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Feature:
Friday
May 27 2005
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POLICIES OF FEAR AND
INSECURITY Amnesty report slams US-UK rights
abuses
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Governments are betraying their promise of a world order
based on human rights and are pursuing a dangerous new agenda,
said Amnesty International on Wednesday as it launched its
annual report.
Speaking at the launch of the Amnesty International Report
2005, the organisations Secretary General Irene Khan
said: A new agenda is in the making with the language
of freedom and justice being used to pursue policies of fear
and insecurity.
This includes cynical attempts to redefine and sanitise torture.
The US administration attempted to dilute the absolute ban
on torture through new policies and quasi-management speak
such as environmental manipulation, stress
positions and sensory manipulation.
It also failed to conduct a full and independent investigation
into the appalling torture and ill-treatment of detainees
by US soldiers in Iraqs Abu Ghraib prison and failed
to hold senior individuals to account.
Israels construction of a barrier inside the occupied
West Bank ignored the International Court of Justice opinion
that this violated international human rights and humanitarian
law.
Despite the holding of elections, Afghanistan slipped into
a downward spiral of lawlessness and instability which hampered
efforts towards peace.
In Iraq there were gross human rights abuses by US-UK-led
forces, including unlawful killings and arbitrary detention.
In the section on Afghanistan the report says: 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.
The report adds: Evidence emerged that US forces had
tortured and ill-treated detainees in the war on terror
in Afghanistan.
Former detainees reported being made to kneel, stand
or maintain painful postures for long periods, and being subjected
to hooding, sleep deprivation, stripping and humiliation.
Suspects were detained without legal authority and held incommunicado,
without access to lawyers, families or the courts. . .
On 14 October the US Armys Criminal Investigation
Division recommended that 28 US soldiers be charged in connection
with the beating to death of two prisoners at the US air base
at Bagram in December 2002.
Autopsies found blunt force injuries on
the bodies of Mullah Habibullah and Dilawar. By the end of
2004 only one soldier had been charged with assault, maltreatment
and dereliction of duty. . . .
Reports continued of civilian deaths as a result of
US air strikes.
In the section on Iraq, the report says: At the end
of November a senior US military official announced that 8,300
people were being held by US-led forces in Iraq. These included
about 4,600 held in Camp Bucca, about 2,000 in Abu Ghraib,
and 1,700 in holding areas in the custody of field commanders.
Both Camp Bucca and Abu Ghraib remained under the control
of US forces after the June handover of power. Some detainees,
known as ghost detainees, were hidden to prevent
the International Committee of the Red Cross (ICRC) from visiting
them. . .
Torture and ill-treatment by US-led forces were widely
reported.
An ICRC report leaked in February identified several
methods of torture and ill-treatment during arrest, internment
and interrogation, including: hooding for up to four days;
handcuffing that caused skin lesions and nerve damage; beatings
with hard objects; threats of execution; solitary confinement;
acts of humiliation with detainees being paraded naked; exposure
while hooded to loud noise or music; and being forced to remain
for long periods in painful stress positions.
. .
In June the UK authorities announced that four members
of the Royal Regiment of the Fusiliers would face court martial
for abuse of detainees elsewhere in Iraq. . .
In February UK officials said that UK forces had been
involved in the killing of 37 civilians since 1 May 2003,
and acknowledged that the figure was not comprehensive.
The report also cites the beating to death of young hotel
worker, Baha Musa, by UK troops.
The section on the United Kingdom records the detention without
trial of terror suspects at Belmarsh and other
high security prisons.
It says: The UKs highest court ruled that indefinite
detention without trial of non-deportable foreign suspected
international terrorists discriminated against them
unjustifiably and was unlawful.
Another court held that evidence obtained
by torture of a third party would be inadmissible only if
it had been directly procured by UK agents, or if they had
connived in its procurement.
The authorities sought to circumvent their obligations
under international and domestic human rights law in respect
of the conduct of UK armed forces in Iraq and Afghanistan.
Self-inflicted deaths, self-harm, overcrowding and detention
conditions in (UK) prisons were of major concern.
Public inquiries into cases of alleged collusion by
security forces in killings in Northern Ireland were announced.
However, the authorities further delayed the establishment
of an inquiry into the killing of Patrick Finucane. . .
In October, 12 senior doctors concluded that all the
ATCSA (Anti-terrorism, Crime and Security Act 2001) internees
they had examined had suffered serious damage to their health.
They stated that the indefinite nature of their detention
had been a major factor in the deterioration of their mental
health and that of their spouses. . .
In November, the UN Committee against Torture (CAT)
expressed concern about: potentially indefinite detention
under the ATCSA; the strict detention regime under which some
internees were held at Belmarsh prison; and the interpretation
of domestic legislation as preventing the use of evidence
obtained through torture only if UK officials were complicit.
. .
The UK authorities continued to play a duplicitous role
in the detention without any legal basis of
UK residents and nationals in Guantanamo Bay, Cuba, in US
custody.
UK intelligence officers had taken advantage of the
legal limbo and the coercive detention conditions at Guantanamo
Bay to conduct interrogations and to extract information to
use in proceedings under the ATCSA. . .
In June the UK authorities acknowledged for the first
time that some detainees interrogated by UK intelligence personnel
had complained about their treatment, but refused to provide
any further details.
At the end of 2004, four UK nationals and at least five UK
residents remained in US custody at Guantanamo Bay. These
included Bisher al-Rawi, an Iraqi national legally resident
in the UK, and Jamil Al-Banna, a Jordanian national with refugee
status in the UK.
The UK authorities may have played some part in their
unlawful rendering to US custody, and refused to make representations
on their behalf to the US authorities.
Commenting on events in the north of Ireland in 2004, the
report says: Despite a significant decrease, high levels
of paramilitary violence continued, particularly by Loyalist
groups. . . .
The Independent Monitoring Commission reported that
members of Loyalist paramilitary organisations were responsible
for a series of violent racist attacks in Belfast.
On the state of UK prisons, as well as condemning the number
of suicides among young women, the report states: In
November a public inquiry opened into the killing of Zahid
Mubarek by his cellmate, a known racist, at Feltham Young
Offenders Institution in March 2000.
On deaths in police custody, it adds: In April a television
broadcast showed Christopher Alder choking to death on the
floor of Queens Gardens police station in Hull while
handcuffed, in 1998.
In December, four of the five police officers involved
in his death retired on ill-health grounds. A review of the
case by the independent police complaints commission was ongoing
at the end of 2004. The Alder family demanded an independent
public inquiry.
In November the verdict of unlawful killing returned
by a jury in October 2003 following the inquest into the death
of Roger Sylvester in January 1999 was quashed.
On police shootings the report says: In October an inquest
jury returned an unlawful killing verdict following a second
inquest into the 1999 fatal police shooting of Harry Stanley.
Although the prosecuting authorities were still considering
whether to charge the officers involved, in December they
were allowed to return to work on non-operational duties.
In December an inquest jury returned a lawful killing
verdict following an inquest into the fatal police shooting
of Derek Bennett in 2001.
The report goes on to say the Committee Against Torture expressed
concern about reports of incidents of bullying followed
by self-harm and suicide in the armed forces, and the need
for full public inquiry into these incidents and adequate
preventive measures.
In December, the authorities appointed a human rights
lawyer to review four deaths of young soldiers at Deepcut
Barracks.
The Amnesty report expresses concern for the erosion of freedom
of expression, citing the case of three coachloads of
anti-war protesters who were stopped from reaching the Royal
Air Force base at Fairford used by US B52 bombers to
fly to Iraq and forcibly returned to London in March
2003.
The court found that detaining Jane Laporte to forcibly
return her to London was unlawful and violated her right to
liberty under the European Convention on Human Rights.
However, the court found that preventing the coaches
from reaching Fairford was lawful, and that, as a result,
the police had not violated Jane Laportes right to freedom
of peaceful assembly and expression.
The report also condemns attacks on refugees and asylum seekers:
Legislation further restricted the right to appeal against
a refusal to grant asylum, replacing the two-tier immigration
appeals system with a single tier.
The authorities initial decision-making on asylum
claims was frequently inadequate. Restrictions on public funds
for immigration and asylum work left many asylum applicants
without expert legal advice and representation.
In May the Court of Appeal of England and Wales ruled
that legislation allowing the authorities to deny any support
to adult asylum-seekers could not be reconciled with the UKs
international human rights obligations.
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