This week, on December 15, 2009, the Senate Judiciary Subcommittee on Human Rights and the Law held the first ever Congressional hearing on U.S. implementation of its human rights treaty obligations.  The hearing examined what the U.S. government is doing and should be doing more of, to fulfill its obligations to protect and promote human rights domestically and abroad.

Subcommittee Chair Durbin (D-IL), along with Senators Cardin (D-MD), Feingold (D-WI) and Franken (D-MN), expressed deep concern and commitment to ensuring that the U.S. continues to lead by example on the international stage, by prioritizing and addressing the numerous human rights issues that currently exist within the U.S., including issues around detention, child trafficking, Indigenous rights, and discrimination, to name just a few.
Amnesty International submitted written testimony for the hearing, which included expert testimony by key members of the administration as well as representatives of top domestic and international human rights organizations. A copy of this testimony is available if you are interested.

The Sri Lankan President said last Saturday that no members of the Sri Lankan military would be charged for any crimes during the recent war with the opposition Tamil Tigers.  Amnesty International has been calling for an international investigation into violations of human rights and international humanitarian law, including war crimes, committed by both sides during the fighting.  (For background on this topic, please see our Sri Lanka page.)  The Sri Lankan government promised the U.N. last May that it would address the need for accountability for past abuses during the war.  The Sri Lankan government should live up to its promises to the U.N. and should facilitate an independent, international investigation now.

Over the weekend, it was reported that Sri Lanka had cancelled the visa of James Elder, the United Nations Children’s Fund (UNICEF) spokesperson in Sri Lanka, for comments he had made earlier this year during the goverment’s war with the opposition Tamil Tigers.  Mr. Elder had regularly expressed concern about civilians caught in the conflict and more recently about issues such as malnutrition among children in the camps for displaced civilians.  UNICEF defended Mr. Elder’s earlier comments and said it was very concerned about the Sri Lankan government’s decision.  U.N. Secretary-General Ban Ki-moon issued a statement today through his spokesperson expressing regret for the government’s decision and saying that he would personally raise the issue with Sri Lankan President Mahinda Rajapaksa.  Yesterday, the Sri Lankan government said that it was reviewing its decision in Mr. Elder’s case.

Amnesty International has reported how freedom of expression has been under severe restriction in Sri Lanka.  I hope the Sri Lankan government reconsiders its decision in Mr. Elder’s case, so he doesn’t become one more example of the dangers of speaking out in Sri Lanka.

After witnessing the deaths of her father Fathi, her sister Ismat, and her brother Ala on January 14, Amira Alqerem has turned to the (ICC) seven months later in hopes of justice for her family. Her family was attacked in Gaza during which lasted 22 days this past January and resulted in the deaths of more than 1,300 Palestinians and three Israelis.

The AFP reported on Alqerem’s court filing:

“The three children were awoken by an explosion to find their father’s body, covered in blood, next to a crater near their house, the document claims. Ismat and Ala went off to seek help, but were killed in another explosion. Amira, who had stayed behind with her dead father, was hit in the right leg.”

Gilles Devers, an international lawyer from Lyon, is currently representing Alqerem. He believes the Israeli attacks were aimed at citizens and recently said, “This was a crime against humanity, that is why we brought it to the ICC.” He also reaffirmed the need for accountability, adding that “Israeli politicians and military leaders must be held responsible.”

Luis Moreno-Ocampo, the ICC Prosecutor, began a preliminary analysis in February of the alleged crimes committed by Israel during Operation Cast Lead. He has received many claims similar to that of Amira Alqerem and to date, has received complaints from over 360 individuals in addition to evidence of wrong-doing from other non-governmental bodies, the Palestinian Justice Minister Ali Kashan, and the Palestinian National Authority all pertaining to this most recent Israeli offensive.

Through her interpreter, Alqerem noted that she was doing this “for all the children of Gaza” and that “I want to do something to change the situation.”

Sana Javed contributed to this post.

You may not have been aware of it, but this past Wednesday, Aug. 19, was the first World Humanitarian Day.  August 19 was designated by the U.N. General Assembly last December as a day each year to honor aid workers around the world, especially those who have given their lives in the line of duty.

The UN website about the World Humanitarian Day noted that in Sri Lanka, 17 staff of the French aid agency Action contre la Faim (ACF) (Action Against Hunger) were killed in August 2006.  While the Sri Lankan government has blamed the opposition Tamil Tigers for the killings, a recent report by the Sri Lankan human rights group, University Teachers for Human Rights (Jaffna), provides evidence pointing to the security forces as the killers.  And Amnesty International’s report, “Twenty Years of Make-Believe:  Sri Lanka’s Commissions of Inquiry, details serious deficiencies of subsequent government investigations into the massacre.

It’s been more than 3 years, and still the killers of the 17 ACF staff have not been brought to justice.  One more example of the continuing impunity enjoyed by the Sri Lankan security forces.  I hope that by next year’s World Humanitarian Day, I won’t be able to make the same statement.

Yesterday, approximately 55 Arabs, including 14 children, were evicted from their houses in east Jerusalem neighborhood of Sheikh Jarrah after the Israeli Supreme Court ruled in favor of Jewish families that claimed ownerships of the property. Soon after the evictions, these families moved in under the protection of Jerusalem police.

However, the US, UN, and UK have all come out strongly against these evictions. “Unilateral actions taken by either party cannot prejudge the outcome of negotiations and will not be recognized by the international community,” the State Department said in a released statement. Chris Gunness, spokesman for the U.N. agency in charge of Palestinian refugees, said that the Arab families had been living there for more than 50 years.

Evictions, settlements, and the greater question of Jerusalem remain among the most contentious obstacles to a sustainable peace. Actions such as this are contrary to the provisions of the Geneva Conventions related to occupied territory.

Samah Choudhury contributed to this post

HONDURAS

Ousted Honduran President Manuel Zelaya attempted to return to Honduras for the second time on Friday, July 24, 2009.  After a brief moment in his home country, Zelaya retreated back into Nicaragua, setting up camp on Saturday to demand his return home and to power.

Since then, Zelaya has refrained from making another attempt to enter the country for fear of attacks against his supporters, as reported by the BBC.  Curfews remain in place in southern Honduras, while supporters of Mr. Zelaya have blocked main roads.

The Honduran armed forces endorsed the San José Accord, an agreement that was forged in Costa Rica between delegates representing President Zelaya and Roberto Micheletti, the leader of the de facto government.  According to the New York Times, the accord is supported by most governments in the hemisphere and it would allow the return of Mr. Zelaya as president with limited powers.

There are currently no further talks scheduled to take place between the de facto government and Zelaya.

Honduran President Manuel Zelaya was detained by Honduran military personnel and forced into exile at the end of June.  Several government ministers are also reported to have been detained.  Roberto Micheletti, Congress speaker, has been sworn in as “Interim President.”  Micheletti has imposed a curfew.

Recent reports also suggest that journalists who have published news stories on the crisis or covering the issue of protests and scores of detentions have been intimidated.  Prosecutors have also reported threats on account of their attempts to verify human rights abuses during protests.

Must Reads

• The Economist’s Why and How to Reinstate Zelaya
• Council on Foreign Relations’ Interview with Kevin Casas-Zamora, Senior Fellow of Foreign Policy, Latin America Initiative at the Brookings Institution

Overheard

“President Zelaya’s effort to reach the border is reckless.”  Hilary Clinton, U.S. Secretary of State, July 24, 2009.

“The United States should be helping me, not criticizing.”  Manuel Zelaya, Ousted Honduras President, July 25, 2009. 

SOMALIA

The worsening security situation in Somalia was exemplified by Al-Shabab raids on two UN compounds in Baidoa and Wajid last week, which severely hindered the UN’s humanitarian work in Somalia.  Al-Shabab has also threatened to shut down 3 UN operations in Somalia, accusing the UNDP, UNDSS, and UNPOS offices of working against Somali Muslims.  Ongoing fighting in Mogadishu has already led to the closure of many feeding centers throughout the city, putting pressure on already crowded IDP camps and straining the capacity of aid agencies all over Somalia.

Meanwhile, newly appointed Somali Security Minister Abdullahi Mohamed Ali vowed Friday to reform the security forces, telling Reuters by telephone that his “main priority is to gradually re-establish capable security forces that can defeat the terrorists.”

Must Reads

• Fund for Peace: Somailia (Failed State Index 2009)
• Amnesty International: Fatal Insecurity: Attacks on Aid Workers and Rights Defenders in Somalia
• Enough’s Strategy Paper: Beyond Piracy: Next Steps to Stabilize Somalia
• International Crisis Group’s Report: Somalia: To Move Beyond the Failed State

Overheard

“Such acts target the whole gamut of UN peace and humanitarian operations in Somalia.  The UN is providing life-saving support to people in need throughout Somalia, and will continue to do all it can to help the country emerge from decades of violence.”  Ban Ki-Moon, UN Secretary General, July 21, 2009.

“We again appeal to the warring parties in Somalia to respect basic international humanitarian and human rights principles and to guarantee the safety and security of the civilian population as well as for the humanitarian workers trying to help the victims.”  Ron Redmon, UNHCR Spokesperson, July 21, 2009.

Coming This Week

• July 27: Obama begins economic talks with Chinese leaders
• July 28: Ousted Honduran President Manuel Zelaya to arrive in Washington, DC for further discussions
• July 30: Senate hearing on US strategy on Sudan
• July 31: Renewal of UNAMID mandate
• July 27 -  July 31: George Mitchell, Dennis Ross, and Robert Gates in Jerusalem for talks regarding West Bank settlements

Juliette Rousselot and Jacki Mowery contributed to this post.

Human Rights Flashpoints is a weekly column about countries at risk of escalating human rights violations and is brought to you by AIUSA’s Crisis Prevention and Response team.

A group of Sri Lankan doctors currently in detention were produced by the Sri Lankan government before the media today in order to recant their prior reports of civilian deaths during the last stages of the war between the Sri Lankan military and the opposition Tamil Tigers.  I’d written about three of these doctors in an earlier entry on this blog, expressing concern that their arrest by the government shortly after leaving the war zone was in reprisal for their earlier reports.  The doctors had provided eyewitness accounts from the war zone detailing the extent of civilian suffering earlier this year.

Since January, an intense military offensive by the government gradually reconquered all the territory once held by the Tigers.  In mid-May, the government announced that it had defeated the Tigers and recaptured all their territory.  Trapped in the war zone with the Tigers had been thousands of civilians who were prevented by the Tigers from leaving; some civilians who did flee were shot by the Tigers as they did so.  The government forces repeatedly shelled the war zone, despite the heavy concentration of civilians in an increasingly shrinking area.  The government denied that it had caused any civilian casualties.  Since the government barred independent observers and the media from the war zone, the doctors’ reports were one of the few eyewitness accounts available as to what was actually happening in the war zone.

Despite U.N figures of more than 7,000 civilian deaths this year, the doctors today said only 650-750 civilians were killed this year.  Their estimate also happens to be far below the Sri Lankan government’s own estimate – a Sri Lankan government official last month estimated 3,000 – 5,000 civilians had been killed.

The Sri Lankan government had said, and the doctors today asserted, that their earlier reports from the war zone had been given under pressure from the Tigers who then controlled the area they were in.  Consider this:  the doctors have been in detention by the government since mid-May and have yet to be charged.  At today’s press conference, they expressed hope that they might now be released.

Also consider that last week, Sri Lankan President Rajapaksa had said in an interview with the Indian newspaper, The Hindu, when asked why the doctors couldn’t be released now, “I told them to organize a press conference.  Let the doctors come and say what they have to say.”  You might think that that would mean that the doctors have now done what the President wanted, so they’d now be released.  But note that in the same interview, Lalith Weeratunga, Secretary to President Rajapaksa, had said about the doctors, “If they go scot-free, it will set a very bad precedent.”

If the doctors had been under pressure earlier from the Tigers while the fighting was going on, have they since been under pressure from the government to “recant” their earlier reports?  AI said today that the doctors’ statements were “expected and predicted,” since we feared that their detention by the government was intended to produce exactly the result we saw today.

I’ll repeat the request I made in my earlier entry about the doctors:  please write to President Mahinda Rajapaksa (Presidential Secretariat, Colombo 1, Sri Lanka, email:  priu@presidentsoffice.lk) and to the Sri Lankan Ambassador to the U.S. Jaliya Wickramasuriya (email:  slembassy@slembassyusa.org).  Please ask that the doctors be released immediately from detention unless they’re promptly charged with a recognizable crime.  They should be given all the medical care they may need, especially Dr. Varatharajah, as well as access to their relatives and lawyers of their choice.  Thanks for your help.

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.

On May 26, the United Nations released a report by the Special Rapporteur on extrajudicial, summary or arbitrary executions, which highlights, among other things, some of the major flaws in the US judicial system related to the death penalty.  The report focuses particularly on the sates of Texas and Alabama, where the research of the Special Rapporteur was concentrated. 

The report rightfully notes that the current judicial system in those two states is significantly flawed as it leaves room for the wrongful conviction and execution of innocent people, something that was confirmed even by interviews with public officials.  In that respect, the author provides a detailed review of the judicial failings related to the death penalty.  He notes that there are legal limitations preventing inmates from access to DNA tests once they have already been convicted.  In addition, the defense attorneys appointed to death penalty cases often receive compensation far lower than what is necessary to construct an adequate defense.  Appointed counsel also frequently have continuing professional relationships with the judges before whom they appear, which can be the source of “structural disincentives for vigorous capital defense.”  The access of defendants to federal habeas corpus proceedings, the report asserts, is also too limited. 

At the same time, finality in death penalty cases is often granted undue emphasis at the expense of a careful examination of the potential evidence related to innocence claims.  The author notes that in Alabama, “officials would rather deny (the execution of innocent people) than confront criminal justice system flaws.” Unfortunately, this is true not only in Alabama, as has become evident in the case of Troy Davis, who may soon face his fourth execution date in two years, despite the fact that the case against him was build predominantly on the testimony of nine witnesses, seven of whom have recanted their statements (and have alleged that they were coerced by authorities) since the time of Troy’s conviction.  However, despite opposition from human rights activists across the world, Troy has remained on death row for 18 years and has not yet received a hearing on the details of his case that have emerged since the time of his conviction.  Moreover, the failure of the judicial system to hear the evidence in support of Troy’s innocence means that the person truly responsible for the murder of which Troy was convicted, has not yet faced any legal consequences for his action.  This danger was also highlighted in the UN report, according to which “wrongful convictions mean that true criminals remain at large.” 

The UN report also points to the drawbacks in the electoral system for appointing judges in Texas and Alabama, which highly politicizes death penalty cases.  In fact, the author cites statistics suggesting that the likelihood of a death penalty sentence is directly correlated with the imminence of judicial elections or with the lobbying efforts of groups that are supporters of capital punishment.  He also pinpoints the particular problems with judicial elections in Alabama, where jury decisions can be overruled by elected judges, and where nine out of ten cases in which a judge overrode a jury decision resulted in a death sentence.  Finally, the report uncovers the existence of racial bias behind the imposition of the death penalty across the country, something that is confirmed by the research of Amnesty International USA.