Posts Tagged ‘torture’

new film shows rampant and systematic use of torture by Sri Lankan police

May 11, 2012

This recent film is not directly about Human Rights Defenders (although they are certainly victims of it) nor  about the treatment of ethnic minorities. Rather is demonstrates. through a large variety of interviews with victims, lawyers – including Basil Fernando of the Asian Human Rights Commission – and experts, how a lack of investigative skills and high-level condoning have led the Sri Lankan policy to use torture routinely. Most shockingly a former police officers confirms that this is what is expected from the police by the system. It has become a mindset at all levels, including most of the  judiciary. It is a long film but worth it. The Danish film maker, Josefina Bergsten, manages to demonstrate the disconnect between international procedures (which are based on functioning institutions that have to address a few bad apples) and the reality on the ground in Sri Lanka where the good apples are the exception. See it and forward it:  https://vimeo.com/41898677

‘media framing’ and the independence of the judiciary: the case of water boarding

April 30, 2012

What follows are my  SPEAKING NOTES ON THE OCCASION OF THE NJCM-THOOLEN AWARD  on Thursday 26 April 2012, the Hague. At this gathering of the Dutch Lawyers Committee for Human Rights (NJCM) I had the honor to hand over the award for the best master thesis on human rights. 

Dear friends,

When the Dutch Lawyers Committee, in 2005, decided to make an award in my name, I was most touched, especially as they had apparently dropped the requirement that I should die first.  Being alive has the additional advantage that on occasion I will be able to hand over the award myself, which I will do with the greatest pleasure in a few moments. This pleasure is the greater as the winning master paper touched on a topic very close to my heart: the role of the media or as it is sometimes referred to the “Fourth Estate”. There is some controversy about who exactly coined the term, but the most telling statement comes from Oscar Wilde who wrote: “Somebody — was it Burke? — called journalism the fourth estate. That was true at the time no doubt. But at the present moment it is the only estate. It has eaten up the other three. …”. That was said in 1981 and it is hard to imagine that that Oscar Wilde would come to a different conclusion more than a century later.

Spinning (an important element in the toolkit of media framing) has become a profession and the title ‘spin doctor’ is quite appropriate as the results are indeed often doctored. There are surely great historical cases that we cannot recognise because we ourselves have been successfully framed; who knows what positive image Attila the Hun could have enjoyed if only his PR people had done a more professional job. To take a more serious and recent case: let’s look at the so-called ‘failure’ of the UN in Somalia. This was a combined UN-US operation with a humanitarian mandate. When in October 1993, 18 U.S. Rangers were killed in a fierce battle with Aideed’s forces and television showed the body of a dead American soldier being dragged through the streets, American public opinion overnight turned against further U.S. involvement in Somalia and Clinton pulled out all troops soon afterwards. Although the Rangers were part of Washington’s own separate Somalia operation, and the US did not want to function under UN command, the incident was played and replayed as a major “UN failure.” The UN was widely, and wrongly, blamed for the gruesome deaths of the U.S. Rangers, despite the fact that they were not part of the UN operation, something that President Clinton finally acknowledged in 1996. Yet most people around the worlds continue to hold the UN responsible. I am afraid that each of us can probably come up with a favorite case of the media having got the better of the truth but that should not be tonight’s debate.

Laura Henderson in her paper “Tortured reality” has gone one important step further. She has investigated how media framing of waterboarding affects judicial independence. She had to limit herself to the US judiciary and to the specific case of ‘waterboarding’ in order to create an environment stable enough to draw some statistical conclusions. Her research is done very neatly. She makes clear that the concept of independence of the judiciary has always been defined broadly and not just as a prohibition of interference by the state, although that remains the classical background.  Cases of media pressure are dealt with in jurisprudence but they have always been considered in the context of an independent judge who is well-trained and not easily swayed by what the flimsy press has to say. The little jurisprudence there is does not contemplate a case of wilful, orchestrated influencing of all the media with the purpose of changing the perception and language of an existing concept.

What makes the study of Henderson stand out that it exactly tries pin down to what extent this has happened with the question whether the technique of ‘waterboarding’ changed in the minds of the judges after the 11 September watershed (no pun intended). The torrent of rhetoric not only framed everything in a ‘war’ context but also specifically tried to downplay the labelling of waterboarding as torture. And she did find the evidence. I will not reveal it all – you have to read for yourself the whole article once the NJCM has rightly published it. Laura herself indicates that further work is needed on how the independence of the judiciary is undermined by media framing and I hope that will be the case. She also gives some very useful indications of how the media framing could be countered, e.g. by strengthening the pluriformity of the media and raising the awareness of the judiciary. She describes her recommendations as ‘simple, yet effective”.  Here I beg to differ. There is nothing simple about changing the media landscape, especially if one adds the television and social media, which her study understandably had to leave out. The magnitude and multitude of media is such that no-one can really do much about it. All recent studies on the effect of the internet on our information intake show that they tend to solidify the dominant opinions/news/books etc, while giving great potential to small niche items, including the nutty and the genial. What gets squeezed is the moderate, considered, well-argued, balanced stuff in the middle. My fear is that the voice of the NJCM may well have the qualities described above!

In the end there can be only one winner. A feature of almost any award and painfully brought home two days ago in Geneva where I was for the announcement of the 3 nominees for 2012 Martin Ennals Award for Human Rights Defenders. All 3 nominees are extremely courageous Human Rights Defenders (Bahrain Centre for Human Rights, the multimedia monk form Cambodia, and Shirin Ebadi’s former lawyer: Nasrin Sotoudeh) and the Jury making the final choice on 2 October will have a hard time.

Still, the hard choices have been made already for the NJCM Thoolen Award – may I take this occasion to thank the Jury and Franka for their excellent work – and I am proud to hand over the prizes to the 3 finalists.

14 men disappeared in Mauritania AI video on YouTube

March 1, 2012

If you think that the day of disappearances like in the southern cone of Latin America in the 1970-80’s are over, look at this shocking video by AI re Mauritania,

14 men disappeared in Mauritania – YouTube.

Syria: UN High Commissioner for Human Rights does not mince words before General Assembly

February 16, 2012

While many of us are in despair over the inaction by the Security Council due to the exercise of a veto on geopolitical grounds, one high level official, Mrs Pillay, at least speaks out relentlessly, recently at the General Assembly of the UN in New York. The short video here embedded was uploaded by the UN:

States must “act now” to protect Syrian people, UN human rights chief tells General Assembly – YouTube.

European Human Rights Court confirms that Turkish migrant was subject to torture in Crete

January 21, 2012

This post wants to draw attention first to the good news that a torture victim was given compensation and secondly the positive role that a tenacious journalist can play. That the case occurred in what is now almost my home town Chania makes it only the more interesting to report on.

In a unanimous ruling delivered on January 17, 2012 the Strasbourg-based court said that Necati Zontul had suffered torture when a coastguard officer raped him with a truncheon at a makeshift detention centre for migrants in the Cretan city of Chania. In its ruling the Court, which includes a Greek judge, ordered Greece to compensate Zontul to the tune of 50,000 euros. The torture took place on 5 June 2001, nine days after Zontul had been taken to the centre along with 164 other undocumented migrants, all arrested on a boat that was intercepted by the coastguard as it made its way from Istanbul to Italy.

On 9 June 2001 the asylum-seekers were visited by members of Doctors of the World. They examined the men and sent photos to the local port authorities. The local human rights group of Amnesty International, the Greek Helsinki Monitor and UNHCR Greece all intervened is some stage and protested the cover up by the authorities as laid down in the detailed time table of events collected by the journalist Kathy Tzilivakis in her article of 27 February 2004: see: http://www.athensnews.gr/old_issue/13055/10953

On the basis of Zontul’s allegations, five coastguards were later tried by a naval tribunal on criminal charges of undermining human dignity. In October 2004, one of the five officers, Yiorgos Dandoulakis, was found guilty of sexually abusing Zontul and received a 30-month prison sentence suspended for five years. The three other defendants were charged with physically abusing many of the migrants and were given 18-month suspended sentences. On appeal, Dandoulakis had his punishment reduced to six months’ jail, which was commuted to a fine. The other officers also had their punishments reduced. The ECHR was particularly critical of the final penalty handed down to Dandoulakis, which it said was “disproportional” and “could not be said to have a deterrent effect nor could it be perceived as fair by the victim”. The ECHR also found that Zontul, who moved to the UK in 2004, was not kept informed by the Greek state on the progress of the proceedings against the coastguards.

“This is not a judgment against Greece but against corrupt people in Greece,” Zontul emphasised to Athens News. “The corruption that led to the present Greek financial crisis is the same sort of corruption that led to my assault and certainly lies behind the efforts made by the authorities to cover it up. This is a small step towards honesty and I am proud to be a part of that,” he added. Zontul thanked the newspaper for its reporting on the case: “Without the help of the Athens News, this story and the positive result would have never taken place and I would be just another nameless victim.”

In his letter to Athens News of 18 January, Zontul further writes: “This judgement means that Greek law (and particularly Article 137A) must now change to reflect the EU definition of torture. Greek law must also formally accept male rape as a legal concept (something that was unclear at the time of the assault and the initial trial. We also had confusing advice about whether this was defining in Greek law, but the EU judges make it very clear: what happened to me was both rape and torture). It has been a long, long struggle and much of it has been horrible. But there have also been many funny stories, particularly when we spoke to Greek authorities on the phone or even in person and they used ridiculous excuses to avoid taking responsibility. I can also think of many times when people in Athens were very kind to me and helped me through the worst times. We could certainly write a book about some of these stories!

But, I await a formal apology from the Greek president. I have written to request this again and again (and we will write again tomorrow) and I am appalled by his silence on this matter and by the utter rudeness of men in his office who have replied to none of my letters. What happened to me was done by men representing the state and wearing the uniform of Greece and it is clear that the Greek state (and a series of different governments) made a huge effort to hide their crimes. In the judgement, the Greek embassy [in London] rightly comes in for specific criticism. The issues are evasion, indifference and corruption. The last ten years have been very, very frustrating and this is in addition to the experience of torture I suffered in Crete. I also await an apology from the Greek Church for the ill-advised statements by [now deceased] Archbishop Christodoulous that followed my request for help.”

Bahrain, hell for human rights defenders

April 11, 2011

Human Rights Watch and the Cairo Institute for Human Rights Studies reported on Wednesday 6 April that hundreds of people have been detained or arbitrarily arrested in Bahrain, activists barred from traveling abroad and several protesters killed as security forces in balaclavas and military fatigues resort to excessive force and storm villages, hospitals and news organizations. They called on the UN to hold an emergency session on Bahrain.

The same day Mohammad al-Maskati, the head of Bahrain Youth Society for Human Rights, said in an interview with Press TV that the “Bahraini authorities are not only arresting the opposition leaders, but also human rights defenders, doctors, a lot of religious figures … anyone who may affect the situation in Bahrain”.

Bahrain’s leading opposition group, al-Wefaq, also says over 450 opposition activists, including 14 women, have been arrested since the uprising began in the tiny Persian Gulf state in mid-February.

On Thursday 14 April Nabeel Rajab, the president of the Bahrain center for Human Rights added during an interview with the Voice of America that the situation is ‘very critical’. “You have approximately one for every 1,000 citizens detained right now for political reasons”. The interviewer, Hilleary, asked what Rajab believed the detained persons are going through “I am afraid that many bloggers and [those] who are active in the net – on Twitter and Facebook – are facing very hard times at this point in time”. 
The interview then turned to his own risk (“are you fearful of speaking out?”). 
Rajab’s reply is worth quoting in full as it shows the uncompromising dedication that many Human Rights Defenders share: “Arrests, harassments and intimidation will never stop an activist who believes in his work and believes in the importance of his work. I do believe in my work very much. I was arrested, as I told you, and I was beaten up, but that has encouraged me to do more activism, believing [that] this situation cannot continue. And this activism that we are doing – it has a cost. The cost might reach – it might be our life – but, you know, once we believe in our work, once I believe in my work, I am willing to see [through] the changes that I am fighting for.

The international human rights movement should ensure that it does not have to come to such sacrifices and that is what this little blog is about.

 

Front Line expresses grave concern about disappearance of human rights lawyers in Syria

March 31, 2011

Yesterday, Wednesday  30 March, Front Line – one of the 10 NGOs in the Jury of the MEA –  issued an urgent appeal concerning a number of human rights lawyers that have been disappeared amid the upheaval of the last weeks. Between 5 and 27 March 2011, a number of human rights lawyers may have been arrested and remain detained in undisclosed locations in Syria, including Messrs Hussain ‘Issa and Tamer Al-Jahmani, Sulayman Nahili, Nidal Al-Shaykh Hammoud and Muhammad Ibrahim ‘Issa. It is believed that they are at risk of torture and ill treatment.

Front Line notes that “these arrests reflect an ongoing and widescale crackdown by the Syrian authorities against human rights defenders, pro-democracy and political activists across Syria in response to ongoing protests calling for democratic reforms and improved observance of civil and political rights. As part of this crackdown, which has also involved violent attacks on protesters including through the use of live ammunition by security forces, a large number of human rights defenders have been subjected to arrests, detentions and charges solely as a result of exercising their fundamental rights to free assembly and expression”. For more detail see: www.frontlinedefenders.org/

There is Good News and Bad News: HRDs in the Middle East

June 25, 2010

While I was in Geneva on 23 June for the launch of the OMCT’s international campaign against torture (by the way go and sign http://www.omct.org), two pieces of news fell on my desk within the space of one hour, so linked and still so contradictory:
1. BAD: The 2010 Laureate, Muhannad Al-Hassani from Syria, has been sentenced to 3 years imprisonment for having reported on legal proceedings before the State Security Court. In doing so, Mr. Al-Hassani has committed no crime and done nothing but defending the rights of others. Only a presidential pardon can rectify this injustice.
2. GOOD: The 2009 Laureate, Emad Baghi, has been released from detention – on bail – after having spent 6 months in very difficult conditions. As the picture shows he lost quite a bit of weight. We must now hope that the Iranian authorities will continue to respect Emad Baghi’s right to freedom of expression.

before and afer