrebov is editor-in-chief of the independent newspaper 21 Seculare. His colleague Maria Pliyeva also writes for 21 Seculare, and is also the chair of the independent NGO, Civic Initiative.

South Ossetia, a breakaway territory from Georgia, was at the center of a five-day war between Georgia and Russia in August 2008. Following the conflict, severe mutual travel restrictions were introduced by Georgia and South Ossetia, severely disrupting economic, family and other links. In addition, problems with the supply of gas and water since the conflict have severely affected the lives of people in the region. As part of the truce established in September 2008 between Georgia and Russia, delegations of the two countries meet in Geneva to discuss post-crisis management. Members of South Ossetian parliament are protected from prosecution by parliamentary immunity, and criminal allegations against them can only be initiated if their immunity is lifted by the parliamentary decision.

Like most people in South Ossetia, Timur Tskhovrebov and Maria Pliyeva hold Russian passports as well as passports issued by the de facto authorities in South Ossetia. The Russian Ministry of Foreign Affairs, via its consular service, is tasked with protecting the rights and interests of its citizens abroad.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Calling on the de facto authorities in South Ossetia to take all necessary action to protect Timur Tskhovrebov and Maria Pliyeva upon their return to South Ossetia;
- Calling for a prompt, impartial and effective investigation into the attack on Timur Tskhovrebov irrespective of the status of his alleged attackers; and urging them to ensure that the perpetrators of this attack are brought to justice;
- Urging them to ensure freedom of expression in South Ossetia, including for people with dissenting political views.



APPEALS TO:

Prosecutor General of South Ossetia
Taimuraz Khugayev
Fax: 011 79974454527
Salutation: Dear Mr. Khugayev

Minister of the Interior of South Ossetia
Valeriy Valiyev
Fax: 011 79974454532
Salutation: Dear Mr. Valiyev


COPIES TO:

Director of Consular Department
Andrei G. Karlov
Ministry of Foreign Affairs of the Russian Federation
Smolenskaya-Sennaya Sq., 32/34
Moscow 119002,
RUSSIAN FEDERATION
Fax: 011 74992442476
Email: text@dks.ru
(Please highlight that Timur Tskhovrebov and Maria Pliyeva are Russian citizens)


PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 13 September 2010.

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URGENT ACTION APPEAL
- From Amnesty International USA

To learn about recent Urgent Action successes and updates, go to
http://www.amnestyusa.org/iar/success
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For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa26209.pdf

Note: Please write on behalf of these persons even though you may not have received the original UA when issued on September 30, 2009. Thanks!

2 August 2010

Further information on UA 262/09 (30 September 2009) - Prisoner of conscience

CHINA Dilixiati Paerhati (m)

Dilshat Paerhat (or, using the Chinese transliteration, Dilixiati Paerhati), an ethnic Uighur and editor of a Uighur-language website, was sentenced to five years' imprisonment on 21 July for "endangering state security". He is a prisoner of conscience, held solely for exercising his right to peaceful freedom of expression, and is at risk of torture or other ill-treatment.

Dilshat Paerhat, editor of a website called Diyarim, was tried by the Intermediate People's Court in the city of Urumqi, the capital of China's Xinjiang Uighur Autonomous Region (XUAR). Two other men who run Uighur-language websites were tried and convicted on the same day, also for "endangering state security". They were all tried separately. Nureli, who administered a website called Salkin, was sentenced to five years' imprisonment, and Nijat Azat, who ran a website called Shabnam, was given an eight-year prison sentence. There is little further information on their cases.

Dilshat Paerhat was taken away from his home in Urumqi on 7 August 2009 by unidentified men. His family have not been able to meet him since, and it is not known where he is imprisoned.

During the trial, Dilshat Paerhat was represented by a court-appointed lawyer. Dilshat Paerhat told the court that he had not broken any laws and was just doing his job. It is unclear whether he will appeal against the judgment.

BACKGROUND INFORMATION
On 5 July 2009, a police crackdown on an initially peaceful demonstration by Uighurs in Urumqi was followed by violent riots. The initial demonstration was in reaction to authorities’ perceived inaction following the death of at least two Uighur workers after a riot at a factory in Shaoguan, in the province of Guangdong, on 26 June. According to the official figures, nearly 200 people died in the violence in July in the XUAR, the majority of them "innocent Han Chinese killed by angry mobs," and over 1,700 were injured.

However, eyewitnesses interviewed by Amnesty International report human rights violations that occurred during and in the aftermath of the 5 July protests and riots. These include beatings, arrests and shootings by the security forces to disperse peaceful protesters and the unnecessary or excessive use of force, including lethal force, in the process of restoring order. The evening of 5 July and the following days and weeks also saw widespread arbitrary detentions, torture and other ill-treatment of detainees, enforced disappearances, and unfair trials, in violation of international human rights law and standards.

The initially peaceful demonstration at Urumqi’s People's Square on 5 July, had been announced a few days earlier on Uighur websites including Salkin and Diyarim. In addition to websites, information about the demonstration was circulated on QQ, an instant messaging service in China, and via SMS. The Chinese authorities cut internet access in the XUAR during the night of 5-6 July 2009. According to Li Zhi, the then Chinese Communist Party secretary in Urumqi, this was "to quench the riot quickly and prevent violence from spreading to other places". SMS and international telephone services were also cut.

Access to internet was gradually restored in the region with email facilities partially restored in February 2010 and internet access "fully" restored on 14 May 2010. However, internet access in the XUAR, like elsewhere in China, is still far from free since the government censors the internet, blocks certain sites and monitors individuals' activities online.

On 27 September 2009 the XUAR Regional People's Congress Standing Committee issued new regulations that explicitly forbade the use of the internet to "endanger state security" or "instigate ethnic separatism". In March 2010, XUAR delegate to China's legislature the National People's Congress called for a further tightening of controls over the internet "so it won't be used by criminals as a tool of communication". China's Criminal Law already includes provisions on "endangering state security", which include "subversion of state power", "splittism" and "leaking state secrets". Over recent years the authorities have increasingly used these vaguely-worded provisions to silence and imprison peaceful activists and to curtail freedom of expression.

According to the Dui Hua Foundation, an NGO based in San Francisco, trials of Uighur defendants have accounted for two-thirds of all "endangering state security" case in China since the early 2000s. In January 2010, the president of the Higher People's Court in the XUAR, Rozi Ismael, said that in 2009, courts throughout the region handled a total of 437 cases of "endangering state security", compared with 268 such cases in 2008. The publicly available statistics do not reveal how many individuals were involved in the cases.

In April, Gulmira Imin (f), a regular contributor to Salkin, was sentenced to life imprisonment, and on 23 July, Hairat Niyaz, a journalist who administered another website called Uighurbiz was sentenced to 15 years' imprisonment, also for "endangering state security".

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Urging the authorities to release Dilixiati Paerhati immediately and unconditionally, as he is a prisoner of conscience;
- Calling on them to reveal his whereabouts immediately, and guarantee that Dilixiati Paerhati will not be tortured or otherwise ill-treated;
- Calling on them to ensure that he is given immediate access to legal counsel of his choice, his family and any medical attention he may require.

APPEALS TO:

Director General, XUAR Department of Justice
USOUR Abuliz Tingzhang,
Xinjiang Weiwuer Zizhiqu Sifating,
27 Renminlu, Urumqi 830002, Xinjiang Weiwuer Zizhiqu,
PEOPLE'S REPUBLIC OF CHINA
Fax: 011 86 991 2311590
Salutation: Dear Director General

Chairman of the XUAR People's Government
Nur BEKRI Zhuxi
Xinjiang Weiwuer Zizhiqu Renmin Zhengfu Bangongting
2 Zhongshanlu
Urumqi 830041
Xinjiang Weiwuer Zizhiqu
PEOPLE'S REPUBLIC OF CHINA
Fax: 011 86 991 2817567 or 2803621
Email: master@xinjiang.gov.cn
Salutation: Dear Chairman

Premier 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:

Ambassador Yesui Zhang
Embassy of the People's Republic of China
3505 International Place NW
Washington DC 20522

Phone: 202 495 2000
Fax: 1 202 465-2138
Email: chinaembassy_us@fmprc.gov.cn


PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 13 September 2010.

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Within the United States:
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To Canada:
$0.75 - Postcards
$0.75 - Airmail Letters and Cards (up to 1 oz.)
To Mexico:
$0.79 - Postcards
$0.79 - Airmail Letters and Cards (up to 1 oz.)
To all other destination countries:
$0.98 - Postcards
$0.98 - 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
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END OF URGENT ACTION APPEAL
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