Iran: Student activists and demonstrators must be treated in accordance with international human rights standards Indonesia: New Prisoners of Conscience in the Post-Suharto Era - Community Radio Broadcasting Special Feature
Syria: Charges must be dropped against Haytham al-Maleh
Amnesty International today called on the Syrian authorities to halt the trial of lawyer Haytham al-Maleh before the Military Court which is scheduled to convene tomorrow 12 July in Damascus, and for all charges brought against him to be dropped.
"The trial of human rights defender Haytham al-Maleh is yet another attempt on the part of the authorities to silence him and intimidate other human rights defenders for the sole reason of their peaceful involvement in human rights work in the country and for exercising their rights to freedom of expression and association," Amnesty International said.
The authorities must also lift as a matter of urgency all restrictions, especially the right to movement and to travel which they imposed on Haytham al-Maleh, the Director of Human Rights Association in Syria (HRAS), and lawyer Razan Zaytunah, a HRAS member, as well as other human rights defenders. Both lawyers have already lodged a suit against the Minister of the Interior before the administrative court for these restrictions to be lifted.
The charges brought against Haytham al-Maleh include the distribution of Teyyarat magazine without a license, involvement with an organization of an international nature (HRAS) without permission from the government, dissemination of "false news" and "inciting sectarian strife". The charges, including those brought under Articles 287 and 288 of the Penal Code can lead to up to three years in prison.
Amnesty International has repeatedly expressed its concern at trials before Syrian military courts as they do not guarantee a fair trial. Their procedures fall seriously short of international standards for fair trial, as well as Syria's own Code of Criminal Procedures.
W.D.Mathur*
With the advent of community broadcasting, a whole new exciting world awaits listeners in far-flung areas where radio listening revolves around community centres. The proposed community radio serves to bring small groups together through their own participation to reflect their day-to-day concerns. The community will participate by creating contents of the programmes for its own people. This narrow broad casting does not require big transmitters.
Community radio of the future will strive to bring people together through interaction. Like teleconferencing, the listeners will be able to talk to each other through the radio network using small wireless sets. This will help in business activities of the particular district or a village where the artisan will know his prospective buyer for his wares.
At present, however, programmes will be created for the listeners in the community and reflect what is relevant for their needs and aspirations.
The community in these areas is well-knit. There is always a collective response to all radio programmes as the listeners generally assemble at one place where they listen to radio programmes, discuss and react. This turns into public service broadcast because it is here that the aspirations of the people can be fulfilled. To achieve this, the programmes have to be drawn up with a foresight keeping in mind the priorities of varied areas so that people can easily identify themselves with the programmes.
Out of the existing network of All India Radio, the Frequency Modulation, commonly known as the FM, technique of the radio wave has a distinct advantage. The Medium Wave and Short Wave suffer from the disadvantage of deteriorating sound quality with the increase in distance. The FM provides stereo quality and is ideal for short-range broadcasts. In the far-flung rural areas where the availability of power supply is unreliable, the FM is ideally suited for community broadcast for dissemination of information, education and entertainment. The Working Group on the 10th Plan has recommended future expansion of radio, primarily in the FM mode.
To supplement the broadcasting by All India Radio, the Government, in July 1999, approved private participation in FM broadcasting.
After offering licences to private FM broadcasting in 40 cities through 110 channels for commercial broadcasting, the Government has decided to offer private licences to the established educational institutions and organizations having their own campus and residential schools.
At present, AIR has 133 FM transmitters covering more than 21 per cent of area and about 31 per cent population of the country. Private licences for FM broadcasting have been offered in 40 cities for 110 channels for setting up 10 KW radio transmitters, except in four metro cities where the capacity could be between 10 to 20 KW. These private channels are already operating in Delhi, Mumbai, Kolkata, Chennai, Bangalore, Indore, Ahemedabad, Pune and Lucknow. Next in the line are Patna, Bhuvaneswar, Cuttack, Jabalpur, Coimbatore, Tirunelveli and Vishakhapatnam. The number of channels will provide plurality of choice to the listeners leading to improvement in the quality of programmes.
To start with, programmes on the comunity radio service will focus on issues relating to education, health, environment, agriculture and rural and community development. The Government expects these programmes to be popular if done innovatively done to sustain the listeners’ interest.
This service is expected to provide a platform for students and teachers to give expression to their creative talent in producing programmes and in socio-cultural cohesion of the masses at the local level. The licencees will not be allowed to broadcast any news, current affairs programmes, election and political broadcasts. They will also not be allowed to air any advertisement of sponsored programmes.
The Government is aware of the need to safeguard the radio stations from being misused for undesirable propaganda against national interest and safety and security of the country. Therefore, in the first phase, the Government has given licenses to only the selected and established educational institutions in the country for community broadcasts.
For the sake of credibility, the licensees will ensure that nothing is included in the programme that goes against good taste and decency. I The code of conduct rules out anything obscene, defamatory and innuendos. The licencees will also ensure that there is nothing that amounts to contempt of court or by casting aspersions on the integrity of the President or the judiciary.
The programme code will almost be the same as for All India Radio. It would strive to promote national integration, religious harmony, scientific temper and Indian culture.
The applicant will be permitted only one licence valid for three years and the licencee will provide service on free-to-air basis. No channel will be permitted for commercial purposes. The Government will have the right to inspect broadcast facilities and reserve the right to take over the entire services or network or revoke or suspend the licence in the interest of national security.
The licensee will ensure that all foreign personnel likely to be appointed as employees or consultants obtain security clearance from the Government.
The licensee will be expected to furnish a bank guarantee to ensure timely performance of the licensee agreement and failure to start the services within the stipulated period can result in cancellation of licence and forfeiture of the bank guarantee.
The people are likely to immensely benefit from community radio because of its inter-active nature and low costs of broadcasting. *Freelance Writer
11 July 2003
UK: Government must act now on behalf of Guantánamo detainees
Amnesty International is concerned about the fate of Bisher Al-Rawi, an Iraqi national legally resident in the UK, and Jamil Al-Banna, a Jordanian national with refugee status in the UK, who are among the more than 650 individuals currently held without charge or trial, access to the courts, lawyers or their families in the United States (US) Naval Base in Guantánamo Bay.
The organization is extremely concerned at the refusal of the United Kingdom's authorities to make representations on behalf of Bisher Al-Rawi and Jamil Al-Banna to the US authorities urging them to uphold their human rights.
The UK authorities have refused to make representations on behalf of Bisher Al-Rawi notwithstanding the fact that he has been a resident in the UK for over two decades and that many of his family members are UK nationals. In addition, since assuming its responsibilities under international humanitarian law as an Occupying Power in Iraq, the UK currently is obliged under international law to make representations on behalf of Iraqi nationals. Similarly, the UK is obliged under international refugee law to make representations on behalf of Jamil Al-Banna, whom the UK authorities have recognized as a refugee in the UK.
Amnesty International has serious concerns about the fact that Bisher Al-Rawi and Jamil Al-Banna and other people held in US custody in Guantánamo Bay and elsewhere -- purportedly on suspicion of links with al-Qa'ida or the Taleban -- have been held in detention conditions that contravene international human rights standards. In addition, the organization has also been concerned that people who the US authorities assert to have links with either al-Qa'ida or the Taleban are being held in US custody effectively in a legal limbo, that is outside of any legal basis recognized under either international humanitarian or human rights law.
Since late November 2002, Amnesty International has been monitoring the cases of Bisher Al-Rawi, and Jamil Al-Banna. Both men were arrested and detained on arrival at Banjul airport in Banjul, Gambia, on 8 November 2002, purportedly on suspicion of alleged links with al-Qa'ida. They were arrested with another man, Abdullah El Janoudi, a UK national by members of the Gambian National Intelligence Agency (NIA). A fourth man, Wahab Al-Rawi, Bisher Al-Rawi's brother, also a UK national, who had arrived in Gambia some days earlier, and who had gone to the airport to meet them, was also arrested at the same time. The four men had reportedly travelled to Gambia in connection with a peanut processing company set up by Wahab Al-Rawi.
Bisher Al-Rawi, Jamil Al-Banna and Abdullah El Janoudi had all been previously arrested on 2 November 2002 at Gatwick airport, UK, the day they had originally planned to travel to Gambia. They were questioned for two days by UK authorities in London, purportedly on suspicion of alleged links with "terrorist" groups, before being released without charge. Upon release, at least one of them was told that there would be no further action. In addition, Amnesty International understands that Bisher Al-Rawi and Jamil Al-Banna may have been questioned or otherwise contacted by the UK authorities, including during visits to their homes, on other occasions since 11 September 2001 but had never been charged with a criminal offence. In particular, Jamil Al-Banna was reportedly visited at home by members of the UK intelligence services shortly before 2 November 2002; these authorities were informed of his intention to travel to Gambia.
Amnesty International has sought clarification from the UK authorities as to whether they informed either the Gambian or US authorities of Bisher Al-Rawi's and Jamil Al-Banna's arrest and subsequent release in the UK and/or their departure for Gambia.
On 8 November, the three men left the UK for Banjul and, as stated above, were arrested together with Wahab Al-Rawi on arrival. According to information available to Amnesty International, after an initial period of questioning by the NIA at the NIA headquarters in Banjul, they were then questioned by US investigators. During this time, the men were held in several undisclosed locations in Banjul. At least one of the men was allegedly threatened by US investigators who told him that unless he cooperated he would be handed over to the Gambian police who would beat and rape him. The US investigators also reportedly "apologized" for injuries sustained by one of the suspects during what they termed a scuffle with Gambian guards.
Wahab Al-Rawi and Abdullah El Janoudi were released without charge on or around 5 December and were returned to the UK.
According to information available to Amnesty International, Bisher Al-Rawi and Jamil Al-Banna were held in incommunicado detention for a period of approximately two months in Banjul while they were reportedly questioned by US investigators on their alleged links with al-Qa'ida. Amnesty International received information indicating that both men were transferred to the US air force base at Bagram, Afghanistan, probably in early January 2003. Since then, they have been transferred to Guantánamo Bay where they are currently held. It has not been possible for Amnesty International to confirm the exact date of transfers as all Gambian and US officials contacted by Amnesty International have refused to confirm the whereabouts of the two men.
Their initial transfer to Bagram and subsequent one to Guantánamo Bay took place despite the fact that they had not been allowed to consult with lawyers, and despite the fact that a habeas corpus petition on their behalf was pending in the courts in Gambia.
Amnesty International has also been informed that the Gambian authorities, through the Gambian High Commission in London, hindered attempts by relatives of Bisher Al-Rawi and Jamil Al-Banna to ascertain the whereabouts of the two men by refusing to authorize power of attorney instructing a lawyer in Banjul to act on their behalf, thereby significantly delaying introduction of the habeas corpus petition.
Bisher Al-Rawi and Jamil Al-Banna were rendered to US custody in a manner which circumvented any judicial process, including extradition procedures, in further violation of their internationally recognized human rights.
From the information available to Amnesty International, it appears that both Bisher Al-Rawi and Jamil Al-Banna were under surveillance in the UK, possibly on account of intelligence received from US officials.
It is clear that Bisher Al-Rawi and Jamil Al-Banna have had no protection against violations of their fundamental rights since they were taken into custody in Gambia. In this connection, the organization is concerned that UK authorities may have played a role, directly or indirectly, in the initial arrest and subsequent detention of Bisher Al-Rawi and Jamil Al-Banna in Gambia, and their eventual unlawful rendering to US custody.
Amnesty International would be greatly concerned if the UK authorities had indeed had reason to believe that Bisher Al-Rawi, Jamil Al-Banna and Wahab Al-Rawi would be arrested upon arrival in Gambia, including for the eventual purpose of their being unlawfully rendered to US custody, particularly given that their arrests in Banjul took place so soon after Bisher Al-Rawi, Jamil Al-Banna and Abdullah El Janoudi were released without charge in the UK.
The organization has called on the US authorities to respect their human rights, and in particular for the men to be released if they are not to be promptly charged with a recognizably criminal offence on the basis of reasonable suspicion, for their right to legal counsel to be respected and for them to be granted access to a court to challenge the legality of their detention.
Background
Many of those detained at Guantánamo Bay have been held for well over a year in conditions the totality of which may amount to cruel, inhuman or degrading treatment in violation of international law. None has had access to a court, to legal counsel, or to relatives. Most are held in tiny cells for up to 24 hours a day with minimal opportunity for out-of-cell exercise.
In November 2002, the Court of Appeal, the second highest court in England and Wales, referred to Feroz Abbasi's detention in Guantánamo Bay as "in apparent contravention of fundamental principles recognized by both jurisdictions [US and UK] and by international law", remarking that he had been left in a "legal black hole" and that his detention was "objectionable". The Court of Appeal ruling came as a result of a judicial review -- initiated by the mother of Feroz Abbasi -- of a March 2002 decision of the High Court that had stated that UK courts had no jurisdiction to rule on her claim that the UK authorities had not been doing enough to ensure respect for the rights of UK nationals detained at Guantánamo Bay. In its November 2002 ruling the Court of Appeal dismissed his mother's claim for relief. Feroz Abbasi from Croydon, London, is one of nine confirmed UK nationals, including Moazzam Begg from Birmingham, England, Asif Iqbal and Shafiq Rasul from Tipton, England, who remained in US military custody at Guantánamo Bay without charge or trial or access to the courts, lawyers or relatives.
Following the Court of Appeal ruling, Amnesty International called on the UK authorities to urge the US authorities to repatriate the UK nationals immediately unless they were promptly charged with a recognizably criminal offence by the US authorities and brought to trial before an independent court in proceedings respectful of their rights to a fair trial and that excluded the possibility that the death penalty may be imposed.
Amnesty International is concerned that the UK authorities have failed to make vigorous representations to their US counterparts urging them to uphold the human rights of the UK nationals in US custody at Guantánamo Bay. In addition, UK officials, including from MI5 (i.e. the UK Security Services), have taken advantage of the circumstances of their nationals' detention in US custody by "visiting" them at least on two occasions and questioning them in relation to issues relevant to the UK's national security despite the limbo of their legal status. In this connection, Amnesty International has noted with concern that anyone arrested in the UK and questioned in connection with al-Qa'ida activities has the right to legal assistance, including having a lawyer present during questioning.
9 July 2003
Iran: Student activists and demonstrators must be treated in accordance with international human rights standards
Amnesty International is concerned at yesterday's arrest of student leaders Reza Ameri Nassab, Ali Moghtadari and Arash Hashemi who may have been targeted solely for the peaceful expression of their political views. All three were arrested after they took part in an open press conference held at the offices of Daftar-e Tahkim-e Vahdat (Office for Strengthening Unity, or OCU) on the anniversary of the 18 Tir (9 July 1999) student demonstrations. During the press conference they criticized restrictions on freedom of expression and association in Iran. They were said to have been forced to the ground and thrown into three separate vehicles and taken to an unknown destination. Ali Moghtadari was reportedly released the same evening.
Such arrests are part of a pattern of human rights violations targeting student protests and demonstrations since the 18 Tir demonstrations.
Since 11 June 2003, up to 4000 demonstrators have been arrested of which approximately 2000 may remain in detention without charge or trial. At least 65 individuals are said to have been charged, although the charges have not been made public.
Many of these detainees appear to have been targeted for demonstrating peacefully. Amnesty International considers them prisoners of conscience and calls for their immediate and unconditional release. Amnesty International also calls for anyone charged with a recognisable criminal offence to be given prompt fair trial.
The authorities should take immediate measures to ensure that student activists and peaceful demonstrators are treated in accordance with international human rights standards.
Background
Following the July 1999 students' demonstrations in Tehran, Ahmad Batebi, Abbas Deldar, Javid Tehrani, Mehrdad Lohrasebi, Akbar and Manuchehr Mohammadi and scores of other student demonstrators were arbitrarily arrested. Dozens of them faced torture and ill treatment in incommunicado detention. They, like student leader Ali Afshari, were imprisoned following manifestly unfair trials. In the past few days, Ahmad Batebi and Manuchehr Mohammadi have been removed from Evin prison and taken to an unknown location.
Nearly 80 students living in student dormitories in the Amir Abad area of Tehran demonstrated 11 June against draft proposals to privatize universities in Iran, fearing that tuition fees would rise as a result. They were joined by local residents and the demonstration reportedly escalated and became increasingly politicized. Organized groups of non-uniformed, plainly clothed individuals widely called in Iran the lebas shakhsi-ha (the plain-clothed) began to attack the demonstrators and police intervened to end the clashes. As the demonstrations grew over the following nights, units of the Special Forces (Nirou-ye Vijeh) were deployed to disperse demonstrators. However, there were reports that the Special Forces permitted some of the lebas shakhsi-ha to attack peaceful demonstrators and that in certain instances, excessive force was used to break up the demonstrations.
Amnesty International has repeatedly urged the authorities to address human rights violations committed against demonstrators but has not to date received any reply to date.
