AMNESTY INTERNATIONAL Group 23, Houston
NEWSLETTER
MAY 2008

P.O. Box 130901, Houston, TX 77219-0901
281-587-5386
http://www.amnestyhouston.org

mail@amnestyhouston.org

Monthly meeting first Wednesday of every month (except holidays).

Next two meetings
Wednesday
May 7, 2008 7:30 P.M.
June 4, 2008 7:30 P.M.
Olive Branch Room
2360 Rice Blvd.

 

Letter Count
India 4
USA - Refugees 6
USA - Racial Profiling 6
Yemen 5
USA - Death Penalty 1
Sri Lanka 2
Pakistan 2
USA - Death Penalty 1
Montenegro 1
Mexico 1
USA - New Orleans 1
Darfur 8

 

Faxes
None 0

 

Email Count
None 0

NEWS AND NOTES

Monthly Meeting Agenda:

       Introductions
       Reports by Coordination Groups:
       Group case (Avdo Palic)
       Death Penalty
       Radio Committee
       Stop Violence Against Women Campaign
       Denounce Torture Campaign
       South Asian Regional Action Network (SARAN)
       Refugees
       Out Front Campaign
       Who Will Bring Letter Next Meeting
Old Business:
       New POC Case?
New Business:
       World Refugee Day
       Pride Festival
       UDHR 60 Years/KPFT
       Cure Concert June 9
       ABC Primetime Show Viewing
 

Local Group 23 News:

Goup 23 Volunteer Opportunities
**** NATIONAL AND INTERNATIONAL NEWS ****

 

Saudis Sentence Teen Domestic to Death Following Death of Baby in Her Care

A Saudi court recently sentenced Rizana Nafeek, a 17-year-old Sri Lankan domestic worker at the time of her arrest, to death after an infant died in her care. Nafeek had no access to lawyers during her trial and has since retracted a confession she allegedly made under police questioning. A court is reportedly hearing Nafeek's appeal against her sentence, but if her appeal is unsuccessful, she could be executed within days. Take action now - click here.

Indonesia Must Stand up Against Torture and Other Ill-treatment

Between 5 and 7 May 2008, the UN Committee against Torture will meet in Geneva to discuss Indonesia's compliance with provisions set out in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (or the Convention). Amnesty International welcomes this opportunity and hopes it will lead to a major commitment by the Indonesian government to ban torture and ill-treatment in all its forms in Indonesia.

In a briefing released on 15 April 2008, "Indonesia: Briefing to the UN Committee against Torture" (AI Index: ASA 21/003/2008), Amnesty International provided information and analysis on the implementation by Indonesia of the Convention, and set out ways in which the Indonesian government could better comply with its obligations under the Convention. A number of aspects are highlighted in the briefing including insufficient provisions prohibiting acts of torture in the Criminal Code; insufficient safeguards in the Criminal Procedure Code; the absence of specific legal provisions prohibiting 'non-refoulement'; torture and other ill-treatment in detention; the death penalty and caning; weak accountability mechanisms; and the inadequate implementation of the Domestic Violence Law.

Amnesty International acknowledges Indonesia's progress in certain aspects of tackling the problem of torture and ill-treatment in past years, for instance through legal reform, human rights trainings to police and military officials, and efforts to strengthen accountability mechanisms. However, the organization believes thatthose measures have been far from sufficient.

The absence of strong legal and procedural safeguards preventing the use of torture in all circumstances is one of the weaknesses in the system. Although Indonesia's Criminal Code and Criminal Procedure Code have been under revision for many years, they have yet to include sufficient provisions prohibiting the use of torture. The Criminal Code does not have a comprehensive definition of torture, and lacks provisions making these offences punishable by appropriate penalties that take into account their grave nature. Further, the Criminal Procedure Code contains provisions allowing prolonged detention of suspects without being brought before a judge and insufficient safeguards prohibiting the use of statements that have been made as a result of torture as evidence during judicial proceedings. The result has been that torture and other ill-treatment are still widespread in Indonesia.

According to a recent study conducted in four detention centers or prisons in Java in 2007-8 by the Jakarta Legal Aid Institute (Lembaga Bantuan Hukum, LBH), over 80 per cent of the 367 prisoners interviewed, including women and children, had been subjected to torture or other ill-treatment during arrest and interrogation. Forms of torture and other ill-treatment used by state officials -- mostly the police - were of a physical, psychological as well as sexual nature and included punches, kicks, slaps, threats at gun point, being forced to masturbate or being stripped naked in public. Many of those interviewed did not report these crimes because they were scared of doing so, because they were not aware they could file complaints or because they did not think their complaints would be taken seriously. Those who complained of torture and other ill-treatment in court reported that their complaints were not taken into account by judges during proceedings and did not lead to sanctions for perpetrators.

The cases stated above confirm some of the findings of Amnesty International's briefing to the UN Committee against Torture. Despite progress since the fall of Suharto ten years ago, there is still a prevalent culture of violence among police and military officials in Indonesia which is being nurtured by a lack of credible accountability mechanisms. Victims, their families and lawyers do not have access to a satisfactory independent complaints mechanism to submit complaints and report crimes of torture and other ill-treatment, and the criminal justice system fails to deliver justice, truth and reparations.

In a small number of cases of human rights violations, including torture and other ill-treatment, committed by members of the police force, there have been internal investigations or officers have been subject to internal disciplinary proceedings. While Amnesty International welcomes the use of disciplinary measures as part of a system ensuring respect for human rights, the organization emphasizes that such measures cannot replace investigation and prosecution under criminal law, as provided by the UN Convention against Torture. Furthermore, the Law must protect against and explicitly prohibit the use of torture and deliberate acts of ill-treatment. Thus any complaints and investigations of alleged cases of torture and other ill-treatment should always be treated as suspected criminal offences and be brought before independent civilian courts. It is also essential that victims are fully informed of the legal proceedings against the alleged perpetrators and are ensured reparations in accordance with international standards.

Amnesty International sincerely hopes that the upcoming sessions of the UN Committee against Torture on 5-7 May will provide a key forum for discussion of some of the issues set out in Amnesty International's briefing and in other non governmental organizations' submissions. Ten years after the ratification by Indonesia of the Convention, these sessions should be a turning point in Indonesia's commitment to eradicating the incidence of torture and other ill-treatment on its territory.

Spain: Constitutional Court Reiterates Need for Effective Investigation of all Allegations of Torture

Amnesty International welcomes the decision of the Spanish Constitutional Court on 14 April to order the judicial investigation into allegations of torture made by Alberto Videma Morillas to be re-opened, on the grounds that the initial investigation was not effective.

In its decision, the Constitutional Court noted that the gravity of the crime of torture, and the particular difficulty in gathering evidence in such cases, creates a special duty of diligence for judicial investigations. The Constitutional Court, noting legal precedents from the European Court of Human Rights and recommendations of the UN Committee against Torture and the Council of Europe Committee for the Prevention of Torture, stated that in this case the investigating court had failed to ensure the right to effective legal recourse by closing its investigation when doubts remained concerning the veracity of the allegations, and further investigatory measures -- which could have verified or discredited the allegations -- were still possible.

According to international human rights standards to which Spain is a party, the duty to conduct prompt, independent, impartial and thorough investigations whenever there are reasonable grounds to believe torture or other ill-treatment may have occurred is a key component of a state's obligation to prevent torture and other ill-treatment. The European Court of Human Rights reiterated this obligation in its ruling in the case of Martínez Sala and Others vs. Spain (2 November 2004), when it found that the failure to hold an effective official investigation into allegations of ill-treatment in custody violated the applicants' rights under Article 3 of the ECHR to be free from torture and other inhuman or degrading treatment or punishment. The European Court considered it "unfortunate" that the court had not taken statements from the arresting officers, the custodial officers, or the alleged victims. By denying all requests of the applicants for specific evidence to be obtained, the court had denied any reasonable opportunity to establish the veracity of their claim.

Alberto Viedma Morillas was arrested by Civil Guards on 28 February 2002 and taken into custody. On 22 April 2002 he made a criminal complaint of torture and other ill-treatment inflicted while in custody. A judicial investigation into the allegations was opened by the Investigating Court 14 of Madrid, but on 12 April 2004 the investigation was closed on the grounds that there was insufficient evidence that a crime had been committed. The investigating court had not questioned the plaintiff, questioned or even identified the police officers involved in the detention, nor obtained all relevant medical reports. Several appeals against the closure were made, but were unsuccessful. Alberto Viedma Morillas was convicted in November 2004 for killing an army officer and membership of an armed group (Euskadi Ta Askatasuna, ETA).

Girl From al-Qatif Pardoned

In 2006, a young woman known only as "The Girl from al-Qatif" and her male companion were kidnapped at knifepoint by a gang of seven men shortly after they met. The male companion was attacked and then released. The woman, however, was raped by each member of the gang.

While the gang was eventually apprehended and sentenced for their crimes, a court in eastern Saudi Arabia saw the need to convict the woman and her companion of the crime known as Khilwa - being alone in private with a member of the opposite sex who was not an immediate family member. A year later on November 15, 2007, another court increased the sentences of all who were involved, including the rape victim. She and her companion had their sentences increased to six months imprisonment and flogging which was increased from 90 to 200 lashes.

The sentencing of the woman following her rape ordeal generated shock and anger among the public in Saudi Arabia and human rights activists abroad. It also generated a rare debate in the country on the inconsistencies of the judicial system and its failure to reflect the gravity of crimes committed against the woman. AI issued an Urgent Action in November and several updates to which many of our members responded with an outpouring of concern.

We are happy to report that the sentences of flogging and imprisonment imposed on a woman rape victim, known only as the "Girl from al-Qatif", and her male companion, are reported to have been dropped under a pardon granted by Saudi Arabia's Head of State, King Abdullah.

USA: Legislation to Address Violence Against Women & Girls Worldwide Introduced in House of Representatives

(Washington) – Violence prevention, women’s and human rights leaders today hailed the introduction late yesterday in the House of Representatives of groundbreaking legislation to address the global crisis of violence against women and girls. The International Violence Against Women Act (I-VAWA – HR 5927) is being sponsored in the House by Foreign Affairs Committee Chairman Howard Berman (D-CA). It would apply the force of U.S. diplomacy and foreign aid over five years toward preventing abuse and exploitation, which is estimated to affect one in three women worldwide.

I-VAWA authorizes more than $200 million annually in foreign assistance for international programs that prevent violence, support health programs and survivor services, encourage legal accountability and change public attitudes, promote access to economic opportunity and education, and better address violence against women in humanitarian situations. It would deal with preventing violence in all of its forms, including honor killings, bride burnings, acid burnings, dowry deaths, genital mutilation, mass rapes in war, or domestic violence. I-VAWA (S. 2279) was introduced in the Senate last October by the bipartisan leadership team of Joseph Biden (D-DE) and Richard Lugar (R-IN).

“Violence against women is an egregious human rights violation which affects all aspects of women’s lives, from their personal health and safety to their ability to earn a living and care for their families,” said Ritu Sharma Fox, co-founder and president of Women Thrive Worldwide, formerly the Women's Edge Coalition. “This historic bill will enable our country to help lift one of the major barriers to women’s empowerment worldwide.”

“Now that the International Violence Against Women Act has been introduced in both chambers, we will make its enactment a major priority,” said Esta Soler, president of the Family Violence Prevention Fund. “Day after day, we are horrified by reports of brutal violence being committed against women and children worldwide. This legislation can help our country make a difference and take a stronger stand. We won’t rest until it becomes law.”

The legislation was introduced in the House the day after Amnesty International USA (AIUSA) brought more than 200 activists to Capitol Hill to talk to lawmakers about violence against women. “The International Violence Against Women Act takes a coordinated, comprehensive approach to preventing human rights violations against women worldwide," said Larry Cox, executive director of AIUSA. “On Monday, Amnesty International activists from Florida to Oregon met with more than 100 congressional offices to ask for support for the International Violence Against Women Act. We will work vigorously to see this historic bill become U.S. law. We are grateful to Congressmen Berman for his leadership to stop the escalating violence against women and girls worldwide.”

In 2005, Amnesty International USA, the Family Violence Prevention Fund and Women Thrive Worldwide convened meetings to develop the legislation, recognizing that violence is a worldwide problem that needs to be addressed in a comprehensive way, and that stand-alone programs are not enough. More than 150 U.S.-based experts including 40 women’s groups overseas gave advice on the bill. More than 60 human rights, women’s, humanitarian, development and faith-based organizations support it.

The new legislation would develop strategies in countries around the world for U.S. programs to address violence against women and girls. It creates the first high level U.S. State Department office working explicitly on violence against women, increasing diplomatic attention to violence against women and girls. The coordinator would seek to integrate best practices in violence prevention across the government's diplomatic and foreign assistance work, while adding financial support for local health programs and reform efforts.

For example, the legislation calls for funding to support locally led efforts to reform practices and change social attitudes that condone violence against women and girls, better address this violence in humanitarian assistance programs, and train lawyers and police on how to better deal with domestic violence cases. It also supports local efforts by bolstering the work of women's organizations overseas that are already working to end violence against women in their countries.

I-VAWA would also decrease potential sexual exploitation and abuse by U.S. humanitarian workers, military personnel, military contractors and police involved in peacekeeping operations by creating training programs to prevent such abuse and a complaints mechanism for reporting problems.

The United Nations Development Fund for Women estimates that at least one of every three women globally will be beaten, raped, or otherwise abused during her lifetime.

LETTER WRITING ACTIONS

 

Letter writing actions have moved to a special section of our website.

 

AI Group 23 Officers
Group Coordinator (Acting) Bill Ohsie
Telephone Contact Phivan Wright
Coordinator, Bosnia Action File Phivan Wright
Anti-Death Penalty Coordinator Nancy Bailey
Refugee Coordinator Sonia Montoya
LGBT Coordinator Hana Pinard
New Member Coordinator Phivan Wright, Heather Narbit
Stop Violence Against Women Veronique Schlumberger & Maliha
Media Coordinator Jimmy Dunne
Newsletter Editor Bill Ohsie
Treasurer Bill Ohsie
Area Coordinator  
Student Area Coordinator Corey Glenn
Event Tabling Coordinator Open
Secretary Open
Human Rights Education Esmeralda Salinas
Concert Venue Contact Christine Cox
South Asian Regional Action Network Juli Kring
Texas Legislative Coordinator Jackie Garza
Webmaster Bill Ohsie
Denounce Torture Coordinator Jimmy Dunne
Group23/Radio Show Coordinator Mary Newsome