Deported Sri Lankan Refugees Fear Torture at Home

By Irving Feng
Impunity Watch Reporter, Asia

The UK denied asylum for Sri Lankan refugees and deported them back to their potentially dangerous homeland where the refugees fear violence and torture.

UK Tamil population protests deportations. (Photo courtesy of BBC)

The Sri Lankan refugees who have been denied asylum belong to the Tamil ethnic group.  Many of these refugees had been involved with, or supported, the separatist group, the Tamil Tigers, that fought in a civil war for self-rule for twenty six years in Sri Lanka.  The civil war drew to a conclusion in 2009 after producing roughly 100,000 casualties.

Human rights groups and the refugees themselves have alleged mistreatment for those returning back to post-civil war Sri Lanka.  There have been reports of detainment, physical abuse and torture for any returning Tamils that were known associates or loose affiliates of the separatist group, the Tamil Tigers.

Sri Lankan presidential adviser, Rajiva Wijesinha, reminds the public, however, that the UK itself has quelled these public fears and the returning refugees would not be subject to torture or mistreatment of any kind.  The UK alleges that only high level activists within the Tamil Tiger organization returning to Sri Lanka may be targeted by the government.  Other returning refugees are in no such danger.

However, conflicting reports from human rights groups have alleged that any refugees associated with the separatist group, no matter their level of involvement, would be at risk for mistreatment.  One Tamil man’s reaction was that he would rather commit suicide in the UK after being denied asylum rather than returning to Sri Lanka and be subject to torture.

Malar Rajendran may be a living example of the Sri Lankan government mistreating returning Tamil refugees.  Rajendran’s husband was a low ranking member of the Tamil Tiger organization.  When Rajendran’s initial asylum application had been denied, she was deported back to Sri Lanka in 2009.  The 49 year old woman was immediately detained upon her return, and she experienced brutal physical punishment including being kicked, punched and beaten with an iron rod.  Rajendran was also sexually assaulted and raped multiple times by her detainers.

Rajendran’s horrific experience pushed her to escape Sri Lanka and seek asylum for a second time in the UK.  The tragic evidence left on Rajendran’s body due to the physical and sexual abuse she experienced after her first deportation persuaded officials in the UK to grant her application for asylum.

Despite human rights groups’ reports of mistreatment and examples like Rajendran’s firsthand experience with brutal physical and sexual mistreatment, asylum applications continue to be denied by UK officials and the deportations continue.  The UK continues to deport asylum seekers who they believe no longer require the protection of their borders.

 

For further information, please see:

BBC – Deported Sri Lankans arrive home from UK amid torture fears – 20 September 2012

The Indian Express – UK to evict Lankan asylum seekers despite ‘Tamil allegations of torture’ – 19 September 2012

The Guardian – Britain is returning Tamil refugees to be tortured in Sri Lanka – 19 September 2012

Al Jazeera – Tamil asylum seeker in UK voices torture fear – 18 September 2012

European Parliament Takes First Significant Step in Implementing EU Wide Visa and Financial Sanctions Against Magnitsky’s Killers

Press Release 
Hermitage Capital

20  September  2012 –  Today,  the foreign affairs committee of the European Parliament voted  62-2  (with  1  abstention)  in favor of a resolution to recommend  to  the  European Council of Ministers to “establish a common EU list  of  officials  responsible for the death of Sergei Magnitsky, for the subsequent  judicial  cover-up and for the ongoing and sustained harassment of  his mother and widow” and, “impose and implement an EU-wide visa ban on these  officials and to freeze any financial assets they or their immediate family may hold inside the European Union”

The  EU  Council  of  Ministers  is the key decision making body of foreign ministers from the 27 EU member states and is empowered to implement a visa ban  and asset freeze. Although many national EU parliaments have called on their  governments  to  impose  national  Magnitsky  sanctions  against the Russian   officials   who  killed  Magnitsky  in  the  past,  the  national governments  have been reluctant to do so in fear of retaliation by Russia.

By  having  the  visa ban proposal initiated by the European Parliament, it bypasses  any  individual  country  risking a confrontation with Russia and allows for a common EU approach towards the problem. This same approach was taken  by  the  European  Commission  in relation to anti trust issues with Gazprom.

This  step  by the European Parliament follows two previous resolutions: in December 2010 (http://russian-untouchables.com/rus/docs/D405.pdf),  and in December 2011 calling for sanctions in the Magnitsky matter in case of “further inaction by the Russian authorities for the Council to take  into consideration actions such as an EU‐wide travel ban and a freeze on  the  financial assets of those found guilty of the torture and death of Sergei Magnitsky as well as covering up the case.” (http://russian-untouchables.com/rus/docs/D406.pdf)

Since it has been nearly three years since the case was first raised at the European  Parliament,  the Foreign Affairs Committee has now concluded that no  progress  has  been  made  and  are  swiftly  moving  forward  with the implementation of sanctions in this case.

The  resolution  was  put forward by Kristiina Ojuland MEP (Estonia) who is ALDE  Spokesperson on Russia and was appointed Rapporteur on the ‘Magnitsky Report’  for  the European Parliament. In that capacity she was responsible for  drafting  a recommendation to the European Parliament on how to impose EU  sanctions  on the Russian officials responsible for the death of Sergei Magnitsky.

In response to today’s vote, she said:

“The adoption of the report by the Foreign Affairs Committee in the European Parliament today is a crucial step in getting the visa restrictions and asset freezes in place against the people who were involved in the death of Sergei Magnitsky. These targeted sanctions proposed in the Magnitsky report put real pressure on Russian authorities to start taking criticism on human rights seriously. These sanctions are not directed against the Russian people, but area against corruption and human rights violators.”

The next step in the process is for the full European Parliament to vote on the  resolution at the plenary session of the Parliament which is scheduled to take place in October.

Link to the draft Report:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-492.835+01+DOC+PDF+V0//EN&language=EN

For further information please contact:
Hermitage Capital
Phone:              +44 207 440 17 77
E-mail:             info@lawandorderinrussia.org
Website:           http://lawandorderinrussia.org
Facebook:         http://on.fb.me/hvIuVI
Twitter:            @KatieFisher__
Livejournal:      http://hermitagecap.livejournal.com/

Sanctions Against Burma Ease Up After It Releases More Prisoners

By Karen Diep
Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar – Yesterday, Myanmar released about 60 political prisoners in new amnesty a day after the Myanmar government claimed it would pardon hundreds of inmates.  According to BBC News, Myanmar has released more than 500 prisoners, including a number of political detainees and foreigners.

Two recently released political prisoners. (Photo Courtesy of Time)

“We’re optimistic that these are the remaining political prisoners,” said Naing Naing, a member of Aung San Suu Kyi’s opposition National League of for Democracy (NLD).  However, human rights advocates are skeptical and cautioned that the exact number of political prisoners is unknown.

“While another prisoner amnesty is welcome in principle, like everyone else we’re left waiting to see the list before we assess how many political prisoners are included, what it means and how significant it is,” shared Phil Robertson, Human Rights Watch’s Deputy Director for the Asia Division.

“The problem is there is a lack of transparency from the Burma government about who is a political prisoner, where they are, and how many are left,” continued Mr. Robertson.

According to France 24, the exact number of political detainees still imprisoned varies but opposition groups have estimated 300 activists.

This act by the Myanmar government seems to be an attempt for the United States (U.S.) to further alleviate sanctions ahead of President Thein Sein’s visit to the United Nations (U.N.) General Assembly in New York City this September.

“I think political prisoners are bargaining chips for Thein Sein’s policies,” said Bo Kyi, the Joint Secretary of the Thailand-based Assistance Association for Political Prisoners.

According to Boston News, after fifty years of military rule, the Myanmar government’s linchpin in policy reform is political prisoners’ freedom.

On Monday, the European Union (EU) advised preferential trade status for Myanmar.  According to the Wall Street Journal, Myanmar authorities are optimistic the U.S. will continue to ease its sanctions when President Thein Sein visits New York City.  Moreover, U.S. officials are currently contemplating how and when to ease a ban on Myanmar made-products.

For further information, please see:

Boston News – Myanmar is called insincere on political prisoners – 18 September 2012

France News – Burma releases political prisoners in new amnesty – 18 September 2012

BBC News – Burma releases 500 prisoners in amnesty – 17 September 2012

Wall Street Journal – Myanmar Releases Prisoners as Suu Kyi Visits U.S. – 17 September 2012

Palestinian Detainees’ Lives at Stake in Hunger Strike

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

JERUSALEM, Israel — The International Red Cross issued a warning last Friday that three Palestinian hunger strikers were at risk of death in an Israeli jail.  The three men, Samer Al-Barq, Hassan Safadi, and  Ayman Sharawna, began their hunger strikes on May 22, June 21 and July 5, respectively, to demand better conditions of Israeli prisons, and an end to arbitrary administrative detention and long-term isolation.

Relatives of Al-Barq, Safadi, and Sharawna call for their release during a protest in Gaza City. (Photo courtesy of Ma’an News)

“These people are going to die unless the detaining authorities find a prompt solution,” the head of the International Committee of the Red Cross delegation in Israel and the occupied territories, Juan Pedro Schaerer, said in a statement.

Al-Barq originally began his hunger strike on April 15, when he took part in a mass hunger strike with approximately 2,000 other Palestinian prisoners to protest prison conditions.  He ended his hunger strike on May 14, and resumed it again on May 21 after Israel issued new administrative detention orders.  Al-Barq has been on a hunger strike for 120 days, and due to his current condition he is unable to walk.  He was moved from his prison cell to a civilian hospital last Sunday, but details on his current condition are not available.

Like Al-Barq, both Safadi and Sharawna have suffered physical ailments because of their hunger strikes.

Safadi has been on a hunger strike for 86 days.  Fares Ziad, a lawyer for a prisoner rights group called Addameer, says that Safadi  has been suffering from heart contractions and chronic pain in his kidneys and joints.  Ziad says that Israel has detained Safadi multiple times since the 1990’s without ever raising charges against him.

Sharawna, whose hunger strike has lasted 76 days, was released from prison in 2011 when Israel swapped prisoners with Hamas, yet he was arrested once again by Israeli forces last January without ever being charged.  He has lost 86 percent of the vision in his right eye and was vomiting blood as of last week.

Meanwhile, Zakaria Zubeidi, who was arrested by the Palestinian Authority on May 13, has refused food in protest of his detention without charges or trial.  He told his lawyer that Palestinian authorities had tortured him and denied him access to both a lawyer and his family for an extended period.  Palestinian interrogators claim that Zubeidi knew the location of guns that were used by Palestinian armed groups when they fired shots into the home of the governor of Jenin, in the northern West Bank.

Zubeidi began his hunger strike on September 9, when a judge extended his detention for eight days.  He began accepting fluids after September 11 when he started suffering from kidney problems related to the strike.  Zubeidi said he would resume a total hunger strike until death after the court extended his detention to give the prosecution additional time to build their case.

For further information, please see:

Al Resalah — Fears for Palestinian Hunger Strikers’ Lives — 19 September 2012

Al Jazeera — Palestinian Hunger Strikers ‘Close to Death’ — 18 September 2012

Human Rights Watch — Israel/Palestinian Authority: Charge or Free Palestinian Detainees — 18 September 2012

Ma’an News Agency — Red Cross Warns Hunger Strikers Risk Death — 14 September 2012

Ghanaian Supreme Court Judge Elected as New President of African Court on Human and People’s Rights

By Ryan Aliman
Impunity Watch Reporter, Africa

DODOMA, Tanzania – On Tuesday, September 18, the African Court on Human and People’s Rights (AfCHPR) elected Justice Sophia A. B. Akuffo from Ghana as its new President for a two-year term.

Justice Sophia A. B. Akuffo replaces Justice Gérard Niyungeko as new President of African Court. (Photo Courtesy of AfCHPR)

Justice Akuffo succeeds Justice Gérard Niyungeko from Burundi who served as the first President of the AfCHPR from 2006 to 2008 and was re-elected for the 2010 to 2012 term.

Justice Sophia Akuffo’s election as President was held during the AfCHPR’s 26th ordinary session. She joined the AfCHPR as a Judge in 2006 and was re-elected in 2008 for a six-year term. The same year she was re-elected as AfCHPR Judge, she was also elected as Vice-President of the Pan-African Court for a two-year term. As soon as her term as Pan-African Court Vice-President ended, she was elected to the same position again in September 2010.

A Judge of the Supreme Court of Ghana, Justice Sophia A. B. Akuffo is an active member of several legal organizations in Africa, including the Advisory Committee of the Commonwealth Judicial Education Institute.

The President of the AfCHPR is elected among serving Judges of the Court for a two-year term. This term is renewable only once based on the Protocol establishing the African Court and the Rules of the Court.

With regard to the position AfCHPR vice-president, the vacancy has yet to be filled. According to Jean Pierre Uwanone, the AfCHPR spokesperson, the election of the vice-president will be announced at a later date this year.

Justice Sophia Akuffo’s election comes a day after the AfCHPR swore in two newly elected judges who were elected by the 19th Assembly of Heads of State and Government of the African Union. These two judges, namely Judges El Hadji Guissé and Ben Kioko, were elected on 16 July 2012 for a six year term each. Earlier during the Judges’ swearing-in ceremony, the AfCHPR dedicated a minute of silence in memory of the late Ugandan Justice Joseph Nyamihana Mulenga who passed away last month. The AfCHPR has not named Justice Nyamihana’s replacement yet.

The AfCHPR, an Arusha-based court, was established by African countries to ensure the protection of human and peoples’ rights in the continent. It is a judicial body that aims to complement and reinforce the functions of the African Commission on Human and Peoples’ Rights.

To date, only 26 African states have ratified the AfCHPR Protocol which include Algeria, Burkina Faso, Burundi, Ivory Coast, Comoros, Congo, Gabon, Gambia, Ghana, Kenya, Libya, Lesotho, Mali, Malawi, Mozambique, Mauritania, Mauritius, Nigeria, Niger, Rwanda, South Africa, Senegal, Tanzania, Togo, Tunisia and Uganda.

 

For further information, please see:

All Africa – African Court Elects New President – 19 September 2012

Leadership – African Court Elects New President – 19 September 2012

African Court on Human and People’s Rights – Justice Sophia A. B. Akuffo Is Elected President of the Court – 18 September 2012

IPP Media – Two new judges elected to Africa Human Rights court – 14 September 2012

African Commission on Human and Peoples’ Rights – Opening Statement of the Vice-President of the African Court on Human and Peoples’ Rights, Hon. Sophia Ab Akuffo – 28 April 2011