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From: Paul Kneisel <[EMAIL PROTECTED]>
Subject: TINAF (#631): Reports By Amnesty International On Current Hysteria
Dear Friends,
Below is a special issue devoted to problems developing for the Bush
government in the current hysteria.
One of our principles is to never permit fascists to get away with
anything. Since they delayed roughly eight issues of the journal we will
respond by publishing eight additional special issues.
This is the third.
__________________________________________________________________________
The Internet Anti-Fascist: Sunday, 16 December 2001
Vol. 5, Number 103 (#631)
Special: Reports By Amnesty International On the Current Hysteria
__________________________________________________________________________
Web Site of Interest:
01) Amnesty International on September 11
News Releases By Amnesty International On the Present Hysteria
02) Amnesty International, "Presidential order on military tribunals
threatens fundamental principles of justice ," 15 Nov 01
03) Amnesty International, "A shadow criminal justice system is
unacceptable," 16 Nov 01
04) Amnesty International, "Afghanistan: A human rights agenda for the
future," 23 Nov 01
05) Amnesty International, "Afghanistan - only a human rights solution
will last," 26 Nov 01
06) Amnesty International, "Afghanistan: Amnesty International calls for
urgent inquiry into violence in Qala-i-Jhangi," 27 Nov 01
07) Amnesty International, "Afghanistan: Mazar-i-Sharif inquiry latest,"
29 Nov 01
08) Amnesty International, "Afghanistan: Amnesty International dismayed
at UK rejection of inquiry," 30 Nov 01
09) Amnesty International, "Afghanistan: Inquiry into Qala-i-Jhangi fort
killings must not be swept under the carpet," 5 Dec 01
10) Amnesty International, "Afghanistan: Video footage strengthens the
case for an urgent inquiry," 7 Dec 01
11) Amnesty International, "Afghanistan: Clean surrender needed," 11 Dec
01
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WEB SITE OF INTEREST:
01) Amnesty International on September 11
Visit Amnesty International's electronic press kit on 11 September crisis:
<http://web.amnesty.org/11september.htm>
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NEWS RELEASES BY AMNESTY INTERNATIONAL ON THE CURRENT HYSTERIA
02) Presidential order on military tribunals threatens fundamental
principles of justice
15 Nov 01
Amnesty International is deeply troubled by the Military Order signed by
President George W. Bush on 13 November allowing for the trial by special
military commissions of non-US citizens suspected of involvement in
"international terrorism."
Since the attacks in the USA on 11 September, Amnesty International has
been calling for anyone suspected of involvement in these crimes to be
brought to justice in accordance with international standards for a fair
trial. This sweeping presidential order bypasses those fundamental
principles, in contravention of US obligations under international law,
specifically the International Covenant on Civil and Political Rights,
ratified by the USA in 1992. As such it is unacceptable and should be
revoked.
Amnesty International is particularly concerned that the Military Order:
- is discriminatory by affording foreign nationals a lower standard of
justice than US nationals;
- gives unfettered and unchallengeable discretionary power to the executive
to decide whom will be prosecuted and under what rules, as well as to
review convictions and sentences. This is inconsistent with the principle
of the separation of the executive and the judiciary;
- expressly bypasses the normal principles of law and rules of evidence
applied in the trials of people charged with criminal offences in the US
courts;
- provides no right of appeal against conviction or sentence to a higher
court, or access to redress for any human rights violations that may occur
during arrest, detention or prosecution;
Amnesty International believes that the Military Order creates a parallel
system which violates fundamental principles of justice in any
circumstances, including in times of war. For example, the 1949 Geneva
Conventions, ratified by the USA in 1955, require that prisoners of war
must be tried in courts which guarantee fundamental rights of fairness,
including the right of appeal.
Amnesty International is particularly alarmed that the death penalty may be
imposed by such a tribunal. International standards require that the legal
process in any capital proceedings provide "all possible safeguards" to
ensure a fair trial, including the right to appeal.
The Military Order creates the risk that people may be executed after a
trial conducted by a court whose decision cannot be appealed but only
reviewed by the executive who selected the individual for prosecution in
the first place.
Amnesty International believes that the Military Order threatens to
severely undermine, rather than reinforce, confidence in the administration
of justice and maintenance of the rule of law. The organization considers
that in proceedings undertaken pursuant to this order, justice will neither
be done, nor seen to be done.
Times of crisis pose particular challenges to governments. It is precisely
in such times that the principles of fair justice must be scrupulously
upheld. The suffering of the victims of the attacks of 11 September, their
families, and the public at large, deserves no less.
- - - - -
03) A shadow criminal justice system is unacceptable
16 Nov 01
"The government's proposal to imprison people without charge or trial is
draconian and should be dropped immediately," Amnesty International said
today in a new report ahead of Monday's debate in the House of Commons.
"The proposed 'emergency' legislation, which allows for indefinite
detention without charge or trial, will create a shadow criminal justice
system without the safeguards of the formal system. Anyone deemed to be 'an
international terrorist and threat to national security' could be
imprisoned on the basis of evidence inadmissible in a trial, and on a
significantly lower standard of proof than is applied in criminal trials.
Innocent people would be at risk of violations of their human rights."
"While national security may be a top priority, measures should be taken
which do not infringe human rights. Consistent with these principles, UK
laws should be tightened where necessary in order to allow the prosecution
and trials of people suspected of human rights abuses."
Whether there is a public emergency in the UK threatening the life of the
nation is an open question. When the Secretary of State announced the
proposal for the legislation in October, he said that "(t)here is no
immediate intelligence pointing to a specific threat to the United
Kingdom...".
It is a violation of fundamental human rights to detain people on grounds
of national security, who the authorities do not intend to prosecute and
who cannot be deported. Anyone so detained should be charged promptly with
a recognizable criminal offence and tried within a reasonable period.
Amnesty International is concerned about the government's proposal that
people will be categorized as a "national security risk and international
terrorist" on the basis of the Secretary of State's beliefs or suspicions.
The criteria for such beliefs or suspicions are not given in the Bill and
the basis for the beliefs and suspicions will be secret. Anyone so
categorized will then have their case heard in a closed hearing, some of
which may take place in the absence of the person concerned and without
full disclosure of the evidence to them. Everyone should have the right to
defend themselves against serious allegations in a court of law in full and
fair proceedings.
Under the Bill, asylum-seekers, who have been labelled as 'suspected
international terrorists', will be denied an individual assessment on the
merits of their claim. Amnesty International believes no one should be
forcibly removed without their individual need for protection assessed in a
full and satisfactory procedure.
Amnesty International is also concerned about the UK's derogation from
Article 5(1) of the European Convention on Human Rights. The organization
is not aware of any other European government contemplating derogation from
its international human rights treaty obligations in the wake of the
September 11 attacks.
Background
The government published the "Anti-terrorism, Crime and Security Bill" on
13 November 2001 and hopes to enact it by the end of the year.
UK emergency legislation has been of grave concern to Amnesty International
since the 1980s. The organization has documented throughout the years how
provisions of such temporary legislation facilitated serious abuse of human
rights, including torture and unfair trials.
- - - - -
04) Afghanistan: A human rights agenda for the future
23 Nov 01
Human rights must be at the core of any discussion on the future of
Afghanistan, Amnesty International said today ahead of the Bonn meeting.
A political settlement must be based on broad consultation and
participation by the widest possible cross section of Afghan society.
"At this critical moment the human rights of the Afghan people must come
first. Those entrusted with leadership must be persons of integrity
committed to the human rights protection of all," the organization said.
"While Amnesty International appreciates the need for national
reconciliation after years of war and repression, any future political
agreement must not allow for impunity for those who have abused human
rights in the past. Avoiding the truth about a country's past and ignoring
accountability will not achieve peace."
As a contribution to the ongoing debate on the future of Afghanistan,
Amnesty International has made several recommendations in a recent report.
They include the following:
-- Any political settlement should contain explicit guarantees from the
parties on the immediate ending of serious abuses, including extrajudicial
killings, torture and arbitrary detention. Specific protection should be
sought against retaliation and discrimination against ethnic and religious
groups.
-- Human rights monitors should be deployed throughout Afghanistan as soon
as possible to assist in ensuring protection of human rights during peace-
making, in the immediate post-conflict phase as well as during the phase of
institutional reform. The monitors should include experts on women's
rights.
-- Disarmament and demining should be included as important components of a
political settlement, and should be adequately resourced and supported by
the international community. Foreign governments should restrict arms
supplies to Afghanistan.
-- Women and ethnic and religious groups must not be
discriminated against in the creation of government and
institutions, and their meaningful participation must be assured.
-- The international community should support a vigorous program
of human rights institution-building.
-- An expert commission should be set up to examine and advise on
how to bring perpetrators to justice and ensure that all future
institutions, including the judiciary and law enforcement
agencies, are established to promote and protect human rights.
- - - - -
05) Afghanistan - only a human rights solution will last
26 Nov 01
Amazing images of both fear and hope have been coming out of Afghanistan
since the taking of Kabul by the United Front. The beaten and bloody
executed bodies of Pakistanis and Arabs, a female newsreader happy to be
back at work, and perhaps the most poignant - a nine-year-old Hazara child
soldier intent on defeating the Taliban.
It is in this new context of fear and hope that everyone is talking about
the future of Afghanistan. After a failed peace process ten years ago the
world turned its back on Afghanistan. This time round the country must not
be left in the dust again. The international efforts to strike a peace deal
indicate that states realise that it is in their long term interest to
ensure political stability in Afghanistan. But we must not leave the
negotiation only at the level of power-sharing.
The focus of this discussion must be on the human rights of the people of
Afghanistan. Human rights protection is not romantic idealism but hard-
nosed pragmatism -- it is the key to the future. If human rights are not
put at the centre of the political negotiations, the cycle of violence is
likely to continue.
First and foremost there needs to be immediate protection on the ground.
The UN must be given the mandate to monitor human rights violations.
Human rights monitoring would go some way in verifying the reports of
breaches of international humanitarian law. Impartial reporting would also
build the people's confidence in the process towards peace and send a
message to all parties to the conflict that they are being watched.
Arms transfers from foreign governments urgently need to be restricted.
For years foreign governments have fuelled human rights abuses through
prolific arms transfers. Those governments have a responsibility to ensure
that any transfer of arms and military assistance is not being used to
commit human rights abuses. Disarmament and demining should be included in
the political settlement and should be adequately resourced by the
international community.
The second issue is who will form the transitional government. It must not
involve human rights abusers. Such short-sightedness will lead to problems
further down the track. Those responsible for past abuses need to be held
accountable. Individuals known to have ordered massacres and torture cannot
be trusted to lead a country.
Ignoring a past history of human rights violations for reasons of political
expediency has a poor track record. From Cambodia to Sierra Leone, Angola
to Chile, the legacy of grave human rights violations have hampered the
peace process, and affected whole communities - even decades after the
violations occurred.
The need for national reconciliation in societies which have experienced
war and repression is paramount, but condoning impunity as part of a
political settlement today will not lead to stability in the long run.
Thirdly, those who are negotiating for a political settlement should insist
on human rights guarantees from the Afghan parties. These guarantees should
not be paper guarantees. They should be backed in the immediate term by
monitoring, and in the longer term by effective institutions of criminal
justice, based on human rights and the rule of law.
Finally, there is talk of a "broad-based, multi-ethnic government". This
talk must become the reality, and it must include to women.
Throughout the 23 years of conflict, women have suffered immeasurably. In
the 1970s, women played an important role in Afghan society, particularly
in medicine and education. This history provides a valuable foundation for
the meaningful participation of women in the rebuilding of the country
today.
There are no quick fixes for peace and stability in Afghanistan. Peace
building is a long-haul exercise that requires the commitment of the
international community and most of all, the Afghan people. One thing must
be clear from the outset - that human rights should not just be on the
agenda, human rights must become the agenda.
- - - - -
06) Afghanistan: Amnesty International calls for urgent inquiry into
violence in Qala-i-Jhangi
27 Nov 01
Following news reports of hundreds of killings during clashes within the
Qala-i-Jhangi, a fort on the outskirts of Mazar-i-Sharif, Amnesty
International is calling on the United Front, the United States and the
United Kingdom to investigate these events.
After negotiating a surrender, hundreds of foreign troops fighting with the
Taliban were escorted from Kunduz to the fort by the United Front last
weekend. The circumstances surrounding the fighting that followed are
still not clear, although initial reports indicate that some prisoners
overpowered guards and seized firearms. British and US special forces are
reported to have been involved in the fighting, including by directing US
air strikes.
An urgent inquiry should look into what triggered this violent incident,
including any shortcomings in the holding and processing of the prisoners,
and into the proportionality of the response by United Front, US and UK
forces. It should make urgent recommendations to ensure that other
instances of surrender and holding of prisoners do not lead to similar
disorders and loss of life, and that the key role of the International
Committee of the Red Cross (ICRC) in overseeing the processing and
treatment of prisoners is facilitated. The outcome of this inquiry, and any
disciplinary or other measures that may be taken against anyone found
responsible for wrongdoing, should be made public.
- - - - -
07) Afghanistan: Mazar-i-Sharif inquiry latest
29 Nov 01
Following reports that Amnesty International has been invited, by the
United Front, to investigate the killings of hundreds of prisoners and
others within Qala-i-Jhangi, a fort on the outskirts of Mazar-i-Sharif,
the organization has said that it is ready to consider sending an observer
to monitor an inquiry and to suggest forensic and other experts for it.
However, Amnesty International reiterated that the primary responsibility
for such an inquiry and for ensuring that it is fair, thorough and in line
with international standards, lies with those who had custody of the
prisoners and were directly involved in this incident -- the United Front,
the United States and the United Kingdom. The organization also called for
the results of an inquiry to be made public.
Amnesty International urges that immediate measures are taken to preserve
evidence. Also, the fate of any surviving prisoners must be clarified and
their safety protected, including prisoners detained in other locations.
Amnesty International reiterates its call for international human rights
monitors to be deployed throughout Afghanistan as soon as possible.
- - - - -
08) Amnesty International dismayed at UK rejection of inquiry
30 Nov 01
Amnesty International is dismayed about the rejection by the United Kingdom
to setting up an inquiry into the deaths of prisoners and others in Qala-i-
Jhangi.
"The rejection of an inquiry by the United Kingdom into what is apparently
the single most bloody incident of the war, during which serious abuses of
international human rights and humanitarian law may have been committed,
raises questions about their commitment to the rule of law," Amnesty
International said.
"It gives cause for concern regarding the fate of other current and future
prisoners in Afghanistan. If abuses have been committed, denying an
inquiry would give a green light to further abuses and perpetuate the
culture of impunity already inflicted on Afghanistan."
Amnesty International has led calls for an inquiry into the deaths in Qala-
i-Jhangi, specifically into what triggered this violent incident, including
any shortcomings in the holding and processing of the prisoners, and into
the proportionality of the response by United Front, US and UK forces.
"What can there be to fear from an inquiry except the truth and a clear
message that impunity will not be tolerated. The history of Afghanistan is
riddled with the abuse of human rights and there can be no sustainable
peace in the country if impunity for past and current abuses is allowed."
If the forces who were directly involved in this incident are not willing
to conduct an inquiry, an international inquiry involving the United
Nations should be considered.
Amnesty International reiterates its call for the deployment of
international human rights monitors across the country as soon as possible,
and for an expert commission to be established without delay to look into
mechanisms for bringing to justice perpetrators of current and past serious
human rights abuses in Afghanistan.
For the latest information on the the 11 September Crisis visit:
http://web.amnesty.org/11september.htm
- - - - -
09) Inquiry into Qala-i-Jhangi fort killings must not be swept under the
carpet
5 Dec 01
Amnesty International today reiterated its call for an urgent inquiry into
the large-scale killing of captured Taleban fighters and others at a fort
on the outskirts of Mazar-i Sharif. It urged the US and UK to consider
requesting a preliminery investigation by either the United Nations or the
International Fact-Finding Commission.
"The events at the Qala-i-Jhanghi fort must not simply be brushed under
the carpet, like so many other killings before them," Amnesty International
said.
In letters to the US, UK and the United Front (Northern Alliance), the
organization pointed to UN Security Council resolution 1378 which
specifically calls on all Afghan forces to adhere strictly to their
obligations under human rights and international humanitarian law. As it
appears that this provision may have been breached, Amnesty International
is calling on the US and UK, as members of the Security Council, to request
a UN investigation, which should involve relevant human rights and
technical experts, including the UN Special Rapporteur for human rights in
Afghanistan.
Another option is for the US, UK and the United Front to call on the
services of the International Fact-Finding Commission, established under
the Article 90 of Protocol I, Additional to the 1949 Geneva Conventions to
assist in investigating allegations of violations of the laws of war. This
Commission, which is composed of 15 independent experts from around the
world, would be willing to consider any request for such an inquiry.
"This inquiry is needed to break with the past, and prove that for the
first time in decades, human rights and accountability are being taken
seriously in Afghanistan."
"The means to conduct this inquiry are in place; it will not be an easy
task, but is achievable with political will. A future for the Afghan
people based on respect for human rights will only be realised if those
with power and influence take responsibility and instigate this inquiry."
Background The International Fact-Finding Commission was established under
Article 90 of Protocol I, Additional to the 1949 Geneva Conventions. This
Commission is composed of "fifteen members of high moral standing and
acknowledged impartiality" and is competent to "enquire into any facts
alleged to be a grave breach as defined in the Conventions [the 1949 Geneva
Conventions] and this Protocol or other serious violation of the
Conventions or of this Protocol". The Swiss Government (in its capacity
as the depository of the Geneva Conventions and Protocols) acts as the
secretariat for the Commission. Its members include legal and military
experts, judges and medical doctors drawn from all regions of the world.
- - - - -
10) Video footage strengthens the case for an urgent inquiry
7 Dec 01
"The video footage which has emerged today is alarming and strengthens the
case for an urgent inquiry into what happened at the fort," Amnesty
International said today.
The reported conduct of the CIA operatives is disturbing, specifically the
apparent threat of execution. All personnel involved in the custody and
interrogation of prisoners should be fully aware that death threats against
prisoners violate international human rights and humanitarian law. The US,
UK and United Front should re-consider their position and hold an inquiry
without further delay.
Amnesty International has suggested that they consider calling on the UN
or the International Fact-Finding Commission to conduct a preliminary
inquiry.
- - - - -
12) Clean surrender needed
11 Dec 01
Following reports that significant numbers of Al-Qaeda fighters are
surrendering in the Tora Bora region of southern Afghanistan, Amnesty
International called for appropriate arrangements to be made for the
processing and protection of prisoners, many of whom are likely to be non-
Afghan nationals.
"The recent events at the Qala-i-Jhangi fort near Mazar-i-Sharif, where
several hundred captured Taleban fighters and others were killed in
disputed circumstances, and news reports today that dozens of others
apparently suffocated in sealed shipping containers, while being
transported to a prison in Shibarghan, heighten concerns for the treatment
of any other surrendering combattants."
"The key role of the International Committee of the Red Cross (ICRC) in
overseeing the processing and treatment of prisoners must be facilitated
to ensure that people are properly protected."
* * * * *
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FASCISM:
We have no ethical right to forgive, no historical right to forget.
(No permission required for noncommercial reproduction)
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