Urgent Action 9-28-10

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/uaa05210.pdf

27 September 2010

Follow-up on UA 52/10 (10 March 2010) - Fear for safety

MEXICO Juan Manuel Martinez (m)

Juan Manuel Martinez, a political activist from Oaxaca state, Mexico, had his house broken into on 24 September. He has been repeatedly harassed and threatened. His life and that of his family may be in danger.

On the afternoon of 24 September, Juan Manuel Martinez and his wife returned to their home in the Municipality of Santa Cruz Xoxocotlan, Oaxaca state, Mexico, to find that it had been broken into and ransacked. Official documents related to complaints he had filed with the local public prosecutors office against previous acts of harassment and intimidation had been rifled through, but no valuables were stolen.

Juan Manuel Martinez was detained in 2008 for the murder of US journalist Brad Will, but was released in February 2010 after a federal court ruled that the charges against him were baseless. Amnesty International repeatedly raised concerns that his prosecution was unfounded and welcomed his release.

According to Juan Manuel Martinez, he and his family have been threatened and intimidated on several occasions since his release. He and his family have been forced to move home three times because of a pattern of harassment. Juan Manuel Martinez's wife has received threatening phone calls. Once, she was reportedly told: "stop causing problems or we will give you a serious beating" ("deje de chingar la madre o te vamos a partir la madre"). The family has also noticed that armed men have been keeping watch of their home and of the school their children attend.

A criminal complaint for has been filed with the Federal Attorney General's Office (Procuraduría General de la Republica) for the repeated acts of harassment against Juan Manuel Martínez and his family.

Juan Manuel Martinez's lawyer, Alba Cruz, has previously also been threatened. She left Oaxaca City in March 2010. She went to Mexico City and then traveled abroad in search of respite. She recently returned to Oaxaca City to continue her human rights work.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Calling on the authorities to provide effective protection for Juan Manuel Martinez and his relatives, in consultation with them and in accordance with their wishes;
- Calling on them to order a full, prompt and impartial investigation into the threats and attacks Juan Manuel Martinez and his family have suffered;
- Calling for the authorities to conduct a full and impartial investigation into the killing of Brad Will.



APPEALS TO:

Attorney General of the Republic
Arturo Chavez Chavez
Procuraduria General de la Republica
Av. Paseo de la Reforma no 211-213,
Col. Cuauhtemoc, Del. Cuauhtemoc
Mexico D.F., C.P. 06500, MEXICO
Fax: 011 52 55 5346 0908
Email: ofproc@pgr.gob.mx
Salutation: Dear Attorney General/Senor Procurador General

Governor of Oaxaca
Lic. Ulises Ruiz Ortiz
Gobernador del Estado de Oaxaca
Carretera Oaxaca-Puerto Angel, Km. 9.5, Santa Maria Coyotepec,
Oaxaca C.P. 71254, Oaxaca, MEXICO
Fax: 011 52 951 502 0530
E-mail: gobernador@oaxaca.gob.mx
Salutation: Dear Governor/Senor Gobernador

COPIES TO:

Human Rights Organization
Comite 25 de Noviembre
E-mail: comite25noviembre@yahoo.com.mx

Ambassador Arturo Sarukhan Casamitjana
Embassy of Mexico
1911 Pennsylvania Ave. NW
Washington DC 20006
Fax: 1 202 728 1698
E-mail: mexembusa@sre.gob.mx

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 8 November 2010.


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Urgent Action Network
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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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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/uaa13910.pdf

Note: Please write on behalf of these persons even though you may not have received the original UA when issued on June 23, 2010. Thanks!


28 September 2010

Follow-up on UA 139/10 (23 June 2010) - Legal Concern

RUSSIA
Yurii Samodurov (m)
Andrei Yerofeev (m)

On 12 July, Yurii Samodurov and Andrei Yerofeev were found guilty of ‘inciting hatred or enmity’ and ‘denigration of human dignity’ and ordered to pay a fine. On 4 October, the Moscow City Court will hear their appeal against this judgment. Amnesty International believes that they are being prosecuted for peacefully exercising their right to freedom of expression.

Yurii Samodurov, former director of the Sakharov Museum, and Andrei Yerofeev, former head of the department for contemporary art at the State Tretiakov Gallery, were charged under Article 282(2) of the Russian Criminal Code and put on trial in Taganskii District Court for organizing a contemporary art exhibition in Moscow in 2007.

The exhibition Forbidden Art 2006 gathered together a number of works of art that had been refused inclusion at various exhibitions in 2006. It contained works by some of Russia’s most well-known contemporary artists, such as Ilya Kabakov, Alexander Kosolapov, the group Blue Noses, Aleksandr Savko and Mikhail Roginskii. The art presented included a photomontage of a photograph of a frame of an icon and a photo of caviar inside the icon. Other examples incorporated reproductions of religious paintings with the figure of Mickey Mouse inserted.

The prosecution claimed that Yuri Samodurov and Andrei Yerofeev had arranged the exhibition in such a way that it denigrates Christianity, and especially the Russian Orthodox faith, and incites hatred against Orthodox and other Christians. Trial observers stressed that out of 134 prosecution witness statements only three witnesses had admitted to having seen the works. One of them admitted, in his own words, he had only “glanced” at the exhibition. None of the witnesses could name an individual who had been incited to hatred or enmity against the Orthodox faith after visiting the exhibition. Despite this, the witnesses claimed that the exhibition did incite hatred. The prosecutor concluded that if at least two people felt their religious feelings had been insulted by the exhibition this was enough to invoke Article 282 and asked the Court to sentence the exhibition organizers to three years imprisonment.

Amnesty International believes that the exhibition Forbidden Art 2006 does not incite hatred. The organizers of the exhibition were peacefully exercising their right to freedom of expression and they should not have been prosecuted.

BACKGROUND INFORMATION
Yurii Samodurov, together with curator Ludmila Vasilevskaia, had previously received a conditional sentence after conviction for inciting hatred following their organization of an exhibition entitled Caution! Religion! in 2003, also at the Sakharov Museum in Moscow. Amnesty International considered that this earlier exhibition did not incite hatred either, and that Yurii Samodurov and Ludmila Vasilevskaia were sentenced solely for exercising their right to freedom of expression.

The Andrei Sakharov Museum opened in May 1996 to commemorate victims of political repressions in the USSR, but also functions as an NGO working to promote human rights and democratic values in Russia. It is a regular venue for conferences and other public events organized by human rights NGOs in Russia.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Expressing concern that Yuri Samodurov and Andrei Yerofeev were prosecuted solely for exercising their right to freedom of expression;
- Urging the authorities to stop the criminal prosecution of Andrei Yerofeev and Yuri Samodurov and to close the case against them.



APPEALS TO:

Prosecutor General
Yurii Yakovlevich Chaika
Prosecutor General’s Office of the RF
Ul. B.Dmitrovka, d.15a
125993 Moscow GSP-3
RUSSIAN FEDERATION
Fax: 011 7 495 987 58 41
Salutation: Dear Prosecutor General

President of the Russian Federation
President Dmitry Anatolievich Medvedev
ul. Ilyinka, 23
103132 Moscow
RUSSIAN FEDERATION
Fax: 011 7 495 9102134
Salutation: Dear President

COPIES TO:

Ombudsperson of the Russian Federation
Ombudsman of the Russian Federation
Vladimir Petrovich Lukin
Ul.Miasnitskaia, 47
107084, Moscow
RUSSIAN FEDERATION
Fax: 011 7 495 607 74-70

Ambassador Sergey I. Kislyak
Embassy of the Russian Federation
2650 Wisconsin Avenue NW
Washington DC 20007
Phone: 202 298 5700
Fax: 1 202 298 5735
Email: russianembassy@mindspring.com

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 9 November 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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Urgent Action 9-25-10

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/uaa21010.pdf

24 September 2010

UA 210/10 Prisoner of Conscience/Freedom of expression

THAILAND Chiranuch Premchaiporn (f)

Chiranuch Premchaiporn, an online news editor in Thailand, was arrested on 24 September under the country’s 2007 Computer-related Crimes Act. She is being held in Khon Kaen police station in north-eastern Thailand. Chiranuch Premchaiporn is a prisoner of conscience, detained solely for the peaceful exercise of her right to freedom of expression, and should be immediately and unconditionally released.

Chiranuch Premchaiporn is the Executive Director of Prachatai (Thai People), a Thai online media portal that contains news, opinion, and a forum for discussion about current affairs in the country. Thailand's Immigration Police (Investigation and Suppression Division) arrested Chiranuch Premchaiporn on 24 September at around 2.30pm (Thailand time) at passport control in Bangkok's Suvarnabhumi Airport. She had just arrived back in Thailand from a brief trip abroad. She was shown an arrest warrant, dated 8 September, relating to material posted on the Prachatai website in April 2008 and that, according to the warrant, endangers Thailand's national security.

This material was written and posted by an unknown Prachatai reader, not Chiranuch Premchaiporn herself. She cannot stop people from posting to the site, but can remove material once it is posted. Chiranuch Premchaiporn can be held for up to 48 days without trial under the Thai Criminal Code.

Chiranuch Premchaiporn was previously charged on 6 March 2009 with violating Sections 14 and 15 of the 2007 Computer-related Crimes Act, which relates to offenses that endanger national security. She was released on bail, and is awaiting trial for those charges, which in total could lead to a 50-year prison sentence.

Chiranuch Premchaiporn's latest arrest warrant contains charges under the same sections of the Act. However, it is not clear if there are additional charges under other sections of the Act or indeed other laws.

BACKGROUND INFORMATION
Thailand has seen a backward slide in its respect of freedom of expression in the past 18 months. The Thai government’s increasing misuse of the 2007 Computer-related Crimes Act has led to a sharp increase in monitoring of the internet for lese majeste (insult to the monarchy) content and in blocks of over ten thousand websites. This broad-ranging censorship of websites in itself constitutes a violation of Thailand’s obligations under international human rights law. The Thai Prime Minister Abhisit Vejjajiva acknowledged in December 2009 that there were problems with the Act’s enforcement.

The Thai government has frequently used the 2007 Computer-related Crimes Act to uphold the country’s lese majeste law in a growing trend of censorship to silence peaceful political dissent. The lese majeste law goes beyond reasonable restrictions on freedom of expression provided for under international human rights law.

Amnesty International is concerned with the Thai government’s characterization of the lese majeste law as a matter of national security (and the subsequent decision in June 2009 to hold a trial of alleged lese majeste behind closed doors on that basis). The same argument about protection of national security is now being used to arbitrarily detain Chiranuch Premchaiporn.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Calling on the Thai authorities to immediately release Chiranuch Premchaiporn, and drop all charges against her;
- Calling on the Thai authorities to immediately make public the full list of charges against Chiranuch Premchaiporn;
- Calling on the Thai authorities to cease censorship of websites under the 2007 Computer-related Crimes Act.

APPEALS TO:

Government spokesperson
Mr Panitan Wattanayagorn
Office of the Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok, 10300
THAILAND
Fax: 011 66 2 288 4186
E-mail: spokesman@thaigov.go.th
Salutation: Dear Mr Panitan

Prime Minister
Mr Abhisit Vejjajiva
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: 011 66 2 288 4016
E-mail: spokesman@thaigov.go.th OR abhisit@abhisit.org
Salutation: Dear Prime Minister

Minister of Foreign Affairs
Mr Kasit Piromya
Office of the Minister of Foreign Affairs
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: 011 662 643 5318
E-mail: om@mof.go.th
Salutation: Dear Minister

COPIES TO:

Ambassador Don Pramudwinai
Embassy of Thailand
1024 Wisconsin Ave. N.W.
Washington, D.C. 20007
Fax: 1 202 944 3611
Email: info@thaiembdc.org

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 5 November 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/uan
Phone: 202.509.8193
Fax: 202.675.8566
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END OF URGENT ACTION APPEAL
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TWO Urgent Action Updates 9-22-10

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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22 September 2010

Further information on UA 194/10 (7 September 2010; 10 September 2010)- Arbitrary detention/ Mass arrest/ Intimidation/ Freedom of expression

SWAZILAND

Sikhumbuzo Phakathi
Nearly 50 activists (human rights defenders, trade unionists & political activists)

Please stop sending appeals about the security forces’ harassment and intimidation of human rights defenders and peaceful demonstrators from 6-8 September in Swaziland.

Between 6 and 8 September, human rights defenders, trade unionists and political activists in Swaziland were arbitrarily detained, assaulted and intimidated, as security forces attempted to disrupt two days of planned protest marches. The security forces conducted mass arrests with no legal basis and held human rights defenders, political opposition leaders and foreign trade union officials in unlawful detention. Instead of holding the security forces accountable, the Prime Minister of Swaziland appeared to condone their actions, suggesting during a press conference on 8 September that torture should be considered as a form of punishment against interfering foreigners and dissidents.

Over the past week the level of harassment and intimidation of human rights defenders and activists appears to have declined and no further incidents have been reported. However, no one has been brought to justice for the human rights violations that took place between 6 and 8 September. Although the Prime Minister and his office have made subsequent statements to “clarify” his comments about the use of torture, none of these reported statements amount to a clear rejection of the use of torture.

In addition to appeals sent in line with this Urgent Action, organizations in Swaziland and other international institutions have put pressure on the Prime Minister to retract his statement condoning torture.

Amnesty International’s human rights concerns have now been brought to the Prime Minister of Swaziland’s attention through this Urgent Action campaign. We request that no more appeals are sent at this point.

No further action is required. Many thanks to all who sent appeals.


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Urgent Action Network
Amnesty International USA
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Email: uan@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.509.8193
Fax: 202.675.8566
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END OF URGENT ACTION APPEAL
----------------------------------

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/uaa34709.pdf

Note: Please write on behalf of these persons even though you may not have
received the original UA when issued on December 22, 2009. Thanks!

22 September 2010

Further information on UA 347/09 (22 December 2009) and follow-ups (14 September 2010; 23 August 2010; 21 May 2010; 18 March 2010; 19 February 2010 and 5 February 2010) - Prisoner of conscience/ Risk of torture

IRAN

Shiva Nazar Ahari (f) ]
Kouhyar Goudarzi (m) ] human rights activists
Saeed Ha’eri (m) ]

Saeed Ha’eri, a member of the Committee of Human Right Reporters (CHRR), which campaigns against human rights violations in Iran, is at risk of being flogged after being sentenced to 74 lashes. He and Shiva Nazar Ahari, another CHRR member have also been given prison terms.

On 18 September 2010, Branch 26 of the Revolutionary Court sentenced student activist Saeed Ha’eri and journalist and human rights defender Shiva Nazar Ahari to lashes and prison terms. They have the right to appeal.

Shiva Nazar Ahari's sentence of 74 lashes for “disturbing public order” was commuted to a fine of four million rials, (equivalent to approximately US$400). She has also been sentenced to six years’ imprisonment, consisting of three and a half years for “moharebeh” (enmity against God) to be served in internal exile at Izeh Prison, Khuzestan province almost 180 km from her family. It is unclear whether Izeh Prison even has facilities for women. She was also sentenced to two years for “gathering and colluding to commit a crime” and six months for “propaganda against the system,” Her lawyer, Mohammad Sharif, says that he intends to lodge an appeal against her conviction and sentence.

Saeed Ha’eri was sentenced to two and a half years’ imprisonment and 74 lashes for “disturbing public order” and “gathering and colluding with intent to harm state security”. A third member of CHRR Kouhyar Goudarzi, remains in prison, serving a one year sentence.

BACKGROUND INFORMATION
The CHRR was founded in 2006 and campaigns against a wide range of human rights violations, including abuses against women, children, prisoners, workers and others. Amnesty International believes that the sentences of Saeed Ha’eri, Shiva Nazar Ahari and Kouhyar Goudarzi are related to their peaceful work campaigning in support of human rights.

Shiva Nazar Ahari was arrested on 20 December 2009 along with, Kouhyar Goudarzi and Saeed Haeri, two male CHRR members. They were taken from a bus while on their way to the funeral of a senior cleric critical of the authorities, Grand Ayatollah Montazeri, which was to take place the following day. Other CHRR members were arrested later, though have all been released on bail. Some have since left the country.

Shiva Nazar Ahari was released on bail on 13 September 2010 and remains free pending her appeal. Saeed Ha’eri was released on bail in March 2010, and was summoned by telephone to appear before a court on 4 September 2010 on charges of “propaganda against the system” and “gathering and colluding with intent to harm state security. He also remains free, pending an appeal.

Kouhyar Goudarzi was sentenced on or around 2 June 2010 to one year’s imprisonment for “spreading propaganda against the system by effective cooperation with the website of the CHRR, gathering and circulating news directed against the system and passing on this news to terrorist organizations based outside the country as well as giving interviews to foreign media and publishing articles on websites.” He is held while awaiting the outcome of his appeal.

Judicial officials and pro-government news agencies have accused the CHRR and its members of contacting a banned group, the People's Mojahedin Organization of Iran (PMOI). For example, in January 2010, the Tehran Prosecutor, Abbas Ja’fari Dowlatabadi, told Shiva Nazar Ahari's family in a meeting: "Experts of the case have reported that the website for the Committee is linked to 'hypocrites' (the authorities' term for the PMOI), and any collaboration with the Committee is considered a crime." The CHRR and Shiva Nazar Ahari have strenuously denied these accusations. In a statement published on 29 January 2010, CHRR members stated that “the Ministry of Intelligence, despite full knowledge of the complete independence of CHRR from all political groups, whether domestic or foreign, is trying to falsely link the Committee to political organizations. The claims that the Committee is linked to Mujahedin Khalgh Organization (MKO) is considered nothing but an attempt by Intelligence experts to eliminate a reputable group that has been active in the field of human rights from its conception.”

In 1998 the UN adopted the UN Declaration on Human Rights Defenders which, although not legally binding, draws together provisions from other legally binding conventions and covenants most relevant to HRDs. The Declaration sets out the prime responsibility of states to take all necessary steps to ensure the protection of everyone who exercises their right to defend human rights. Amongst other things, the Declaration affirms the rights to defend human rights; to freedom of association; to document human rights abuses; to seek resources for human rights work; to criticize the functioning of government bodies and agencies and to access international protection bodies. The International Covenant on Civil and Political Rights to which Iran is state party guarantees the rights to freedom of expression, association and assembly.

Amnesty International is campaigning for the CHRR to be able to carry out its human rights work without fear of reprisals, for all charges faced by CHRR members pertaining to their human rights activities to be dropped. Those held solely for their peaceful human rights work should be released immediately and unconditionally.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Urging the Iranian authorities to ensure that Saeed Ha’eri is not subjected to the cruel punishment of flogging;
- Calling for the immediate and unconditional release of Kouhyar Goudarzi, as he is a prisoner of conscience, held solely for the peaceful exercise of his rights to freedom of expression and association and meanwhile for him to have immediate and regular access to his family and lawyer;
- Calling on the Iranian authorities to review the cases against Shiva Nazar Ahari, Saeed Ha’eri, Kouhyar Goudarzi and any other member of the CHRR and ensure that they are not held for their peaceful human rights activities;
- Reminding the Iranian authorities that everybody has the right to promote, develop and protect human rights by lawful and peaceful means. This includes the rights to freedom of expression, association, and assembly which are protected under the International Covenant on Civil and Political Rights, to which Iran is a state party.

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)
Salutation: Your Excellency

Head of the Judiciary
Ayatollah Sadegh 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
Salutation: Your Excellency

COPIES TO:

Director, Human Rights Headquarters of Iran
His Excellency Mohammad Javad Larijani
Bureau of International Affairs,
Office of the Head of the Judiciary,
Pasteur St., Vali Asr Ave. south of Serah-e Jomhouri,
Tehran 1316814737
ISLAMIC REPUBLIC OF IRAN
Email: bia.judi@yahoo.com
Fax: 011 98 21 5 537 8827 (please keep trying)

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 3 November 2010.

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

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Within the United States:
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To Canada:
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$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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Urgent Action 9-20-10

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/uaa20510.pdf

20 September 2010

Further information on UA 205/10 (17 September 2010) - Risk of torture and other ill-treatment / Legal concern

UGANDA Mbugua Mureithi (m) lawyer
Al-Amin Kimathi (m) human rights activist

Kenyan lawyer Mbugua Mureithi was released from police custody in Kampala, the capital of Uganda, on 18 September and was immediately deported to Kenya. Human rights activist Al-Amin Kimathi continues to be held incommunicado without charge or access to legal representation.

Mbugua Mureithi and Al-Amin Kimathi were arrested by Ugandan police and immigration officials on arrival in Entebbe, in southern Uganda, on 15 September. The two men had travelled to Uganda from Kenya to represent at least three Kenyans arrested in connection with the 11 July 2010 bombings in Kampala.

Al-Amin Kimathi, of the Kenyan human rights organization, the Muslim Human Rights Forum, is being held incommunicado at the Ugandan police's Rapid Response Unit Headquarters in Kireka, Kampala. He is at risk of torture and other ill-treatment. Amnesty International fears that his arrest and continued detention is due to his work as a legal representative of some of the people charged in relation to the July bombings.

Due to their arrest and detention, the two men have not had a chance to meet with their clients who are charged with offenses including murder and terrorism, punishable by death under Ugandan law. The court case involving their clients has continued in their absence.

BACKGROUND INFORMATION
On 11 July 2010, over 76 people were killed and hundreds injured as a result of bombings by unknown people at two different public venues in Uganda's capital, Kampala. Following criminal investigations in Uganda and Kenya, in the last few weeks over 30 people of different nationalities, including Ugandan, Kenyan and Somali, have been arrested in connection with the bombings and charged with criminal offenses, including murder, terrorism and attempted murder. The trial process remains ongoing.

Amnesty International has documented the unlawful transfer of suspects from Kenya to Uganda, and the incommunicado detention and allegations of ill-treatment of a number of the suspects who all remain in detention. In addition, we are concerned about the impact that the intense publicity about alleged confessions may have on the fairness of the trials.

Amnesty International, the Uganda Human Rights Commission and local human rights organisations have, in the past, documented reports of torture and other ill-treatment of detainees at the hands of Uganda police officers.

The right to a fair trial, including the right to legal assistance is provided for in Article 14 of the International Covenant on Civil and Political Rights and Article 7 of the African Charter on Human and Peoples' Rights, both of which Uganda is party. These rights are also provided for under Article 28 of the Ugandan Constitution.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Urging the immediate release of Al-Amin Kimathi, unless he is promptly charged with a recognizable criminal offense and brought before a court.
- Calling on the Inspector General of Police and Minister for Internal Affairs to ensure that he has access to his lawyer and family.
- Calling on the Inspector General of Police and Minister for Internal Affairs to ensure that both men have unhindered access as legal representatives to their clients.
- Calling on the Ugandan authorities to ensure that any measures taken to investigate, prosecute and bring to justice alleged perpetrators of the July 2010 bombings fully comply with international human rights law and standards and the Ugandan Constitution.



APPEALS TO:

Inspector General of Police
Major General Kale Kayihura
Uganda Police Force,
Nsambya Police Headquarters
PO BOX 7055,
Kampala
UGANDA
Fax: 011 256 414 342 985
Salutation: Dear Major General

Minister of Internal Affairs
Hon Ali Kirunda Kivejinja
Ministry of Internal Affairs
PO Box 7191, Kampala
UGANDA
Fax: 011 256 414 343 088
Salutation: Dear Minister

COPIES TO:

Ambassador Professor Perezi Karukubiro Kamunanwire
Embassy of the Republic of Uganda
5911 16th St. NW
Washington DC 20011
Fax: 1 202 726 1727
Email: pkamunanwire@ugandaembassyus.org
OR
info@ugandaembassyus.org


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


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END OF URGENT ACTION APPEAL
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Urgent Action 9-17-10

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/uaa20310.pdf

17 September 2010

UA 203/10 Risk of torture

SYRIA Tal al-Mallohi (f)

Tal al-Mallohi, a 19-year-old Syrian woman, has been held incommunicado at a State Security branch in Damascus for nearly nine months. Amnesty International believes she may be a prisoner of conscience, detained solely for the peaceful exercise of her right to freedom of expression. She is at grave risk of torture and other ill-treatment.

Tal al-Mallohi, a resident of Homs, in central Syria, has not been seen since 27 December when she traveled to Damascus, the capital, to visit a State Security branch, after she had been summoned for questioning. State Security is one of several branches of the Syrian security forces, all of which regularly detain people on even the slightest suspicion of opposition to the government.

Two days later, officers from State Security visited Tal al-Mallohi’s family home and confiscated her computer, some CDs, notebooks and a mobile phone.

Officials at State Security have told Tal al-Mallohi’s family that they are holding her, but have not revealed the reasons for her arrest and refused to let them visit her. According to Tal al-Mallohi’s family, she has no political affiliations, but suspect that her detention may partly be related to poems and articles on various political and social issues that she has written and published in a blog (http://talmallohi.blogspot.com); some of the material contains references to restrictions on freedom of expression in Syria.

Ever since her arrest, Tal al-Mallohi’s family have regularly visited the State Security branch in Damascus to seek information about their relative and to try to see her. Initially officials invited them inside and provided limited details about the circumstances of her detention, but subsequently confined themselves to vague reassurances about her health at reception. The family also submitted three written visitation requests to State Security and in September posted on the internet two appeals to the Syrian President urging him to intervene for her release. As far as Amnesty International is aware no response has been made to any of these requests or appeals.

BACKGROUND INFORMATION
Freedoms of expression and association are strictly controlled in Syria, aided by “state of emergency” laws which have been in force since 1964. Only the Ba’ath Party and some parties linked to it are officially recognized as political parties in Syria and human rights organizations are not authorized to operate. Human rights defenders, government critics and advocates of political reform face constant harassment, arbitrary arrest and detention.

In particular, a number of young people in Syria have been sentenced in recent years for their roles in publishing politically sensitive material on the internet. In September 2009, the Supreme State Security Court (SSSC) sentenced Kareem ‘Arabji, a blogger then aged 31, to three years in prison for moderating an internet youth forum. He was reported to have been tortured or otherwise ill-treated during prolonged pre-trial incommunicado detention. Kareem ‘Arabji was later released under a presidential amnesty.

In June 2007 seven men - ‘Allam Fakhour, Ayham Saqr, Diab Siriyeh, Hussam ‘Ali Mulhim, Maher Isber Ibrahim, ‘Omar ‘Ali al-‘Abdullah and Tareq al-Ghorani – were sentenced by the SSSC to lengthy prison sentences for their involvement in developing an on-line youth discussion group and publishing articles on the internet advocating democratic reform. They were reported to have been tortured or otherwise ill-treated during prolonged pre-trial incommunicado detention in the custody of Air Force Intelligence. They were aged between 21 and 30 at the time of their arrests in early 2006.
There are widespread reports of torture and other ill-treatment in Syria’s detention and interrogation centers, police stations and prisons. In 2009, seven people were reported to have died as a possible result of abuses in custody. The authorities took no action to investigate these allegations, as far as Amnesty International is aware. “Confessions” extracted under duress are systematically used as evidence in Syrian courts, and the defendants’ claims that they have been tortured or otherwise ill-treated are almost never investigated.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Expressing concern that Tal al-Mallohi may be a prisoner of conscience, detained solely for the peaceful exercise of her right to freedom of expression;
- Demanding that the authorities release her immediately and unconditionally if this is the case;
- Calling on the authorities to ensure that she is not exposed to torture or other ill-treatment, and reminding them that Syria is a state party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- Urging the authorities to immediately allow her visits from her family, access to a lawyer of her choosing and any medical treatment she may require.

APPEALS TO:

President
Bashar al-Assad
Presidential Palace
al-Rashid Street
Damascus, SYRIAN ARAB REPUBLIC
Fax: 011 963 11 332 3410
Salutation: Your Excellency

Minister of Interior
Major Sa’id Mohamed Samour
Ministry of Interior
‘Abd al-Rahman Shahbandar Street
Damascus, SYRIAN ARAB REPUBLIC
Fax: 011 963 11 222 3428
Salutation: Your Excellency

COPIES TO:

Minister of Foreign Affairs
Walid al-Mu’allim
Ministry of Foreign Affairs
al-Rashid Street
Damascus, SYRIAN ARAB REPUBLIC
Fax: 011 963 11 332 7620
Salutation: Your Excellency

Ambassador Dr Imad Moustapha
Embassy of the Syrian Arab Republic
2215 Wyoming Ave. NW
Washington DC 20008
Fax: 1 202 234 9548 OR
1 202 265 4585 OR
1 202 232 4357
Email: info@syrembassy.net

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 29 October 2010.

----------------------------------

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Fax: 202.675.8566
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END OF URGENT ACTION APPEAL
----------------------------------

Urgent Action 9-11-10

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/uaa30609.pdf

Note: Please write on behalf of these persons even though
you may not have received the original UA when issued on November 13, 2009. Thanks!

10 September 2010

Further information on UA 306/09 (13 November 2009)- Fear for safety

BRAZIL Rolindo Vera (m), teacher
80 members of the Guarani Kaiowá Y’poí Indigenous group

Approximately 80 members of the Guarani Kaiowá Y’poí Indigenous group in Brazil have been threatened by armed men hired by local farm owners. They have been prevented from leaving their encampment, resulting in no access to water, food, education and health.

The group reoccupied farmland they claim as part of their ancestral territory near Paranhos, Brazil, in April. They are surrounded by armed men hired by local farm owners and have been threatened and gunshots have been fired into the air at night. They are also being prevented from leaving their encampment. This has left them in a critical situation with no access to water, food, education and health.

The Federal Indigenous Health Agency (FUNASA) has not provided care to the community allegedly claiming this is due to lack of security. The community’s children are falling sick due to the lack of medical assistance, water and the dry weather conditions. The community has denounced their situation to the Federal Prosecutor’s Office, the National Indian Foundation (Fundação Nacional do Índio, FUNAI) and the state police authorities, but so far no action has been taken.

Previously, the Guarani Kaiowa Y’poí community was violently evicted from their ancestral land in October 2009. During the eviction, community members say that they saw Genivaldo Vera being taken away by the gunmen and his cousin Rolindo Vera fleeing into the forest. Genivaldo Vera’s body was found in a nearby river a few days later. His head had been shaved and his body had extensive bruising. Rolindo Vera’s whereabouts remain unknown. After over 300 days, Rolindo’s family continue to wait for the Federal Police to tell them what happened to him or to bring them Rolindo’s body back. The community wants to search for Rolindo but are not allowed outside their encampment.

BACKGROUND INFORMATION
Mato Grosso do Sul state contains some of the smallest, poorest and most densely populated Indigenous areas in Brazil: rural pockets of poverty surrounded by large soya and sugar cane plantations and cattle ranches where life is plagued by ill-health and squalid living conditions.

In November 2007, the Federal Public Prosecutor’s Office in Mato Grosso do Sul signed an extrajudicial agreement called a TAC (Termo de Ajustamento de Conduta), with FUNAI which committed it to identify and delimit 36 separate Guarani-Kaiowá traditional lands by April 2010, for future demarcation. On 29 July, the Federal Prosecutor’s Office submitted a request to the Federal State Court asking for the judicial execution of the TAC agreement. The Prosecutor’s Office requested that FUNAI comply with the terms of the agreement within 60 days and failing to do that that the demarcation should be done by third parties to be paid by FUNAI. They also requested that FUNAI pays the fine stipulated in the agreement for the delay in finalizing the identification of the ancestral lands.

The ancestral lands that the Guarani Kaiowa have begun reoccupying should have already been surveyed by government anthropologists to enable them to identify lands to be returned to the community, as outlined in an agreement signed in 2007. However, farmers in the area have repeatedly blocked attempts to carry out the surveys necessary for identifying the land to be returned.

Because of the ongoing failure to resolve outstanding land claims, several Guarani Kaiowa communities have ended up reoccupying the lands, which have been followed by a series of violent evictions, often involving armed men. Irregular security companies, many of whom are effectively acting as illegal militias in the service of landowners or agro-industry, have been involved in many human rights abuses in rural Brazil and remain a serious threat to both Indigenous peoples and rural workers fighting for their right to land.

Both the UN Declaration on the Rights of Indigenous Peoples which Brazil endorsed in 2007 and the International Labour Organisation’s Convention 169 to which Brazil is a party, enshrine Indigenous People’s rights to their ancestral lands and call on states to establish mechanisms whereby these rights can be adjudicated and recognized. The Brazilian constitution also affirms Brazilian Indigenous People’s rights to their lands and the Union’s responsibility to demarcate them.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Calling for the authorities to guarantee the community’s security and ensure that they have adequate food, water, health care; and that they are able to travel freely.
- Urging the authorities to ensure FUNASA and the Federal Police visit the site and provide adequate care to the community.
- Demanding that the Federal Police conclude the investigation into the death of Genivaldo Vera and the whereabouts of Rolindo Vera and bring those responsible to justice.
- Urge the authorities to fulfill their obligations under the International Labour Organisation’s Convention 169, the UN Declaration on the Rights of Indigenous Peoples and the Brazilian constitution by completing all outstanding demarcations of Indigenous lands.


APPEALS TO:

Federal Minister of Justice
Exmo. Sr. Luiz Paulo Teles Ferreira Barreto
Esplanada dos Ministérios,
Bloco "T" 70712-902 - Brasília/DF
BRAZIL
Fax: 011 55 61 3322 6817 OR 011 55 61 3224 3398
Salutation: Dear Minister

Federal Human Rights Secretary
Secretaria Especial de Direitos Humanos
Exmo. Secretário Especial
Sr. Paulo de Tarso Vannuchi
Esplanada dos Ministérios,
Bloco "T" - 4º andar, 70064-900 Brasília/DF
BRAZIL
Fax: 011 55 61 3226 7980
Salutation: Dear Secretary

COPIES TO:

Conselho Indigenista Missionario (local NGO)
CIMI Regional Mato Grosso do Sul
Av. Afonso Pena, 1557 Sala 208 Bl.B
79002-070 Campo Grande/MS,
BRAZIL
Email: cimims@terra.com.br

Ambassador Antonio de Aguiar Patriota
Brazilian Embassy
3006 Massachusetts Ave. NW
Washington DC 20008
Fax: 1 202 238 2827
Email: ambassador@brasilemb.org

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 22 October 2010.


----------------------------------

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Phone: 202.509.8193
Fax: 202.675.8566
----------------------------------
END OF URGENT ACTION APPEAL
----------------------------------

Urgent Action 9-7-10

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/uaa19410.pdf

7 September 2010

UA 194/10 - Arbitrary detention/ Mass arrest/ Intimidation /Freedom of expression

SWAZILAND
Sikhumbuzo Phakathi
Human rights defenders
Trade unionists
Political activists

Since 6 September, human rights defenders, trade unionists and political activists in Swaziland have been arbitrarily detained, harassed and intimidated, as the authorities tried to disrupt two days of planned pro-democracy demonstrations. There are fears of continuing human rights violations following these demonstrations.

On the afternoon of 6 September, police broke up a peaceful meeting of activists in the country’s largest city, Manzini. A broad coalition of activists had been meeting to finalize plans for two days of pro-democracy demonstrations scheduled for 7 and 8 September. Nearly 50 activists were arrested, including human rights defenders, lawyers, trade unionists, and political activists. Police also arrested at least one journalist covering the event and assaulted a human rights defender who was taking photos of the police actions.

Most of those arrested were released without charge within hours. However, visiting South African trade unionists among the group were deported. Items confiscated following the arrest, including a laptop computer, have not been returned. One political activist among the group, Sikhumbuzo Phakathi, was released but then re-arrested again later that evening. He has been detained without charge since then at Hluti police station, in a remote rural area south of Manzini. Amnesty International regards his detention as unlawful.

The demonstration by civil society organizations and political activists took place in Manzini, as planned, on 7 September. But prior to the march, police officers searched the office of the Swaziland Federation of Trade Unions, one of the organizers of the demonstration, confiscated material and deported a further 15 South African trade unionists. During the march, police maintained a heavily armed and intimidating presence, along with members of the military, conducted searches at road blocks throughout the country and detained at least one key political activist to stop him from participating.

Amnesty International is concerned that demonstrators are at risk of further human rights violations during and following another pro-democracy demonstration planned for 8 September in the country’s capital city, Mbabane.

BACKGROUND INFORMATION
Political activists, human rights defenders and trade unionists have been harassed, threatened, ill-treated and detained by the Swaziland police over the past year, including under draconian counter-terror legislation.

In June and early July 2010, dozens of human rights defenders, trade unionists and political activists were harassed, ill-treated or detained as the authorities investigated a spate of government-targeted petrol bombings. Testimony and other information received by Amnesty International at the time indicated that several political activists had been subjected to torture and other forms of ill-treatment during interrogation. The searches and interrogations of high profile human rights defenders and trade unionists appeared deliberately intended to intimidate and undermine their lawful advocacy work.

On the morning of 1 May 2010, a group of political activists were arrested at a May Day workers rally in Manzini. They were taken to Manzini Regional Police Headquarters where they were held for several hours. Most were released later that day without charge in what appeared to have been an effort to keep them away from the rally. However, one of the men arrested at the rally, 35 year old Sipho Jele, was not released that day and died in suspicious circumstances in prison on or around 4 May. An inquest that was established to investigate the cause of death is expected to conclude its findings before the end of the year.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Expressing concern at the arbitrary detention of trade unionists, civil society activists and others and the breakup of peaceful meetings from 6 September prior to the planned demonstrations;
- Calling on the authorities to respect the rights of freedom of expression, association and peaceful assembly and to cease all harassment, intimidation and arbitrary arrests of non-violent activists campaigning for political reform and human rights;
- Calling for the immediate and unconditional release of all activists who have been arbitrarily detained, including Sikhumbuzo Phakathi, and remind the authorities of the absolute prohibition on torture and other forms of ill-treatment under international law.


APPEALS TO:

Prime Minister
Dr. Barnabas Sibusiso Dlamini
P O Box 395,
Mbabane
SWAZILAND
Fax: 011 268 404 3943
Salutation: Dear Prime Minister


Commissioner of Police
Mr Isaac Magagula
The Royal Swaziland Police Service,
P.O. Box 49,
Mbabane H100
SWAZILAND
Fax: 011 268 404 4545
Salutation: Dear Commissioner

COPIES TO:

Ambassador Ephraim Mandlenkosi M Hlophe
Embassy of the Kingdom of Swaziland
1712 New Hampshire Ave NW
Washington DC 20009
Phone: 202 234 5002
Fax: 1 202 234 8254
Email: info@swazilandembassyus.com


PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 19 October 2010.

----------------------------------

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

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Phone: 202.509.8193
Fax: 202.675.8566
----------------------------------
END OF URGENT ACTION APPEAL
----------------------------------

Urgent Action 9-3-10 #2

URGENT ACTION APPEAL
- From Amnesty International USA

To learn about recent Urgent Action successes and updates, go to
http://www.amnestyusa.org/iar/success
----------------------------------
3 September 2010

Further information on UA 151/10 (2 July 2010) and follow up (24 August 2010)– Death Penalty

USA-Ohio Kevin Keith (m)

Kevin Keith’s death sentence was commuted on 2 September by the Governor of Ohio to life imprisonment without the possibility of parole. He had been scheduled to be executed on 15 September.

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. Kevin Keith has consistently maintained his innocence.

On 2 September, Governor Ted Strickland rejected the unanimous recommendation of the Ohio Board Parole Board, issued on 19 August, that he not grant clemency to Kevin Keith. In a statement, Governor Strickland said that despite circumstantial evidence linking Kevin Keith to the crime, “many legitimate questions have been raised regarding the evidence in support of the conviction and the investigation which led to it. In particular, Mr Keith’s conviction relied upon the linking of certain eyewitness testimony with certain forensic evidence about which important questions have been raised. I also find the absence of a full investigation of other credible suspects troubling.”

Governor Strickland continued: “Mr Keith still has appellate legal proceedings pending which, in theory, could ultimately result in his conviction being overturned altogether. But the pending legal proceedings may never result in a full re-examination of his case, including an investigation of alternate suspects, by law enforcement authorities and/or the courts. That would be unfortunate – this case is clearly one in which a full, fair analysis of all of the unanswered questions should be considered by a court. Under these circumstances, I cannot allow Mr Keith to be executed. I have decided, at this time, to commute Mr Keith's sentence to life in prison without the possibility of parole.”

Kevin Keith’s lawyers, who had been seeking a pardon for their client, welcomed the governor’s decision. In a statement they added that their work was unfinished: “Mr Keith remains incarcerated for a crime he did not commit, and that crime remains unsolved. The same compelling reasons that support Governor Strickland's actions today warrant a new, fair trial for Mr Keith, including the existence of newly discovered evidence, the revelation of evidence withheld by the State, and the development of new science behind eyewitness identification, all of which point to Mr Keith's innocence…The commutation to a life sentence does not lessen the need for justice to prevail.”

The lawyers have expressed their thanks to the thousands of people who appealed for clemency. They said that over 25,000 people had signed online petitions, and that, “in the last two weeks alone, over 7,000 people sent letters to Governor Strickland urging him to grant clemency.”

NO FURTHER ACTION IS REQUESTED FROM THE UA NETWORK. Many thanks to all who sent appeals.

----------------------------------

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: 202.509.8193
Fax: 202.675.8566

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