Amnesty links 'increased lawlessness' to U.S. occupation
Editor's note: In continuing coverage of the annual report on human rights violations from Amnesty International covering 149 countries, below are abridged versions of the report's findings pertaining to Saudi Arabia, Iran, Iraq, Afghanistan, Libya and Morocco/Western Sahara. To view the full report, visit www.amnesty.org
Iraq-
U.S.-led forces in Iraq committed gross human rights violations, including unlawful killings and arbitrary detention, and evidence emerged of torture and ill-treatment. Thousands of Iraqi civilians were killed during armed clashes between coalition forces and Iraqi security forces on the one side, and Iraqi armed groups on the other. Armed groups committed gross human rights abuses, including targeting civilians, hostage-taking and killing hostages. Women continued to be harassed and threatened amid the mounting daily violence. The death penalty was reinstated in August by the new interim government.
Detention without charge or trial:
Thousands of people were held without charge on suspicion of anti-coalition activities and their legal status at the end of the year was not clarified. Many were held in harsh conditions, including in unacknowledged centers, for months and were denied access to lawyers and families for long periods.
Releases:
Hundreds of detainees were released during 2004. On 23 March coalition forces announced the release of 494 detainees because they no longer posed a "security threat." On 15, 16 and 30 September, a total of 563 detainees were reportedly released from Abu Ghraib Prison.
Torture and ill-treatment by coalition forces:
Torture and ill-treatment by coalition forces were widely reported.
Killings of civilians:
Hundreds of Iraqi civilians were killed by coalition forces when they launched major attacks against insurgents in Fallujah, Baghdad, Mosul, Samara and other cities and towns. In February U.K. officials said that U.K. forces had been involved in the killing of 37 civilians since 1 May 2003, and acknowledged that the figure was not comprehensive.
Inadequate investigations by U.K. and U.S. governments:
U.S., U.K. and other foreign forces in Iraq continued to enjoy immunity from Iraqi criminal and civil law. They remained subject solely to the jurisdiction of their own states. Only a minority of killings of Iraqi civilians and other alleged abuses involving multinational forces were investigated, and those investigations that did take place were often inadequate and shrouded in secrecy. In many cases, victims' families were not told how to apply for compensation, or were given misleading information.
Abuses by armed groups:
Armed groups opposed to the presence of coalition forces in Iraq were responsible for gross human rights abuses which caused thousands of civilian casualties.
Violence against women:
Women and girls continued to be harassed, injured and killed by armed groups and individuals, relatives, and members of the coalition forces. There continued to be reports of "honor killings" in which women and girls were killed by male relatives in connection with alleged "immoral behavior." These crimes were often ignored by the police.
Death penalty:
In August, the Iraqi interim government reinstated the death penalty for a range of crimes including murder, drug trafficking, kidnapping and "endangering national security." Although the authorities justified the reimposition of the death penalty on grounds of the deteriorating security situation, there were indications that some Iraqi officials opposed its use.
Judicial proceedings against former government leaders:
On 1 July, former President Saddam Hussein and 11 senior members of his government appeared before the Iraqi Central Criminal Court and not the Iraqi Special Tribunal which was set up in December 2003 specifically to try Saddam Hussein and other former officials. They were charged with crimes punishable under Iraqi legislation. However, defense counsel was not made available to the accused.
Afghanistan -
Lawlessness and insecurity increased, hampering efforts toward peace and stability. Anti-government forces killed civilians involved in the electoral process, making large parts of the country inaccessible to humanitarian organizations. U.S. forces continued arbitrary and unlawful detentions and failed to conduct independent investigations of reports that Afghan prisoners had been tortured and ill-treated. Armed groups committed abuses against civilians with impunity, including the abduction and rape of girls. Justice and redress were unobtainable for women who experienced widespread discrimination and violence in the community, including abduction, rape and forced marriage. Refugees were pressured into returning to Afghanistan despite continuing threats to their safety. A military commander was secretly executed after an unfair trial.
Abuses by armed groups:
Armed groups across the country consolidated their control over the local population and were responsible for killing civilians, aid workers, election officials and potential voters. By the third quarter of 2004, at least 21 aid workers, mostly Afghan nationals, had been killed.
Violence against women:
Women continued to face systematic and widespread violence, and public and private discrimination. In the family, extreme restrictions on women's behavior and high levels of violence persisted. Election officials registering women voters were among those killed by armed groups.
Ineffective justice system:
The judiciary remained ineffective, corrupt and susceptible to intimidation from armed groups. Courts barely functioned in rural areas. Judges and lawyers were frequently unaware of the law and allowed severe discrimination against women. Rape, forced marriage and the exchange of girls to settle disputes were frequently not treated as crimes. Detainees were held for prolonged periods of time without legal basis and denied a fair trial.
Abuses by U.S. forces:
Evidence emerged that U.S. forces had tortured and ill-treated detainees in the "war on terror" in Afghanistan. Suspects were detained without legal authority and held incommunicado, without access to lawyers, families or the courts. Reports continued of civilian deaths as a result of U.S. air strikes.
Impunity:
Regional officials and commanders with a record of human rights violations flaunted their impunity, some of them maintaining links with armed groups responsible for abuses. Little progress was made in bringing to justice those responsible for war crimes, including mass killings and rape, committed during the armed conflicts since 1978. Despite repeated calls for independent investigations of deaths in custody and reports of torture by U.S. forces, investigations were conducted under the auspices of the U.S. Department of Defense. Requests for access to detainees by UN human rights experts and by the AIHRC and other nongovernmental bodies continued to be refused.
Death penalty:
At least nine men were sentenced to death in 2004.
Saudi Arabia -
Killings by security forces and armed groups escalated, exacerbating the already dire human rights situation in the country. Scores of people, including peaceful critics of the state, were arrested and over two dozen suspected in connection with the "war on terror" were detained following their forcible return by other countries.
At least five possible prisoners of conscience were tried following hearings that failed to meet international standards, but the status of others, including the hundreds held from previous years, remained shrouded in secrecy.
The debate on discrimination against women, which began in previous years, gained further momentum with a sharp focus on domestic violence and political participation.
Allegations of torture were reported and flogging, which constitutes a cruel, inhuman and degrading punishment and may amount to torture, remained a routine practice. At least 33 people were executed. Approximately 600 Iraqi refugees remained as virtual prisoners in Rafha Military Camp. Optimism spread among foreign workers following measures announced by the government to protect their economic and social rights, and the country was deemed to have made progress in the alleviation of poverty. Amnesty International continued to be denied access to the country.
Killings:
Killings by security forces and armed groups escalated, resulting in dozens of deaths. Most killings by security forces took place in Riyadh, Makkah and Jeddah. Some took place during clashes with armed groups and gunmen wanted by the authorities. However, most took place following car or street chases and house raids by security forces. The government invariably announced that those killed were armed gunmen, but due to secrecy it was not possible to assess whether this was accurate.
Dozens of people were killed by armed groups and gunmen in different parts of the country. The killings were carried out during armed attacks and following hostage-taking operations.
Political prisoners and possible prisoners of conscience:
Arrests were carried out throughout the year of suspected members and sympathizers of armed groups and, in some cases, peaceful critics of the state.
Scores of people were arrested in connection with armed groups, including some whose names appeared on a list of 26 wanted men published by the government in December 2003. The arrests were carried out following armed clashes, street chases, house raids, forcible handover by other countries or after surrender by the suspects during a one-month amnesty announced by the government on 23 June. The legal status, places of detention and well-being of most of those detained remained shrouded in secrecy, in violation of international standards which prohibit prolonged incommunicado detentions and "disappearances."
Women's rights:
The debate on women's rights continued with a strong focus on domestic violence and the right to political participation.
Torture and ill-treatment:
The strict secrecy surrounding arrests and detention prevented assessment of the scale of torture and ill-treatment of people arrested during or after violent incidents or under the "war on terror" policy. However, there were concerns over televised "confessions" of some of these detainees. There were also reported allegations of torture.
Flogging:
Flogging remained a routine corporal punishment imposed by courts as a main or additional sentence.
Refugees:
Voluntary repatriation of some 3,500 Iraqi refugees from the Gulf war of 1991 was reportedly suspended in May following deterioration of the security situation in Iraq. Approximately 600 refugees reportedly remained as virtual prisoners in the Rafha Military Camp in the northern desert near the border with Iraq. They were denied the opportunity to seek asylum in Saudi Arabia.
Death penalty and executions:
At least 33 people, including a Sri Lankan woman and 13 male foreign nationals, were executed. According to the government they were convicted of murder, rape or drug-related offenses.
Economic and social rights:
Optimism spread among the more than 7 million foreign workers about their economic and social rights, and the UN indicated Saudi Arabia had made progress in the fight against poverty. The government announced plans to reform the labor law that would improve protection of the rights of foreign workers. It also announced it had taken punitive measures against employment agencies and employers who mistreated workers. It said it had strengthened labor complaints' mechanisms and urged abused workers to submit complaints.
Iran -
Scores of political prisoners, including prisoners of conscience, continued to serve prison sentences imposed following unfair trials in previous years. Scores more were arrested in 2004, many in connection with press articles or publications both in print and on the Internet which were alleged to "endanger national security" or defame senior officials or religious precepts. Many of the families of those arrested also faced intimidation. Independent human rights defenders were harassed. At least two individuals died in custody and 159 people were executed, including one minor. At least two of the 36 people who were flogged reportedly died following the implementation of the punishment; no investigations were carried out into these deaths. The true number of those executed or subjected to corporal punishment was believed to be considerably higher.
Discriminatory law and practices:
Discriminatory laws and practices continued to be the source of social and political unrest and of human rights violations. People continued to be denied state employment because of their religious affiliation and political opinions under gozinesh, or "selection" provisions which serve to prohibit individuals from working for state bodies. Analogous laws applied to professional bodies such as the bar association or trades unions.
Freedom of expression and association:
Freedoms of expression and association came under attack throughout the year as a result of flagrant flaws in the administration of justice, coupled with a deeply politicized judiciary. Journalists faced politically motivated and arbitrary arrest, prolonged detention, unfair trials and imprisonment. The laws used to arrest and imprison journalists, relating to defamation, national security and disturbing public opinion, were vaguely worded and at variance with international standards. 2004 saw an increase in the harassment or intimidation of the relatives of detainees or people under investigation.
Impunity:
Impunity for human rights violations resulted in political instability and mistrust of the judiciary, which was perceived by many human rights activists as unwilling to uphold the law in an impartial manner.
Human rights defenders:
The award of the Nobel Peace Prize to human rights defender Shirin Ebadi in 2003 contributed to the growth and increasing self-confidence of civil society. Nevertheless, independent nongovernmental organizations were hampered by a registration process that was open to undue influence. Human rights defenders also faced limitations on their movements. Defenders of women's rights protested against discrimination against women in the justice system and in some criminal cases secured last-minute suspensions of executions or pardons.
Legal reform:
In March, following repeated rejection, President Khatami withdrew bills that proposed extending the powers of the president and prohibiting the Guardians' Council from disqualifying parliamentary candidates. In May, Parliament again voted to ratify the UN Convention against Torture. Laws giving recognized religious minorities and women more rights were enacted in 2004 but in June the incoming Parliament rejected the previous Parliament's passage of a bill granting women equal inheritance rights with men.
Death penalty, torture and other cruel, inhuman and degrading punishments:
At least 159 people were executed in 2004, including at least one minor. Scores of others, including at least 10 people who were under 18 at the time the crime was committed were sentenced to death. The death penalty continued to be handed down for charges such as "enmity against God" or "morality crimes" that did not reflect internationally recognizable criminal charges. At least 36 people were sentenced to flogging, although the true figure was thought to be significantly higher. Torture continued to be routine in many prisons.
Libya -
The country was reopened to international human rights monitors, namely Amnesty International. Over the course of the year, the authorities announced several reform initiatives, including the possible abolition of the People's Court and a restriction of the scope of the death penalty. However, limited progress was made in establishing the truth about how prisoners died in custody in past years. No significant steps were taken to shed light on other past human rights violations, including "disappearances." Prisoners of conscience detained in previous years remained in prison. Legislation criminalizing peaceful political activities remained in force. The security forces continued to arbitrarily arrest people for political reasons and to detain them incommunicado for long periods without charge. Migrants and asylum-seekers were not protected. Unfair trials before the People's Court continued to take place. The death penalty continued to be handed down.
Freedom of expression and association:
Legislation continued to prohibit the formation of associations or political parties outside the existing political system. With the exception of the Human Rights Society of the Gadhafi International Foundation for Charitable Associations, which is headed by Saif al-Islam Gadhafi, the son of Muammar Gadhafi, human rights organizations or individuals wishing to carry out human rights work continued to be prevented from operating freely.
Unfair trials:
Cases continued to be heard by the People's Court, despite calls by Gadhafi for its abolition. Trials before the court continued to fall short of minimum standards for fair trial.
Death penalty:
Despite Gadhafi's stated opposition to the death penalty, which he reiterated to AI in February, death sentences continued to be handed down, including after unfair trials.
Morocco/Western Sahara -
An Equity and Reconciliation Commission was inaugurated to look into hundreds of cases of "disappearance" and arbitrary detention in previous decades. The authorities continued their clampdown on suspected Islamist activists, sentencing more than 200 people to prison terms. Several of those sentenced had allegedly been tortured during questioning by the security forces. Other breaches of the right to a fair trial were reported. The authorities drafted a law to combat torture and said in July that allegations of torture reported in 2002 and 2003 would be investigated. The legal framework for women's rights was significantly improved. A royal pardon was granted to 33 people, including political prisoners and prisoners of conscience.
Equity and Reconciliation Commission:
On 7 January an Equity and Reconciliation Commission was inaugurated by King Mohammad VI to "close the file on past human rights violations." One of its tasks is to complete payment of compensation to victims of "disappearances" and arbitrary detention that occurred between the 1950s and 1990s. The commission is also charged with providing other forms of reparation to enable victims to be rehabilitated and reintegrated into society, and with proposing measures to prevent recurrence of such human rights violations. By December the commission had received requests for reparations concerning more than 16,000 victims. However, the commission's statutes categorically excluded the identification of individual perpetrators and rejected criminal prosecutions, prompting the UN Human Rights Committee in November to express concern no steps were planned to bring to justice those responsible for "disappearances."
Abuses during the 'counter-terrorism' campaign:
The authorities continued their clampdown on suspected Islamist activists, a campaign that began in 2002 and intensified following the killing of 45 people in bomb attacks in Casablanca on 16 May 2003. Over 200 people were sentenced to prison terms ranging from several months to life imprisonment, convicted of belonging to "criminal gangs" or of involvement in planning violent acts. Those sentenced to death in 2003 remained in custody at the end of the year. No executions have taken place in Morocco/Western Sahara since 1993. Several of those sentenced in 2004 were allegedly tortured to extract confessions or to force them to sign or thumbprint statements they rejected. Other breaches of the right to a fair trial were reported, such as the frequent rejection by courts of requests by defense lawyers to call defense witnesses.
Women's rights:
On 3 February, a new Family Code was promulgated which significantly improved the legal framework for women's rights.
Pardon of political prisoners:
On 7 January, a royal pardon was granted to 33 people, including political prisoners and prisoners of conscience. Among them were human rights defenders, journalists and Islamist activists.
Rights of migrants:
Hundreds of migrants, most from sub-Saharan Africa, were arrested and deported. Several alleged that the security forces used excessive force during arrest or tortured or ill-treated them in custody. In April, two Nigerian nationals died reportedly after being shot by the security forces near the border with the Spanish enclave of Melilla. The authorities launched an investigation into the incident.
Expulsion of journalists:
At least five foreign journalists reporting on Western Sahara were expelled, apparently as part of an attempt by the authorities to prevent independent reporting on the territory. The expulsions were not preceded by judicial rulings and the journalists were not allowed to submit reasons against their expulsion or to have their cases reviewed by a judicial authority.
Polisario camps:
The Polisario Front freed 200 Moroccan prisoners of war whom it had captured between 1975 and 1991 and detained ever since in its camps near Tindouf, south-western Algeria. One hundred were released in February and another 100 in June. They were then repatriated under the auspices of the International Committee of the Red Cross. However, 412 remained in detention at the end of the year. Under international humanitarian law, the Polisario Front was obliged to release the prisoners without delay after the end of armed hostilities in 1991 following a cease-fire brokered by the UN. Those responsible for human rights abuses in the camps in previous years continued to enjoy impunity.




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