Sex in India (or, how I worried a little less about Section 377)

A young hijra from Goa.  Photo by Michael Garten, garten.mike@gmail.com

A young hijra from Goa. Photo by Mike Garten (MikeGarten.com)

OK, I admit that this post is not really about sex, but about gender identity and sexuality.  But, while you’re here, have a look at some of the positives developments for the rights of sexual minorities in India in 2009.  One major caveat: India has a very long way to go before the rights of sexual minorities are fully acknowledged and protected. The victories of 2009 will only make the smallest of dents in India’s large and growing population of people infected with HIV/AIDS and the mainstreaming of “alternative” sexual identities.  Organizations such as the Naz Foundation will theoretically be able to work in vulnerable communities with less fear of police harassment, but it still does not come anywhere close to eliminating the stigma that these communities face on a daily basis.  Thousands of gay men, lesbians and transgendered have to hide their identities from their family and community and these legal victories will do nothing to make their lives any less hidden.

Section 377 of the Indian Penal Code specified sodomy is illegal and is punishable by up to life in prison.  It was adopted in 1860 by the British Indian government at the behest Lord Macaulay.  Although some flavors of heterosexual contact was also forbidden, it was specifically written into the law to outlaw homosexuality.  Although Article 377 has been rarely used, the fact that it has been on the books and has been used to harass HIV/AIDS educators as recently as 2006 is a violation of the human rights of those engaged in private, consensual conduct and of those engaged in educating communities about HIV/AIDS prevention.

On July 2, 2009, history was made when the Delhi High Court declared Section 377 in violation of Article 14 of the Indian Constitution. One of the paragraphs of the Delhi High Court ruling is worth quoting: SEE THE REST OF THIS POST

Iranian human rights defender Abdolfattah Soltani released!

Abdolfattah Soltani, an Iranian human rights defender, was one of hundreds of people who were rounded up and imprisoned in the crackdown that followed Iran’s presidential elections.  Plain clothes Iranian security officials arrested the leading human rights activist in June along with countless others — students, opposition politicians, journalists and rights activists — and threw them in prison.

Soltani has for years stood by victims of Iran’s repression. And by putting himself in the line of fire, he too has become a target of the Iranian government crackdown.

Tens of thousands of Amnesty members took action in response to news of his arrest. And last week, Soltani was released. While we continue to have a number of concerns about human rights in Iran, we have found Soltani’s release, along with last month’s release of human rights defender Shadi Sadr, profoundly encouraging.

Amnesty members helped counter the climate of fear instilled by Iranian authorities with a spirit of hope. They sent a vital message of solidarity to Soltani and other human rights defenders like him in their hour of darkness, reminding them that they were not alone.

We sincerely thank everyone who took action on Soltani’s behalf.

Iranian Lawyer Shadi Sadr Released!

We’re happy to bring you some good news in the case of lawyer and human rights activist Shadi Sadr.

We’ve all watched with dismay during that last 2 months as Iran has cracked down on hundreds of thousands of people who have poured into the streets to protest the contested results of June’s presidential election. Behind the scenes, Iranian authorities have conducted a campaign to silence dissident voices — like human rights lawyer Abdolfattah Soltani — through arbitrary arrests and detention.

It was as part of this campaign that Shadi Sadr was detained last month. On July 17, Sadr was walking on a road in Tehran when men in civilian clothes grabbed her and attempted to push her into a car. Sadr lost her headscarf and coat in the ensuing struggle but managed briefly to escape. She was quickly recaptured and beaten with batons, and then taken away in the car.

We are relieved to report that after more than a week in custody, Sadr was released on bail, thanks in part to appeals from Amnesty activists worldwide. Amnesty International is monitoring her situation and will issue further updates as they become available.

Uighur Blogger Still Held

Since July 8, Ilham Tohti, editor of the Web site Uighur Online and a professor at Central Nationalities University in Beijing, has been held incommunicado by Chinese authorities. He was interrogated after posting articles on the site and his personal blog about a clash between members of China’s majority ethnic Han group and Uighurs in Guangdong Province on June 26.

The Uighurs are a Muslim minority group in China most of whom live in Xinjiang Uighur Autonomous Region (XUAR) in northwestern China. For two decades now Chinese authoirities have been pursuing a campaign in the area against “terrorism, separatism and religious extremism,” in the process have diluting the Uighur population and severely restricting the civil and cultural rights of Uighurs. Ilham Tohti’s case is in no way isolated. Although authorities in XUAR set up a media center for foreign journalists in Urumqi during the recent violence, reporters have been prevented – by police, other security forces or even just people on the street – from reporting freely in the XUAR. One New York Times reporter described tour guides in Kashgar who refused to lead him around the city and translators who feared repercussions if they were to translate certain conversations. Clearly Chinese authorities fear what the people of Kashgar might say to journalists, but what’s even worse is that they’re causing residents in the XUAR to fear expressing their opinions.

All this repression suggests the unliklihood of an independent inquiry into the events last month in Xinjiang as well as open, fair trials for those who have been detained. Take action now for Ilham Tohti!

The course of justice in Sri Lanka

The Sri Lankan Supreme Court yesterday acquitted five soldiers for the murder of 10 Muslim youths in Udathalawinna on December 5, 2001, during a general election.  The five had been security guards of Anuruddha Ratwatte, the then deputy minister of defence.  Ratwatte and his two sons had earlier been charged for the murders as well but were acquitted in 2006.  Ten young men are dead and no one, to my knowledge, has been convicted for their murder.  Is this how Sri Lanka punishes the guilty?

I couldn’t help thinking of this case when I heard that a verdict is expected on August 31 in the trial of J.S. Tissainayagam, a Sri Lankan journalist.  Tissainayagam is being tried for allegedly violating the country’s emergency regulations and Prevention of Terrorism Act.  The only evidence against him are two articles he wrote in 2006 in a monthly magazine criticizing the government’s conduct of the war against the Tamil Tigers and a confession that his lawyer says was obtained under duress.  Amnesty International has adopted him as a prisoner of conscience and calls for his immediate, unconditional release and for all charges against him to be dropped.  Will we see an acquittal for him on August 31?  Or do acquittals only apply for the powerful and those connected to them?

Under the Veil of "Counter Terrorism"

Amnesty International has just released a report detailing the consistent human rights abuses in Saudi Arabia under the facade of combatting terrorism. Thousands of people have been arrested and detained in virtual secrecy, while others have been killed in uncertain circumstances. Hundreds more people face secret and summary trials and possible execution. Many are reported to have been tortured in order to extract confessions or as punishment after conviction.

Reported methods of torture and other ill-treatment include severe beatings with sticks, punching, and suspension from the ceiling, use of electric shocks and sleep deprivation. Flogging is also imposed as a legal punishment by itself or in addition to imprisonment, and sentences can include thousands of lashes.

Since the attacks of September 11th, Saudi Arabia has been under intense pressure by the West to take on terrorism as 15 of the 19 hijackers were Saudi citizens. Abdulrahman Alhadlaq, a Saudi Interior Ministry official, told The Associated Press that Amnesty International’s assertions were “claims that have to be proven.”

Samah Choudhury contributed to this post

The Gambia, Where Persecution Has Replaced Justice

The following comes to us from Essa Bokarr Sey, the former Ambassador of the Republic of The Gambia to France (1999-2001) and to the United States (2002-2003). We asked him to share with us his perspective on The Gambia today, in light of this week’s Day of Action for Ebrima Manneh. To learn more about Amnesty International’s concerns about human rights in The Gambia, click here.

President Yahya Jammeh of The Gambia monopolizes power with excessive force. In The Gambia of today being an opposition or exercising one’s right towards freedom of expression is a considered social taboo. Fear is ruling our people without limits or respect for the rule of law.

In The Gambia three scary names are used to maintain the brutal Jammeh regime in power.

1) The NIA (National Intelligence Agency) is first on the list. It is known for abducting, torturing and killing Gambians who dare show their difference in political opinion before the regime’s modus operandi. The NIA was established as soon as the Jammeh regime came into existence based with reference to decrees that were promulgated by the Armed Forces Provisional Ruling Council. These special decrees empowered the NIA to arrest any Gambian upon suspicion and keep him or her for days without trial. They are still in full force. The latter contradicts the very essence of the Gambia constitution. Worst of all the NIA is directly answerable to the minister of defense who is President Jammeh, him being the hub of all abuses with the excessive use of power.

2) The state guard is a special squad composed of thugs and killers who run along the length and breadth of the country with unmarked vehicles. The latter can visit the residence of any Gambian at any time then abduct and incarcerate him or her while using harsh torture methods. Their callous and brutal methods started mushrooming from 1994 November 11 when officers of the Gambia National Army were summarily executed. Over the years many more were killed like former Lt Seye, former state guard commander Lt Almamo Manneh and others. Killings that are based on nothing other than speculation or whirling accusations which usually reflects suspicion from a paranoid leadership. These are crime scenes where clear indications have so far implicated the state guard beyond any reasonable doubt.

3) Third are the different locations where those abducted or kidnapped are kept incommunicado. The most dangerous are: Mile two central prisons, Jeshwang prisons, Jangjangbureh Prisons (an isolated island) where torture could include being exposed to mosquito bites and excessive heat in dark cells. Within the NIA premises also are dark dungeons like the Bambadinka–meaning the crocodile’s hole.

These three scary names are the pillars of President Jammeh’s regime of brutality. This is exactly why journalists like Ebrima Manneh are helpless and vulnerable. No single person can ever determine where detainees are kept with precision because the regime’s tactics includes transferring detainees from one undisclosed location to another only to escape inquiries from family members of the affected parties.

Refusing detainees access to legal representation and or visits from family members is definitely not uncommon in The Gambia today. The Jammeh regime exercises its strength by showing the detained and the family of the detained that absolute power lies in its hands but not within the hands of the judiciary. Court orders are not respected because re-arresting people who have been freed by a judge just outside the premises of the court house has been part of the regime’s merciless reactions during the past years. Indeed the above cannot be part of the modus operandi of a democratic regime. Therefore any regime which practices what is referenced here above is one that has no respect for the rule of law. That is why Gambians are scattered all over the world as asylees or refugees. Our country’s population is one of the smallest in Africa, however, the number of Gambians on exile is on top of the list in the continent. That certainly should be a cause for concern.

The recent report of Amnesty International entitled Gambia: Fear Rules speaks for itself. This same vein is the reason why six senators from the US senator on foreign relations signed a petition calling on the Gambian president to release Chief Ebrima Manneh. These are respected institutions who have no interest in staining the Jammeh regime for political reasons or any other one for that matter. Veterans like Senator Ted Kennedy are of course not into this for making names or controlling anything political. They are in it because what affects human life in The Gambia or any other part of the world attracts the attention of responsible leaders like the latter. President Jammeh’s legacy has already been stained like that of Idi Amin Dada and other former blood thirsty dictators. Along the way he will face his fate because international laws supersede the local Gambian laws he is manipulating to help maintain his ruthless regime.

Iranian Lawyer and Human Rights Activist Shadi Sadr Detained in Evin Prison

Lawyer and human rights activist Shadi Sadr has been arrested and detained by Iranian authorities. According to the International Campaign for Human Rights in Iran, Sadr was walking with friends to Friday Jummah prayers when she was violently confronted by a group of unidentified plain-clothed men. She was beaten with batons after attempting to escape, losing her headscarf in the process. Sadr was then pushed into an unmarked car and was subsequently driven off.

She confirmed in a phone call to her husband that she had been arrested and was detained in ward 209 of Tehran’s Evin prison. Ms. Sadr has long served as a defender of human rights issues in Iran and is a member of the Committee of Human Rights Reporters. A lawyer and journalist, she was the director of Raahi, a legal advice center for women until it was closed down. She founded Zanan-e Iran (Women of Iran), the first website dedicated to the work of Iranian women’s rights activists and has written extensively about Iranian women and their legal rights. She has represented activists and journalists, several women sentenced to execution, whose convictions were subsequently overturned.

Amnesty International has called for the unconditional and immediate release of Ms. Sadr. “This was an illegal, arbitrary and violent arrest in which no attempt was made by the authorities to show identification or provide any explanation for their action,” said Malcolm Smart, director of the Middle East and North Africa Programme.

Samah Choudhury contributed to this post

Ahmedinejad Blames West for Election Unrest

Iranian President Mahmoud Ahmedinejad gave a speech on state television on Tuesday insisting it due to the meddling of Western nations that violence broke out following the June 12th presidential election. “Our arrogant enemies tried to interfere in our domestic affairs in order to undermine these great elections. The result of their childish acts of interference in Iran’s internal affairs is that the Iranian nation and government will enter the global stage several times more powerful. What they did was very wrong, and some of our people were, unfortunately, hurt.”

20 people were killed in the aftermath of the disputed election results with over 100 people injured and thousands detained. Opposition leaders, including Mir Hussein Mousavi and former President Mohammed Khatami, have released a statement saying such a crackdown would not help his reputation amongst the people. Mousavi also has called on the EU to not recognize Ahmedinejad as a legitimate leader.

In his first public appearance in over a week, Mousavi’s comments suggested that the opposition will now be taking its fight off the streets and into the courtroom— and understandably so. Due to the large-scale crackdown and fear of the government’s seemingly indiscriminate arrests, protests numbered have begun dwindling.

Ahmedinejad continued to dismiss charges of election fraud, stating that, “the people who claimed there was fraud didn’t even have one document” to prove it, that “we have no expectations from

Iranian President Mahmoud Ahmedinejad gave a speech on state television on Tuesday insisting it due to the meddling of Western nations that violence broke out following the June 12th presidential election. “Our arrogant enemies tried to interfere in our domestic affairs in order to undermine these great elections. The result of their childish acts of interference in Iran’s internal affairs is that the Iranian nation and government will enter the global stage several times more powerful. What they did was very wrong, and some of our people were, unfortunately, hurt.”

20 people were killed in the aftermath of the disputed election results with over 100 people injured and thousands detained. Opposition leaders, including Mir Hussein Mousavi and former President Mohammed Khatami, have released a statement saying such a crackdown would not help his reputation amongst the people. Mousavi also has called on the EU to not recognize Ahmedinejad as a legitimate leader.

Ahmedinejad continued to dismiss charges of election fraud, stating that, “the people who claimed there was fraud didn’t even have one document” to prove it, that “we have no expectations from normal people, but we didn’t expect politicians to question this great epic.”

Samah Choudhury contributed to this post

Call Obama on Torture Day

Today, June 26, is the International Day in Support of Victims of Torture. In establishing the day in 1998, then UN Secretary-General Kofi Annan wrote, “Today the United Nations appeals to all governments and members of civil society to take action to defeat torture and torturers everywhere…This is a day in which we pay our respects to those who have endured the unimaginable.”

Murat Kurnaz is one such person who “endured the unimaginable.” The 19-year-old German resident was held for five years, without charge or trial, and tortured and abused. In his book “Five Years of My Life,” Kurnaz wrote:

“They prepared me for interrogations by putting electric shocks through my feet. For hours on end they would hang me up by my hands, which were bound behind my back in different positions and then a break, and then you would be hung up again. “

Who did this to him?  Egypt? China? Iran? Myanmar? No, the United States of America. The quote describes Kurnaz’s treatment by US personnel in Kandahar, Afghanistan.

Under the UN Convention Against Torture, the US government is obligated by law to investigate and prosecute torture, and to provide remedy to torture victims.

Yet Murat Kurnaz’s allegations of torture and abuse have never been properly investigated; those responsible for ordering and creating the US torture program have not been prosecuted; and the US government has claimed that victims of US torture have no right to remedy, or even an apology.

President Obama has said he wants to look forward, not back. President Obama has rejected an independent commission of inquiry into the US torture program. President Obama has left open loopholes for torture.

This is not acceptable. Not for Americans, not for foot soldiers who have taken the fall, not for the world, not for the rule of law, not for Murat Kurnaz or the hundreds or thousands of others who have been tortured by the US.

“Our national honor is stained by the indignity and inhumane treatment these men received from their captors…The only question that remains to be answered is whether those who ordered the use of torture will be held to account.”

– Major General Antonio Taguba, US Army (Ret.), in his Preface to “Broken Laws, Broken Lives,” by Physicians for Human Rights.

There is still hope that President Obama will change course: he will do what it takes to get re-elected, so if the American public stands up for accountability for torture, then he will too.

Stand up with us: join Amnesty International members across America in marking International Day in Support of Victims of Torture by calling the White House comment line right now and urging President Obama to investigate and prosecute torture, and provide remedy to victims. Click here for the number and script.