Iraq: US and UK forces must deal with situation of lawlessness USA: Call for Inquiry into possible excessive force against anti-war protesters; WHO Health Briefing on Iraq
U.S. Use of Clusters in Baghdad Condemned
UK: In the Finucane case, nothing short of a full, public, international, impartial and independent judicial inquiry will do
Press Statement from Amnesty International, British Irish Rights Watch, the Committee on the Administration of Justice, Human Rights Watch and the Lawyers Committee for Human Rights
LONDON -April 15, 2003 Tomorrow, Sir John Stevens, the Metropolitan Police Commissioner, will deliver his long-awaited report on his third investigation into matters of collusion in Northern Ireland, known as "Stevens 3", to the Chief Constable of the Police Service of Northern Ireland.
In view of this, Amnesty International, British Irish Rights Watch, the Committee on the Administration of Justice, Human Rights Watch and the Lawyers Committee for Human Rights renew their call on the UK authorities to establish forthwith a full, public, international, independent and impartial judicial inquiry into all the circumstances surrounding the 1989 killing of human rights lawyer Patrick Finucane.
According to credible media claims, the "Stevens 3" team had originally prepared a 45-page summary of the full report for publication. The full report, which runs to 3,000 pages, will not be made public.
However, it appears now that only a 15-page summary of the full report is to be published tomorrow. The apparent explanation for this two-thirds reduction in length is the need to prevent prejudicial material capable of undermining future potential prosecutions from being made public. Given that Sir John Stevens, one of the UK's most experienced police officers, would presumably have signed off on the original 45-page summary, this explanation beggars belief. The human rights organizations are concerned that the original summary of the full report may have been drastically cut so as to shield some of its contents from public scrutiny.
This concern underscores yet again the need for the kind of scrutiny that only a public judicial inquiry can bring to the allegations of collusion by state agents with Loyalist paramilitaries in Patrick Finucane's killing. These allegations include claims that the killing of Patrick Finucane was the result of state policy. The evidence of collusion and subsequent cover-ups in the case implicates at least three intelligence agencies: the Special Branch of the former Royal Ulster Constabulary, whose members have been assimilated into the current Police Service of Northern Ireland; the British Army's secret intelligence unit known as the Force Research Unit; and MI5, the UK's secret service.
The recent death of Brian Nelson, the British Army agent who had directly assisted Loyalist paramilitaries in the targeting of Patrick Finucane for assassination, further underlines the need for the immediate establishment of a public inquiry. Continuing to delay such an inquiry may well result in other key testimonies eventually avoiding public scrutiny.
The five international and domestic human rights non-governmental organizations believe that only a public, international, independent and impartial judicial inquiry adequately resourced and with full powers to subpoena witnesses and compel the disclosure of documents can reveal the full truth surrounding the killing of Patrick Finucane. It will be essential to consider all the circumstances surrounding the killing of Patrick Finucane, including evidence of other killings resulting from the same policies and practices which led to his death.
Iraq: US and UK forces must deal with situation of lawlessness
LONDON -April 15, 2003 As reports of the killing of a number of civilians and the wounding of many others demonstrating against the new governor, Mash'an al-Jabbouri in the northern city of Mosul start to emerge, Amnesty International Secretary General, Irene Khan expressed grave concern at the current situation of lawlessness in Iraq and called for an impartial, independent and thorough investigation into the incident.
"Before the conflict broke out, we repeatedly pointed out that with the fall of the regime, law and order would break down, insecurity could endanger lives and property." "It would seem more preparation was made by the Coalition to protect oil wells than to protect hospitals or water plants." "The first taste of the Coalition's approach to law and order will not have inspired confidence in the Iraqi people".
Human rights must be put at the centre of the efforts to restore law and order in Iraq. British and American forces are Occupying Powers with clear and well-defined responsibilities. International Humanitarian Law defines very clearly the obligations of occupation - there can be no derogation from them.
Combat troops do not usually have the training or the proper equipment for performing policing functions, and should not be expected to do so. However, occupying powers have a duty to plan for the breakdown of law and order in the areas where they establish military control, an all too common occurrence in armed conflict and one repeatedly predicted in the case of Iraq.
"Much planning and resources seem to have been devoted to securing Iraqi oilfields. However, there is scarce evidence of similar levels of planning and allocation of resources for securing public and other institutions essential for the survival and well-being of the population. The response to disorder has been shockingly inadequate. "
Amnesty International calls on the USA and the UK to deploy forces in sufficient numbers and with the right training and equipment to restore law and order, until Iraqi police forces can operate effectively. An effective and fair vetting procedure for members of the Iraqi police forces should be set up urgently, so as to reduce the chance of restoring to their duties officials who may have been involved in human rights violations. In exercising or supervising policing functions, the USA and the UK must ensure that the rights of freedom of expression and assembly are not arbitrarily restricted.
By definition, however, the authority of the occupying powers is transitional and limited to providing protection and assistance to the occupied population in the emergency created by war. The USA and UK cannot, for example, change the legal system or introduce the radical reforms in the Iraqi criminal justice system that are needed to ensure respect for human rights. Only a newly established Iraqi government, or a United Nations (UN) transitional administration set up by the Security Council, would have such authority under international law.
At the moment, there is no clarity as to what arrangements will be in place to establish a transitional or permanent governmental authority in Iraq. There is disagreement over the role of the UN. Amnesty International believes that ensuring full respect for human rights must be central to any such arrangements. In this regard the UN must play a leading role in at least two respects, beyond the provision of humanitarian assistance. First, the UN should deploy human rights monitors throughout Iraq as soon as the security situation allows.
Second, the UN should establish a commission of experts to develop, in close consultation with Iraqi civil society, proposals for a comprehensive program to ensure justice for past and recent human rights abuses, centred on the need to reform the Iraqi criminal justice system.
Amnesty International is also concerned that all those responsible for crimes under international humanitarian law and grave abuse of human rights must be brought to justice. "There should be no amnesties, pardons that could prevent the emergence of truth or final determination of guilt. No political settlement should include granting of pre-conviction amnesties for alleged human rights perpetrators," Irene Khan concluded.
USA: Call for Inquiry into possible excessive force against anti-war protesters
Following the anti-war demonstration at Port of Oakland, California, on 7 April, where at least 21 people were injured, Amnesty International called today on the Chief of Police to conduct a full inquiry into allegations of excessive force by police.
Police reportedly fired non-lethal weapons, including bean bags, wooden bullets and sting ball grenades at demonstrators, causing injuries to at least twelve protesters, and nine by-standers who were not involved in the demonstration. Those injured were reportedly hit in the back, arms, necks and faces.
In a letter to the Chief of Police of Oakland Police Department, Amnesty International acknowledged the challenges presented to police officers when policing large demonstrations. "However, we are concerned at reports that police opened fire within 30 seconds of ordering demonstrators to disperse, and that they fired projectiles directly at demonstrators at close range, including wooden bullets."
"Evidence has shown that the weapons used can cause serious internal injuries, break bones, inflict blindness, and are potentially lethal. A full inquiry is needed to confirm whether any of these weapons were misused by the Oakland police on 7 April. Steps should also be taken to ensure that police do not subject further protesters to such treatment."
"If the allegations are true, the police actions in this case would clearly be incompatible with international standards requiring that law enforcement officials should use force only as a last resort, in proportion to the threat posed, and in a way to minimize damage or injury," Amnesty International said.
"These reports are particularly disturbing, given the potentially harmful effects of such weapons on small children or the elderly, or people suffering from weak hearts or other conditions."
In its letter, Amnesty International asked to see Oakland Police Department's guidelines for use of non-lethal weapons and to receive information on police training in place for use of these weapons.
"This is not the first time we have had to raise concerns with US law enforcement agencies about the use of non-lethal weapons. All law enforcement agencies across the USA must introduce strict guidelines and limitations on use of these weapons with clear monitoring procedures," concluded Amnesty International.
Background
Weapons used on 7 April include:
Bean Bags: Evidence has shown that bean bags can cause serious internal injuries as they can penetrate deep into the body. If fired from too close they can cause broken bones and are particularly dangerous if aimed at sensitive areas, as they make it difficult to quantify the level of pain inflicted to some parts of the body. Although originally considered to be a suitable "less-than-lethal" force option against potentially dangerous suspects, police departments in some US states are abandoning the use of bean bags after finding that they can be dangerously inaccurate and deadlier than manufacturers claim .
Sting ball grenades: According to some experts, these weapons are completely indiscriminate and inaccurate. They should not be fired at close range because they are potentially lethal. The small pellets released when the grenades explode may penetrate the skin and pose serious eye injury risk, including blindness.
Wooden bullets: These were deemed to be unacceptable by the British government in the 1970s in relation to use by British soldiers in Northern Ireland as they can cause serious head injuries as well as the possibility of inflicting blindness and may penetrate the skin.
Iraq: Killings, Expulsions on the Rise in Kirkuk U.S. Not Fulfilling Duties of “Occupying Power”
1. Mosul and Kirkuk
A team from the World Health Organization has conducted a preliminary assessment of health facilities in the northern town of Mosul, in Ninawa Governorate. The team reports that the main hospitals in the town have been partially looted. They are now estimated to be operating at about 50% of normal capacity. Most of the health centres in Mosul are also reported to have been looted and burnt, as have the department of health offices and at least some of the warehouse facilities. We hope to give you more details on this tomorrow.
WHO is working with local health authorities in the three Northern Governorates to support health facilities in Kirkuk. We have agreed with them that they will move emergency supplies to Kirkuk to meet some of the urgent needs which have been identified over the past two days. WHO is also working on ways to provide urgently needed financial support to keep the health system in Kirkuk working.
2. Baghdad
The situation in Baghdad continues to be a source of major concern. The Central Public Health Laboratory has been looted and incubators containing polio virus cultures have been stolen. There have also been reports from elsewhere in Iraq of virus cultures being stolen. This is very unlikely to cause disease, but is a serious concern because these cultures are vital for research and public health work.
Hospitals in Baghdad which are reported to be functioning to some extent include the Medical City complex, which includes four hospitals, as well as Yarmouk, Kadhimiya and No'man hospitals. WHO staff will continue to visit the major hospitals in the city in order to assess, prioritise and rapidly meet the most urgent needs.
We have made contact with WHO staff in Baghdad and the information they have provided is bleak. The WHO office in Baghdad has been very badly looted and burnt. All the official vehicles have been stolen from the compound and much valuable equipment and information destroyed.
