News

Rights Groups Release Report on ‘Inhuman’ Dutch Terror Jails

By Jenilyn Brhel
Impunity Watch Reporter, Europe

Rights groups are calling out the Dutch government for “inhuman conditions” in Dutch terror jails.

De Schie Prison. Photo Courtesy of The Irish Times.

Amnesty International (Amnesty) and The Open Society Justice Initiative (OSJI) produced a sixty-page report that details inhumane treatment of those both convicted of and suspected of terror offenses in the country.

The allegations are focused on two maximum security jails, where detainees are held in special terrorism units, the De Schie prison and the New Vosseveld prison.

The report finds that inmates are typically held in individual cells for periods of 19 – 22 hours a day. When they are allowed out of their cells, contact is severely limited.

Both those convicted and not are subjected to routine and frequent “full-nudity body searches that are invasive and humiliating.”

Many inmates are hesitant to discuss private and personal matters with visiting family members due to strict audio and video surveillance and physical monitoring by prison authorities.

Prison officers often accompany inmates to medical examinations and are present in the rooms while confidential medical examinations are being conducted.

In compiling their report, Amnesty and OSJI conducted interviews with approximately 50 people, including 19 former detainees.

One of the problems with the system is that anyone who is awaiting trial for a terrorism-related crime is automatically placed in a terrorism unit, which allegedly “undermines their right to be presumed innocent until proven guilty.”

Crime in the Netherlands has been on a steady decline since 2004 as a result of a focus on rehabilitation instead of punishment. As a result, prison conditions for those incarcerated for non-terror offenses have improved. However, as the report finds, the conditions in jails and prisons for convicted terrorists and terrorist suspects have deteriorated.

“Many of the measures routinely used in the terrorist units can unnecessarily isolate and humiliate people and as such violate The Netherlands’ human rights obligations,” Amnesty International Netherlands representative Doutje Lettinga said, “Even a person who poses no proven security threat can be held in one of the country’s harshest detention regimes.”

In response to the report, Dutch authorities have expressed willingness to make reforms. However, both Amnesty and OJSI do not think that the government’s plans adequately address the human rights concerns in the terrorism units.

Jonathan Horowitz, speaking for the Open Society Justice Initiative, said that “any reforms must be carefully designed and implemented to ensure maximum transparency and compliance with The Netherlands’ human rights commitments. Security measures must not be excessive or arbitrary.”

For more information, please see:

International Business Times – Terrorists Searched Naked and Kept in Cells 22 Hours a day on ‘Inhuman’ Dutch Prisons, Amnesty Warns – 31 October 2017

The Irish Times – Netherlands Strongly Criticized for Treatment of Terror Suspects – 31 October 2017

NL Times – Dutch Terror Suspects Treated Inhumanely in Prison: Human Rights Organizations – 31 October 2017

The Washington Post – Rights Groups Criticize ‘Inhuman’ Dutch Terror Jails – 31 October 2017

Religious Discrimination in Indonesia Creates Adoption Issues

By: Katherine Hewitt
Impunity Watch Reporter, Asia

BINJAI, Indonesia – The adoption rules and religious differences in Indonesia mix together to prevent providing children better lives. Indonesia is a predominantly Muslim nation with Hindu, Christian, and Buddhist religious minorities among other traditional religions.

Islam is the majority religion in Indonesia. Photo Courtesy of Y.T Haryono.

There are several religious laws that prohibit freedom of practice of religion in Indonesia. The “Religious Harmony, Empowering Religious Harmony Forums, and Constructing Houses of Worship” decree is one such law. Religious forums must be created in each province favoring the religious majority in the area.  It restricts constructions of houses of worship, requires a list of at least 90 attendees, letters of support from 60 people, and recommendations from the local religious forum. There is also the Blasphemy law, which sentences people to jail for 5 years for deviations from one of the 6 officially protected religions.

Religious laws even infiltrate into adoptions. A 2014 law states that, “Adoptive parents should have the same religion as the child.”

This came into contention when a Christian woman tried to adopt an orphaned baby. Indonesian law states that “In cases in which the origin of the child is unknown, then the child’s religion is conformed to the religion of the majority of the local population.” The child was to be assimilated into the Muslim faith not the Christian faith, thus the woman could not adopt the child.

Ida Maharani Hutagaol, a policewomen in Binjai found the child almost dead in a cardboard box . She was part of the team that brought the child to the hospital. Since then she had become attached to the child, visiting him frequently.

She had filed the paperwork, met the requirements for income, health, and family background. The child was even to be listed as her sole inheritor. However, the Social Service rejected her.

This law, while discriminating against religious beliefs, also hinders child development of orphans in Indonesia. It makes it difficult for qualifying homes and families to adopt abandoned children because they are assimilated into the Muslim faith. The child is still reported to be in the orphanage.

The Social Services report that if the policewoman is still interested in adopting a child it is easy to do so if she visits an orphanage of her faith.

 For more information, please see:

Human Rights Watch – Indonesia’s Religious Minorities Denied Adoption Rights – 23 October 2017

Coconuts – Viral photo of policewoman, unable to adopt abandoned baby because she’s not from ‘majority religion’, pulls heartstrings in Indonesia – 10 October 2017

The Jakarta Post – Adoption rule strips kids of right to family life – 12 October 2017

Spain government deprives Catalonia of autonomy

By: Sara Adams
Impunity Watch News Reporter, Europe

Protesters march against the Spanish government’s decision in Barcelona, including the Catalan President in the center. Image courtesy of Ivan Alvarado. 

BARCELONA, Spain – Several weeks after the controversial referendum for Catalan independence, the Spanish government has announced it will place direct federal government rule over the region.

This means that Prime Minister Mariano Rajoy will invoke Article 155 of the Constitution. Article 155 effectively deprives Catalonia of its autonomous status within the country.

Recently, the Spanish government asked the Catalonian government whether it was declaring independence or not. This move on October 20th comes after Catalonia failed to respond to Mr. Rajoy’s calls for talks between the two governments.

Carles Puigdemont, the leader of the Catalan government, was given until 10 o’clock a.m. on Thursday, October 19th to openly declare independence or not.

Subsequently, Mr. Puigdemont, through a spokesperson, told ABC News that he was ready to “show internationally how pacifist and open to dialogue Catalonia is.” The spokesperson added, “Spain refused to meet him in person despite the ongoing conflict.”

With the imposition of Article 155, the Spanish government now has the Constitutional authority to take administrative control of Catalonia.

This means a new election will be held, possibly in January, to bring in new regional leaders.

The Spanish government has told citizens to ignore local governmental directives, including law enforcement, until the new elections.

Several thousand protestors marched in the streets of Barcelona on October 21st in response to the decision.

Some Catalan parliament leaders are calling Mr. Rajoy’s move a “de facto coup d’etat.”

One of the leaders, Carme Forcedell, called Rajoy’s move an “enormous political irresponsibility” that “trespassed all limits.”

But the Spanish Foreign Minister, Anfonso Dastis, has asserted that this does not amount to a “coup.”

“If anyone has attempted a coup, it is the Catalan regional government,” Mr. Dastis said.

This is the first time Article 155 has been brought up since before Spain became a democracy. It has led some to fear for the future of freedom in the country, which was ruled by a military dictatorship between 1939-1975.

The last time Catalonia did not have autonomy was under the dictator’s rule between those years.

This has led to many fears over the future of Spanish democracy and control over Catalonia.

As tensions continue to rise, Catalonia will be under the authority of the government from Madrid until further notice.

Mr. Rajoy hopes to have elections within the next six months.

For more information, please see:

BBC News – Spain Catalonia: Foreign minister denies ‘coup’ by Madrid – 22 October 2017

CNN – Catalonia’s leaders slam Spanish government plans for direct rule – 22 October 2017

The Guardian – Spain calls on Catalans to respect its decision to impose direct rule – 22 October 2017

The New York Times – Spain Will Remove Catalonia Leader, Escalating Secession Crisis – 21 October 2017

CNBC – Spanish government aims for January regional elections in Catalonia – 20 October 2017

ABC News – Spain prepares to suspend Catalonia’s autonomy amid independence disagreement – 19 October 2017

Supreme Court of Cambodia Dissolves Opposition Party

By: Brian Kim
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – The Supreme Court of Cambodia, on Thursday, November 16th, dissolved the main opposition party. The ruling banned the Cambodia National Rescue Party (CNRP), a 118-member party, from politics for five years. With elections coming up next year, Cambodia’s highest court eliminated the most viable challenger to the current administration.

Heavy security was present outside the Supreme Court when the ruling was made. Photo courtesy of Tang Chhin Sothy.

Prime Minister Hun Sen’s government has alleged that the CNRP has colluded with foreign countries to overthrow the current administration. Mr. Hun Sen has ruled Cambodia for 32 years.

The chief judge of the Supreme Court, who is a high-ranking member of the governing party, stated that the opposition party has committed a serious crime and that “the party will be dissolved according to Article 38 of the Law on Political Parties.” The chief judge is also known to be close to Prime Minister Hun Sen. The opposition party is unable to appeal the decision.

In early September, Kem Sokha, leader of the CNRP, was jailed on charges that he conspired with the United States government to overthrow Mr. Hun Sen’s government. He could spend 15-30 years in prison. Moreover, Sam Rainsy, former CNRP leader, fled to France in 2016 after being charged with defamation. Since then, forty-four of the opposition party members have fled Cambodia.

Furthermore, in August, organizations such as, the National Democratic Institute and Radio Free Asia were shut down.  Both were run by organizations in the United States.

This recent action by the Supreme Court of Cambodia is seen by many as an end to Cambodia’s democracy.

For more information, please see:

Aljazeera – Cambodia Supreme Court dissolves opposition CNRP party – 16 November, 2017

NYT – Cambodia’s Top Court Dissolves Main Opposition Party – 16 November, 2017

BBC – Cambodia top court dissolves main opposition CNRP party – 16 November, 2017

The Guardian – ‘Death of democracy’ in Cambodia as court dissolves opposition – 16 November, 2017

UN Peacekeeping Mission Led by Brazil Leaves Haiti in October 2017

By: Fernando Oliveira
Impunity Watch Reporter, South America

NEW YORK, United States – On October 15, 2017, relying on the United Nation Resolution 2,350/2017, the MINUSTAH (French acronym for United Nations Stabilization Mission in Haiti) left the Caribbean island, being replaced by the Mission for Justice Support (MINUJUSTH), now integrated by 295 police officers, meant to assist and strengthen local police forces.

Brazilian troops leaving Haiti. Photo courtesy of Tereza Sobreira.

The mission, led by the Brazilian army with the assistance of other 16 nations, commenced  in April 2004, two months after the then Haitian President Jean-Bertrand Aristide was ousted for the second time by local revolutionaries.  Indeed, soon after Aristides’ deposition, various armed gangs took the country’s capital, Port-au-Prince, mainly the neighborhood named Cité Soleil, and started to firefight among themselves in a dispute to take the country’s power. The situation, thus, became completely out of control.

As such, the most relevant goal of the U.N. peacekeepers was to quell those armed gangs, in order to stabilize the country again. After many years combating them, the MINUSTAH accomplished the mission and restored the peace in Haiti.

However, during that long period, the MINUSTAH faced some serious troubles such as militaries being charged of sexual abuse against Haitian teenagers, and unnecessary force used against civilians. Furthermore, diseases and natural catastrophes turned things more complicated. In fact, in 2010, a deadly earthquake destroyed almost the entire country; later on, in that same year, U.N. militaries from Nepal were blamed on a cholera outbreak, which killed over 9,000 Haitians. Beyond that, in 2016, Haiti was taken by the hurricane Matthew. All those disasters contributed to postpone the end of the operation.

Nonetheless, the mission is considered a success by the U.N. According to Sandra Honoré, U.N. special representative and head of MINUSTAH:

“These are all indications that the people of Haiti are ready to move forward.”

Now, MINUSTAH troops have been replaced by MINUJUSTH, which will operate in Haiti for about two years. As the local police gets ready to operate by itself, the U.N. police force will gradually withdraw, eventually putting an end to its intervention.

For more information, please see:

New York Times – U.N. Votes Unanimously to End Peacekeeping Mission in Haiti – 13 April 2017

Telesur – UN Military Force Led by Brazil Will Leave Haiti in October – 22 April 2017

Newsweek – After 13 Years and Several Scandals, U.N. Votes To End Mission In Haiti – 13 April 2017

BBC News – Brazil plans Haiti peacekeeping withdrawal, says Amorim– 6 September 2011

EBC Agencia Brasil – Brazil prepares for final withdrawal of Haiti mission – 22 July 2017

Los Angeles Times – U.N. peacekeepers are leaving after more than two decades, but where does that leave Haiti? – 17 April 2017