Croatia Limits Humans Rights Of The Mentally Disabled

By Ricardo Zamora
Impunity Watch Reporter, Europe

ZAGREB, Croatia – The conclusion of a recent human rights report suggests that the Croatian government is forcing individuals with intellectual or mental disabilities to live in institutions which deprive them of their privacy, autonomy, and dignity.  The government has failed to provide alternative care options as promised to the European Union and the United Nations, according to Human Rights Watch.

The report, “Once You Enter, You Never Leave: Deinstitutionalization of Persons with Intellectual or Mental Disabilities in Croatia,” reveals the lives and living conditions endured by over 9,000 intellectually or mentally disabled people living in these institutions.

“Imagine always having to ask permission to leave the place where you live, having no privacy to take a shower, and no chance to decide what to eat or when to go to bed,” said Amanda McRae, fellow with the Europe and Central Asia division at Human Rights Watch and the author of the report.  “This is the reality for thousands of people living in institutions in Croatia,” she added.

While community-based programs in other countries show effectiveness in offering disabled persons a better quality of life than those living in institutions, Croatia has resisted in implementing such programs.  This resistance runs contrary to its position among the first countries to ratify the UN Convention on the Rights of Persons with Disabilities.  The UN Convention expressly provides disabled persons the basic right to live in the community.  The report recommends that Croatia replace institutions with community-based programs in order to remain consistent with the Convention’s provisions.

“Real leadership on this issue will require a serious and sustained commitment to provide community-based housing and support for people with disabilities,” said McRae.

While up to 30 percent of persons live in these institutions by choice, Human Rights Watch cautions that such a choice is meaningless due to the lack of alternative options.

There are currently over 4,000 people with mental disabilities residing in institutions within Croatia.  While there are some community-based programs for the mentally disabled, there are only sufficient resources to support 16 people.  Similarly, while 5,000 people with intellectual disabilities are institutionalized, community-based resources for the intellectually disabled are able to support only 250 people.

The Croatian government plan for deinstitutionalization is part of its preparations for EU membership.  However, those plans have not yet been made public.  In the meantime, the number of institutionalized people continues to grow.

For more information, please see:

The Open Society Mental Health Initiative – Living Proof: The Right to Live In The Community – September 27, 2010

Human Rights Watch – Croatia: Locked Up, Limited Lives – September 23, 2010

UNHCR – Croatia: Unfulfilled Promises to Persons With Disabilities – September 8, 2010

Still no justice for victims of Guinea stadium massacre

By Polly Johnson
Impunity Watch Reporter, Africa

Relatives weep after learning the fates of their loved ones at the 2009 Guinea massacre. (Photo Courtesy of HRW).
Relatives weep after identifying the body of a loved one in 2009. No one has been prosecuted for the horrific crimes that took place at the Conakry massacre. (Photo Courtesy of HRW).

CONAKRY, Guinea – Families of the victims of the September 28, 2009 massacre in Conakry, in which junta troops murdered, raped, and tortured protesters at a political rally at Conakry’s biggest stadium, leaving one hundred and fifty seven dead, were unable to gather at the stadium to mark the one-year anniversary.

One year ago, thousands of peaceful protestors gathered at the Conakry stadium to protest the continued military rule of then-leader Captain Moussa Dadis Camara. Unable to suppress the rally, armed guards, anti-riot police, and militia in civilian clothes sealed the exits and opened fire on the protestors in the packed stadium. In addition to the murders, hundreds of women were raped at the stadium and others were detained for rape later. Protesters were illegally arrested and brutally tortured. In an attempt to hide the evidence, armed forces buried the bodies in mass graves.

Both the United Nations and the International Criminal Court deemed the crimes that occurred during the massacre as crimes against humanity.

The massacre stemmed from Guinea’s political structure. The army, which had at that time grown to a body of over thirty thousand men, ruled the country. In 2008, army captain Camara seized power and became leader of the military regime known as the Conseil National pour la Democratie et le Development (CNDD), which planned the attack in advance, according to HRW.

Camara was wounded in an assassination attempt last December and has been incapacitated since. General Sekouba Konate has been leading the transition until the election of a civilian president

Current presidential candidate Cellou Dalein Diallo said that if he were elected president, he would consider putting in place a Truth and Reconciliation Commission, “not necessarily to punish people but to condemn the really barbaric acts that were committed and which should be completely banned from our armed forces and the police.” Diallo was badly beaten himself in the massacre and treated for broken ribs.

The country has made important strides in the past year. The military is less visible. There are hopes that the October elections will bring democratic rule to the country.

But the perpetrators of the massacre are still free, and, according to HRW, the only way to break the cycle of impunity in Guinea is to bring the perpetrators to justice.

“While the mothers, fathers, spouses, and children of those murdered one year ago still grieve for their loved ones, the people who planned, perpetrated, and tried to cover up this atrocious act remain free men,” said senior West Africa researcher at HRW Corinne Dufka.

“The new government should waste no time in tackling the vicious cycle of violence and impunity that created the conditions for massacres like the one last year,” Dufka said. “Strengthening the judiciary and ensuring that those responsible for the 2009 violence are behind bars is a very good place to start.”

For more information, please see:

AFP – Guinea presidential hopeful seeks massacre truth commission – 28 September 2010

AFP – A year after Guinea massacre, culprits still free – 27 September 2010

Associated Press – Guinea massacre victims’ families unable to gather – 28 September 2010

BBC – Did Guinea democracy activists give their lives in vain? – 27 September 2010

Bloomberg – Guinea Failing to Prosecute Massacre Perpetrators, Human Rights Watch Says – 27 September 2010

Human Rights Watch – Guinea: One Year On, No Justice for Bloody Stadium Massacre – 27 September 2010

Poland Urged To Investigate Detainee’s Treatment In CIA Prison

By Christina Berger
Impunity Watch Reporter, Europe

WARSAW, Poland — The Open Society Justice Initiative urged Polish prosecutors last week to investigate the treatment of Abd al-Rahim al-Nashiri, the man accused of planning the 2000 attack on the USS Cole, at a CIA prison located in Poland. Amrit Singh, a senior legal officer with Open Society Justice Initiative, stated that al-Nashiri was the first CIA detainee to take legal action in Poland and expressed hope that Poland would launch a serious investigation into the treatment of detainees in their country in a continuing “quest for accountability.”

Al-Nashiri’s lawyers in Poland and the U.S. have made similar statements concerning their claim that Poland should do what they assert the U.S. refuses to. ”The American justice system has failed Mr. al-Nashiri,” said Nancy Hollander, al-Nashiri’s lawyer in the United States. ”The U.S. government has yet to provide any accountability for the illegal imprisonment or horrific torture to which U.S. agents have subjected him for almost a decade. Therefore, we are seeking to intervene in the investigation in Poland in the hopes that a court finally will recognize the injustice he has suffered.”

In response, the Polish government said that state prosecutors are already broadly investigating Poland’s possible role in the CIA’s global prison network. Jerzy Mierzewski, a prosecutor in Warsaw, stated that al-Nashiri’s petition does not necessarily require a separate investigation, but could be scrutinized as part of his office’s broader investigation.

Al-Nashiri claims he was imprisoned without a court proceeding, smuggled across borders, and then tortured in a manner violating the “most basic rules of the Geneva Convention.” He is still detained in Guantanamo today.

According to the AP, former U.S. intelligence officials speaking on the condition of anonymity have confirmed that al-Nashiri was taken to Poland’s CIA prison–code-named “Quartz”–before it was shut down in late 2003. Aleksander Kwasniewski, Poland’s president from 1995-2005, claims he was unaware of a CIA prison in Poland and Leszek Miller, Poland’s former prime minister, has denied that a CIA prison in Poland ever existed.

For more information, please see:

WARSAW BUSINESS JOURNAL — Prosecutors to investigate ‘CIA torture’ in Poland — 24 September 2010

AFP — USS Cole suspect wants probe of CIA sites in Poland — 22 September 2010

AP — Poles Urged to Probe CIA Prison Acts — 21 September 2010

VOICE OF AMERICA– Rights Group Seeks Polish Probe of CIA Detainee’s Treatment — 21 September 2010