Posts Tagged human rights

Freedom from torture: a right for all

Abu Qatada case shows how principles of human rights and freedom from torture extend to all – even the despised

The British press have been quite excitable in their coverage of Abu Qatada’s deportation case recently.

The 51-year-old preacher has been excused of providing religious backing to terrorism, including the September 11 attacks on the U.S.; others allege he has been closely connected with the Al Qaeda terror network.

He has lived in the UK since 1993, when he entered on a fraudulent passport. And many seem to want him out.

As such, for the last 10 years, the British government has been trying to deport Qatada to Jordan, where he stands accused in military trials of assisting in terrorism attacks.

The European Court of Human Rights has ruled that Qatada cannot be deported to Jordan because of the risk he may be tortured and that evidence from torture may be used in his trial there.

And while many British newspapers have focused on the issue of torture – and many more on the millions of pounds it has cost the UK to monitor, detain, and process Qatada – the principles of ‘non-refoulement’ at the basis of the Courts decision remain hazy amidst the outcry.

Non-refoulement is proscribed in the UN Convention against Torture – which both the UK and Jordan have ratified.   Basically, it means that a country may not deport a person to a country: where there are substantial grounds for believing that he would be in danger of being subjected to torture.

While the Prince of Jordan has made public assertions that it is “illogical” to believe Qatada would be tortured if deported to Jordan, the European Court is not of the same opinion.

Atlas of Torture, a project of the Ludwig Boltzmann Institute of Human Rights in Vienna, provides profiles of countries human rights and torture records based on reports from UN Special Rapporteurs, the UN Committee against Torture, and the Sub-committee for the Prevention of Torture. Of Jordan, they state that: “It was alleged that torture was commonly practised to extract confessions or to obtain intelligence between the time of arrest and transfer to pre-trial detention… The Special Rapporteur thus concluded that the practice of torture was widespread in Jordan and that torture was routinely used…”

To circumvent its obligations as regards non-refoulment, the UK Home Office has sought assurances from Jordan that Qatada will not be tortured, a naïve undertaking at best. Some members of parliament have gone so far as to suggest that the UK should simply temporarily withdraw from the human rights treaty to thus continue with the deportation.

These are all outrageous suggestions. The UK has deported Tamils and Congolese to their home countries when there was evidence they would be tortured, when nearly at the same moment, during the announcement of the Detainee Inquiry, Prime Minister David Cameron stated, “Our reputation as a country that believes in human rights, fairness and the rule of law – indeed for much of what the services exist to protect – risks being tarnished.”

The rule of law, the UN Convention against Torture, is not something one can simply ignore – or withdraw from – temporarily.

  Tessa is communications assistant at the IRCT

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Conference to enhance the use of forensic evidence to expose torture

Today is the first day of our conference in Washington, D.C. on  the use of forensic evidence in the fight against torture. Speakers will include current UN Special Rapporteur on Torture Juan Mendez; Claudio Grossman, the chair of the UN Committee against Torture; and other legal and medical experts on torture and documentation from around the world.

To follow the conference, you can watch the webcast from our partners the American University Washington College of Law (Wednesday and Thursday) or follow us on Twitter, where we will use the event hashtag #ExposeTorture.

Here is the full agenda of the event.

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After the cloud of tear gas

Focus on Bahrain needed to prevent more human rights violations

Today, as the protesters have made their way from the suburbs of Manama, Bahrain, undoubtedly heading to Pearl roundabout, the security forces quickly made it known – through their sheer presence, the eventual dispersal of tear gas – that they would try to stem the tide of demonstrators at the infamous site. And in the days leading up, the government has continued crackdown and suppression efforts, denying foreigners and foreign press access to Bahrain and hiring public relations firms.

Today marks a year since protesters gathered at Pearl roundabout in Manama, demonstrating against the undemocratic monarchy of Bahrain and calling for reform. Yet, unlike other Arab Spring movements, Bahrain’s demonstrators have often been ‘shouting in the dark’, to employ the title of an Al Jazeera English documentary that chronicled the protests and the resulting crackdown.

Instead of democratic reforms, Bahrainis have faced severe repression, torture, and arbitrary detention. Just last week, Bahrain and Danish citizen and human rights defender Abdulhadi Al-Khawaja wrote a letter to the Danish Foreign Ministry from prison calling for them to push for his release:

Abdulhadi Al-Khawaja’s letter to the Danish Minister of Foreign Affairs from prison, 8 Feb 2012http://www.scribd.com/embeds/81440913/content?start_page=1&view_mode=list

In it, he points to an official 500-page government inquiry in Bahrain that documented cases of torture. In addition, there was the highly publicized cases of over a dozen doctors, surgeons, and nurses at a Manama hospital who were sentenced to several years in prison after being tortured to confess. Their alleged ‘crime’: Doing their job as doctors and treating the wounded and dying protesters coming from Pearl roundabout after security forces cracked down.

All these cases, and yet it seems the torture continues in Bahrain. Within the last year, demonstrators have continued to take to the streets; and many are apprehended, detained, and torture by security forces. We hope on this anniversary that the international world focuses on Bahrain.

“What Bahrainis need is international pressure, international attention to stop the torture, stop the human rights violations; then, we can fight for democracy ourselves,” said Maryam Al-Khawaja, daugher of Abdulhadi and current foreign affairs officer from the Bahrain Centre for Human Rights, during a panel discussion last year.

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In Haiti – and U.S. – impunity must end

Jean-Claude 'Baby Doc' Duvalier was president of Haiti from 1971-1986, during which thousands of Haitians were brutally tortured, killed, or 'disappeared' during his 15-year regime. Photo under Creative Commons license, by a-birdie.

“Moving forward” and “learning lessons” cannot be done without holding perpetrators of torture to account

After 25 years in exile, Jean-Claude “Baby Doc” Duvalier, the former ‘president for life’ responsible for the deaths of over 30,000 Haitians, returned to his country and was promptly put on trial.

However, much to the likely devastation of the survivors of his torturous regime and the families of victims killed during his term, he has only been charged with corruption and embezzlement. There are to be no charges for the torture, extrajudicial killings, and ‘disappearances’ that the victims of his crimes deserve to see him held accountable for.

And both expectantly and deservedly, the condemnations of the Haitian decision have come flooding in. From the Washington Post Editorial Board to the UN High Commission for Human Rights, the magistrate responsible for the decision has been unanimously vilified for allowing Duvalier impunity for his most heinous crimes and human rights violations. I agree that Duvalier should be held accountable and that this recent decision was rightfully worthy of condemnation.

However, a common from Haiti’s current president caught my attention: Asked about the Duvalier case, President Martelly told The Washington Post: “It is part of the past. We need to learn our lessons and move forward.”

President Martelly’s language is markedly similar to another leader a little to the north of the island nation. The current U.S. administration has refused to pursue an investigation or charges against top Bush Administration officials for allegations of torture committed during the so-called ‘war on terror’, with Obama saying in a statement that it is a “time for reflection, not retribution”. These crimes too have been swept under the carpet, despite international obligations to properly investigate and hold perpetrators to account.

Yet both Duvalier and U.S. government officials need to be held to account for their crimes. Sweeping the responsibility for these crimes under the rug not only fails the state’s obligations to the survivors and victims’ families; it perpetuates a cycle of impunity, and gives a free rein for torturers to continue.

  Tessa is a communications assistant at the IRCT.

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Global crime: The horror of child torture

A Google search on “child torture” today, the 31st of January 2012 yields headlines like these: Children tortured, killed during Syrian regime’s crackdown: UN; UN: ‘Numerous’ reports of child torture by Syria; UN: Syrian forces killed, tortured 256 children.

Torture of children is not a “new” thing, but a thing that rarely surfaces in such a clear form as in the news on Syria. The situation in Syria has attracted the attention of high-level segments in the international community – with good reason. Syria is in the hot spot, so hot that headlines have (finally) placed the words “children and torture” in the same sentence. In the world of international politics and policies, this connection is not a common sight – especially in headlines.

One of the aims of the IRCT’s ongoing project on children is to bring more attention to the fact that children are being tortured, and headlines like those on Syria make one want to grasp the opportunity to raise the issue: torture of children is not only happening in Syria but in many places of the world. Everyday. It needs to be said loud and clear and more and more. If not, I worry that we will not be able to address it for what it is.

This is not to say that no-one is saying anything about children being tortured – data on the torture of children exists (all PDFs). However, it is often drowned in a wider discourse on violence against children in which distinctions between child abuse and child torture are blurred. All violence against children is inexcusable and horrific, no doubt about that, but we need to call it what it is in order to better fight it. Violence against children in detention, care and justice institutions, and police lock-ups amounts to torture because these institutions are run by public authorities.

The controversy of placing the words children and torture in the same sentence makes the issue a delicate and difficult one to address – this also makes it difficult to fundraise for. It is alarming to say that children are being tortured. The uneven balance of power that exists between a torturer and the tortured becomes incomprehensible when imagining that the tortured is a child.

Children are in a developmental stage of their lives and have yet to develop the coping skills of adults. The threshold of pain and suffering in particular makes this horrific act, when committed against a child, all the more chilling. It is commonly held that the special vulnerability of children renders them more susceptible to the physical and psychological effects of torture. Younger children, in particular, have a lower threshold of pain; and physical or mental abuse may have a much more profound impact on the body and mind of a developing child than on an adult.

The deployment of a Special Representative on Violence Against Children in 2009 has generated new and needed attention to the scope of violence committed against children in the world of today. This said, a review of NGO reports to the Committee on the Rights of the Child concluded that the availability of information from NGOs on violence against children is “uneven“. There is need to improve the reporting of this crime. And it needs to happen now.

Children are also fighters and survivors – and children who have been tortured can overcome the horrors, if they receive proper and timely treatment. The main objectives of IRCT’s project on children and torture is to raise awareness of the fact we need to improve documentation on cases of child torture and to develop child-appropriate rehabilitation for child survivors of torture. Not least we need to prevent it from happening. In order to do this, we first need to recognize the awful truth: that it exists and is widespread.

  Line, a sociologist specialising in human rights, implements the research project on children and torture in Asia.

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(Not) “Only incompetent investigation officers believe in torture”

While the HRW reports a disastrous year for human rights in Pakistan, positive signals are arriving from Punjab. The province’s police have been instructed to stop torturing suspects in custody after the Senate Functional Committee on Human Rights took note of media reports of an ‘increasing trend of police torture’ in the province. Read the news here.

We welcome the news that the committee seem to have convinced the police to revise their investigation methods and concentrate on collecting physical evidence using forensic techniques rather than coercing suspects into making confessions. It also called for improvements in the recruitment and training of police and other law enforcement personnel.

According to the committee “Only incompetent investigation officers believe in torture”. Yet sadly, it’s not just incompetent police officers who torture. Despite being a gross violation of human rights, which has many times been proved inefficient, many prison officers and detention staff, military personnel, paramilitary forces, state-controlled contra-guerilla forces, and even some health and legal professionals still believe in it. Read more about who the perpetrators of torture are.

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Seeking justice

Take courage friends; the road is often long, the path is never clear, and the stakes are very high. But deep down, you are not alone.

Watch this video featuring a TED Talk from Karen Tse, a human rights lawyer from a fellow anti-torture organisation International Bridges to Justice.

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2011 – We look back at a year of human rights

Happy New Year, to all our readers from World Without Torture.

As we look to start 2012, we would like to take a moment to look back at 2011 – the events, revolutions, human rights defenders, and victorious moments that shaped us and will undoubtedly shape this upcoming year.

Note: These are in no particular order. Click any photo for slideshow view.

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In Bahrain, Protests and Police Action

Nicholas Kristof, a columnist at the New York Times, reports in this video from Bahrain, where he speaks with human rights defenders Nabeel RajabZainab al-Khawaja, and a state spokesman from the royal family.

Read our previous post on Bahrain here, featuring a discussion with Zainab’s sister, Maryam and Nabeel in Copenhagen.

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Facing a history of torture

Brita Sydhoff, IRCT Secretary-General, receives the Emilio Mignone Prize, a human rights award, on behalf of the 140 member network of rehabilitation centres around the world. Sydhoff (second from left) stands with (from left to right) Isabel Mignone, Argentine Minister of Foreign Affairs Héctor Timerman, and Mignone colleague, human rights activist and writer Horacio Verbitsky. Photo by Josefina Nacif Casado

Looking at the massive memorial Parque de la Memoria – Monumento a las Víctimas del Terrorismo de Estado, I noticed a familiar name etched in the dark grey stone. It was the name of a young man from Sweden– my home country – the son of a vicar my father knew who was in Argentina during the junta period and was also among the ‘disappeared’. I remembered the horrific disappearance from the Swedish newspapers at the time.

The memorial stands starkly in a park, facing the waters of Río de la Plata, where many of the victims of the regime are believed to have been killed. Estimates range from 12,000 to 30,000 disappeared – the victims who were taken by military police and never seen or heard from again.  The memorial holds the names of 8,000 men, women, and children with space for up to 30,000 names in total upon the certification of further deaths.

I was in Argentina for about a week to receive the Emilio Mignone Human Rights Award on behalf of the IRCT and the 150 centres that comprise our membership and provide rehabilitation and support for victims of torture worldwide. Bestowed by the Argentine Ministry of Foreign Affairs, part of the prize is to visit with government, civil society, and human rights organisations  in Argentina in the week leading up to the award ceremony.

The Parque de la Memoria was among numerous visits to places of memory that filled me with both solemnity and humbleness. The torture and disappearances that took place during the military regime had left deep scars in Argentina and the people here; but places like the Parque and the living museum at the Naval Engineering College– more commonly known as the torture centre at ESMA – were testament to a country facing its past.

My first stop was to our member centre, the vastly impressive EATIP (in English, the Argentine Team of Psychosocial Work and Research). The group of psychologists, psychiatrists, medical doctors, among others – an entirely volunteer group – provides much-needed work in documentation of torture, support to victims and witnesses during trials, and, most significantly, their specialisation in psycho-social rehabilitation and support for survivors of torture and the families of victims. They have just finished a book, the most recent of several they have published, which will be translated into English as part of the IRCT project to collaborate and share knowledge across regions.

At their offices, I was introduced to a survivor of torture. Now an active member of an organisation documenting torture, he had spent two and a half horrendous years in the torture centre ESMA.

He was among only 400 estimated survivors of ESMA, the former naval engineering school where 5,000 people were tortured during the junta. I visited there during this week as it has now become a place of memory of its past horrors.

I was taken to Building 23, where many of the officials at ESMA lived. In the basement was a torture apparatus and centre; in the attic were so-called ‘dog houses’, 1 meter by 1 meter boxes where victims were hooded and detained. Many victims were sedated at ESMA only to be flown over the river and pushed out of airplanes. The complex also had a maternity ward, where pregnant detained women gave birth before they were killed. Many of these stolen babies were given to military families, raised without knowledge of their origins, and only now a few are being reunited with their aging grandparents.

It’s undoubtedly a shocking place. But now has become a place of education, part of a memorial to the victims of torture, disappearance, secret detention, and murder. Nothing, of course, can ease the pain and suffering of these crimes, but it seems that Argentina, through living museums like ESMA and places of memory has begun to address its past.

This was never more keenly felt than at the awards ceremony and my time spent with the family of Emilio Mignone. As I learned during my time there, Mignone was a fearless and unceasing advocate of human rights. Together with Horacio Verbitsky, the famous writer and activist, they founded the impressive organisation CELS (in Spanish, Centro de Estudios Legales Y Sociales). I was privileged to meet with the Mignone family, and Isabel Mignone was present at the award ceremony, in addition to the Minister of Foreign Affairs Héctor Timerman, and Mr. Verbitsky. Emilio Mignone’s legacy is so much alive through the work that continues at CELS and the award that bears his name.

However, as I write this, torture continues in Argentina. Many of the organisations and government officials I met with during my week stay discussed the ongoing cases that continue to be filed. While there have been many good intentions – for example, the country has taken seriously the dissemination of reparations to survivors and victims’ families – many have failed to adequately address conditions of detention, reform of the police or continued impunity. One organisation summed it up as, “The slow implementation of good intentions” to tackle continuing torture in Argentina. And sadly, “torture still goes on,” another told me.

Thankfully, organisations like IRCT member EATIP are still there to care for the survivors and to push forward the movement against torture.

 By Brita, IRCT’s Secretary-General

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