Amnesty 2017

Philippines’ obligations under the Optional POLANDProtocol to the UN Convention againstTorture had not been adopted by the end of Republic of Polandthe year. Head of state: Andrzej Duda Head of government: Mateusz Morawiecki (replacedCHILDREN’S RIGHTS Beata Szydło in December)President Duterte pledged to lower the The government continued its efforts tominimum age of criminal responsibility, exert political control over the judiciary,generating wide condemnation from NGOs and the media. Hundreds ofchildren’s rights organizations and the UN. A protesters faced criminal sanctions forbill to amend the Juvenile Justice and participating in peaceful assemblies.Welfare Act, which was adopted on 23 May Women and girls continued to face systemicby the Sub-Committee on Correctional barriers in accessing safe and legalReforms, retained the minimum age of abortion.criminal responsibility as 15, but introducedprovisions that placed children as young as LEGAL, CONSTITUTIONAL ORnine in crowded and often unsanitary short- INSTITUTIONAL DEVELOPMENTSterm institutions for rehabilitation or as theyawaited court disposition. An additional bill In July, the European Commission stated thatby a lawmaker was filed later in the year, the independence of the Constitutionalseeking to lower the minimum age of criminal Tribunal had been “seriously undermined”responsibility to 12, but remained pending. and raised concerns that the constitutionality of Polish laws “could not be effectivelyRIGHT TO HEALTH guaranteed”. The government also attempted to extend its influence over other branches ofThe nationwide anti-drugs campaign the judiciary, including the Supreme Court,undermined people’s right to the enjoyment the National Council of the Judiciary andof the highest attainable standard of physical Common Courts.and mental health. Many drug users wereforced into compulsory and inadequate Between May and July, Parliament adoptedtreatment and rehabilitation initiatives, which four laws on the reform of the judiciary.prevented them from accessing essential These provoked a strong response from thehealth services and harm reduction public, intergovernmental organizations andprogrammes. NGOs which expressed alarm over the waning independence of the judiciary andSEXUAL AND REPRODUCTIVE RIGHTS rule of law. The changes would have given the Minister of Justice control over theIn January, President Duterte signed an Supreme Court and would have alsoexecutive order to strengthen the undermined the independence of theimplementation of the Reproductive Health National Council of Judiciary, a self-regulatingAct of 2012 which promised to provide body of judges. On 24 July, the Presidentgreater access to family planning and birth vetoed two of the adopted laws, thecontrol services. amendment of the Law on the National Council of Judiciary and of the Law on the1. ‘If you are poor, you are killed’: Extrajudicial executions in the Supreme Court. Philippines‘ war on drugs (ASA 35/5517/2017) The President did, however, sign the2. Philippines: State hearing highlights deadly consequences for amendment to the Law on Common Courts, children in ‚ war on drugs‘ (News story, 24 August) which entered into force in August. The amendment empowered the Minister of3. Philippines: Impending arrest of Senator politically motivated (ASA Justice to appoint and dismiss presidents 35/5772/2017)4. ‘Battle of Marawi’: Death and destruction in the Philippines (ASA 35/7427/2017)Amnesty International Report 2017/18 301

and vice-presidents of courts. In response, to provide identification; used threats ofthe European Commission started sanctions; and, for some, the pursuit ofinfringement proceedings against Poland for criminal charges and prosecutions. Dozens ofbreaching EU law on the grounds that the protesters faced proceedings in court underlaw, which introduced different retirement the Code of Petty Offences and in someages for men and women judges, was cases also under the Criminal Code;discriminatory. The proceedings were proceedings were still pending at the end ofpending at the end of the year. The the year. Hundreds of others wereCommission stated that it would also trigger summoned to police stations in relation toproceedings under Article 7(1), which could their participation in protests.result in sanctions if any law giving theMinister of Justice control over the Supreme In April, an amendment to the Law onCourt were adopted. Assemblies that prioritized “cyclical” assemblies in central Warsaw, entered into In October, the daily Gazeta Wyborcza force. The law had been used to banreported that six prosecutors faced alternative or counter-demonstrations indisciplinary proceedings for criticizing a 2016 favour of monthly pro-government assembliesreform that merged the functions of the and to grant a pro-government group regularnational Prosecutor General and the Minister access to the public space near theof Justice, giving the Minister undue Presidential Palace.influence over judicial proceedings. FREEDOM OF EXPRESSION – In December, the Parliament adopted JOURNALISTSamendments to the Law on the NationalCouncil of Judiciary and of the Law on the Using new powers conferred by the 2015Supreme Court which subjected the judiciary media law, the Minister of Treasury dismissedto the political control of the government. On a number of directors and supervisory20 December, the European Commission, in councils of public TV and radio stations. Thean unprecedented move, triggered Article 7.1 Minister appointed new directors withoutof the EU Treaty against Poland. The process consulting the independent Nationalcould lead to sanctions for undermining Broadcasting Council, resulting inhuman rights and the rule of law in Poland. government control over all public media outlets. By October, over 234 journalistsFREEDOM OF ASSEMBLY working in public broadcasting, including trade union leaders, had been demoted,Public protests continued throughout 2017 in dismissed, or forced to resign.opposition to government policies andlegislation on the judiciary, the right to Investigative journalist Tomasz Piątek was atpeaceful assembly, the functioning of NGOs, risk of criminal charges for his bookmedia freedom, sexual and reproductive published in June that alleged a link betweenrights, and the right to housing. The largest the Minister of National Defence and thedemonstrations occurred in July, when Russian intelligence services. In late June,thousands of people in over 100 cities took to the Minister filed a criminal complaint againstthe streets to protest against the reform of the Tomasz Piątek, alleging a violation of the lawsjudiciary. Law enforcement officials on “using violence or unlawful threat [which]responded with heavy-handed security affects a government authority performing itsmeasures in the area around Parliament and duty” and “insulting a public official in theat the Presidential Palace, inhibiting the course and in connection with thedemonstrators’ ability to protest. The police performance of [their] duties”. On 26 June,contained groups of peaceful protesters; the complaint was forwarded to the Regionalused constant and varied forms of monitoring Prosecutor’s Office in Warsaw. In October, theand surveillance at the protests by Minister publicly accused the journalist ofsurveillance teams that also asked protesters aiming to prevent the reform of Poland’s army302 Amnesty International Report 2017/18

and that the allegations presented in the asylum application alleging that hebook were “an integral part of the hybrid war represented a “threat to national security”.against Poland”. No charges against Tomasz The evidence against him, collected by thePiątek had been formally pressed by the end Internal Security Agency, was not madeof the year. available to his legal representatives. The NGO Helsinki Foundation for Human RightsSEXUAL AND REPRODUCTIVE RIGHTS argued that the denial of access to the case files had effectively prevented the applicantIn October, the President expressed support from knowing the detailed grounds for thefor a legislative proposal drafted by anti- rejection of his asylum claim. In August, thechoice groups which would prohibit abortion Foundation appealed against the decision.in cases of severe or fatal fetal impairment. REFUGEES AND ASYLUM-SEEKERS In June, Parliament adopted an amendmentto the Law on State Funded Health Services There were ongoing reports of push-backs ofunder which emergency contraception asylum-seekers at a border crossing withbecame accessible only on prescription, Belarus. The European Court of Humancontrary to international recommendations on Rights requested information from Polandemergency contraception. regarding four cases in which the applicants claimed that they were repeatedly deniedFREEDOM OF ASSOCIATION entry to seek international protection and that this put them at risk of refoulement – forcibleOn 4 October, one day after a national protest return to a country where they were at realagainst restrictive policies on abortion, the risk of persecution. In late August, the NGOpolice simultaneously raided four offices of Human Constanta, which is based inwomen’s rights NGOs in different cities that Belarus, filed another case against Polandhad supported the action. The police with the UN Human Rights Committee for theconfiscated hard drives and computer data, breach of the non-refoulement principle. Theincluding databases with information on cases remained pending at the end of theindividuals and medical reports of victims of year.domestic violence. The authorities claimedthat the action was part of an investigation of In June, the European Commission startedformer staff members of the Ministry of infringement procedures against Poland, asJustice for alleged maladministration of well as the Czech Republic and Hungary, forfunds. refusing to participate in the refugee relocation scheme from EU member states In October, Parliament adopted the Law on such as Greece and Italy. In December, thethe National Freedom Institute, a body that European Commission decided to step up thewill decide on state funding to NGOs. Civil action against all three countries and referredsociety groups raised serious concerns that them to the Court of Justice of the Europeanthe law provided for the Institute to be under Union.the effective control of the government, whichwould potentially undermine the ability of PORTUGALorganizations that were critical of thegovernment to access such funds. Portuguese Republic Head of state: Marcelo Rebelo de SousaCOUNTER-TERROR AND SECURITY Head of government: António CostaThe Council of Europe Commissioner for Housing conditions for Roma and people ofHuman Rights and NGOs raised concerns African descent remained inadequate.over the lack of due process in cases of Portugal relocated fewer asylum-seekersdeportations where national security groundswere invoked. In April, an Iraqi student was deported toIraq after the Refugee Board rejected hisAmnesty International Report 2017/18 303

than it was required to under the EU DETENTIONRelocation Programme. The governmentproposed legislation to strengthen the The publication of the Council of Europeprotection of transgender and intersex Committee for the Prevention of Torture’speople’s rights. Parliament extended report of its visit to Portugal in September-protection against hate speech and October 2016 was pending at the end of thediscrimination. year. The visit focused on the application of safeguards against torture and other ill-RIGHT TO HOUSING AND FORCED treatment of persons in custody; conditions ofEVICTIONS detention in prison and on remand; and the situation of patients in forensic psychiatricIn February, in her report of a December units.2016 visit to Lisbon, the capital, and Porto,the UN Special Rapporteur on the right to REFUGEES AND ASYLUM-SEEKERSadequate housing noted that many Romaand people of African descent were living in Portugal relocated 1,518 asylum-seekerssubstandard conditions and often faced from Greece and Italy, leaving over 1,400discrimination in accessing adequate places to fill according to the legalhousing. She urged the authorities, among commitment it had made under the EUother things, to address inadequate housing Relocation Programme. However, thein informal settlements as a priority and to authorities reported that of those relocated,ensure that evictions and demolitions did not over 720 persons had left the country by theresult in homelessness and were carried out end of the year.in compliance with international standards. RIGHTS OF LESBIAN, GAY, BISEXUAL, In March, the Council of Europe TRANSGENDER AND INTERSEX PEOPLECommissioner for Human Rights visitedLisbon and Torres Vedras; he also expressed In April, a government-sponsored bill aimingconcern about the substandard and often to bring the protection of LGBTI people’ssegregated Roma settlements and called for rights in line with international standards wasnew social housing programmes for all presented to Parliament. The bill was beingvulnerable groups to be developed. considered at the end of the year. The bill proposed removing the requirement for Residents of the informal settlement of psychological assessments and introducedBairro 6 de Maio in the Amadora the requirement for expressed consent to anymunicipality, near Lisbon, feared their houses medical treatment aimed at determining thecould be demolished and they could be gender for intersex people, includingforcibly evicted without access to adequate children.processes. Many of the residents were ofAfrican and Roma descent. DISCRIMINATIONTORTURE AND OTHER ILL-TREATMENT In August, Parliament approved legislation strengthening protection againstIn July, the Public Prosecutor of the Amadora discrimination. The criminal code wasmunicipality charged 18 police officers for amended to include descent and physicalthe ill-treatment of six men of African descent and mental disability among the grounds forin February 2015 (the charges against one criminal liability for discriminatory conduct. Aofficer were struck out in December). The separate offence of incitement to hatred andofficers were accused of torture, unlawful violence based on discriminatory motives wasimprisonment, grave abuse of power and also introduced.other offences aggravated by racism. InSeptember, the investigating judge rejected VIOLENCE AGAINST WOMENthe Public Prosecutor’s request that theofficers be suspended pending trial. In October, the Porto Court of Appeal upheld the suspended sentence of two men304 Amnesty International Report 2017/18

convicted in 2015 of assaulting a woman. December, the Inter-American CommissionThe woman’s former partner abducted her on Human Rights expressed concern overand her former husband beat her with a nail- the emergency and reconstruction efforts.spiked bat. The judges justified their decisionby referring to religious beliefs and gender RIGHTS OF LESBIAN, GAY, BISEXUAL,stereotypes, stating that “the adultery of the TRANSGENDER AND INTERSEX PEOPLEwoman was a very serious attack on thehonour and dignity of a man.” In December, In February, the Department of Educationthe Superior Council of the Judiciary opened eliminated the curriculum for genderdisciplinary proceedings, which were pending perspective in public schools, which wasat the end of the year, against the two judges established by the previous administration toresponsible for the ruling. ensure equality between genders in education and in all Department of EducationPUERTO RICO projects; the new curriculum would only have a binary conception of gender. TheCommonwealth of Puerto Rico Department also removed guidelines allowingHead of state: Donald Trump (replaced Barack Obama public-school students to wear schoolin January) uniform according to their gender identity.Head of government: Ricardo Rosselló Nevares Protections for transgender people sufferedHurricane Maria caused deaths and a further setback when the President of thewidespread damage to infrastructure, Senate signed an administrative orderhousing and essential services. Protections eliminating protective measures thatfor transgender people and of freedoms of previously allowed employees of theexpression and association suffered legislative branch to dress and usesetbacks. Austerity measures put human bathrooms according to their gender identity.rights at risk. Police used excessive force toquell protests on International Workers’ Day. In July, Governor Rosselló signed an executive order for the creation of an LGBTIBACKGROUND advisory council to promote and implement initiatives for LGBTI people acrossOn 20 September, Hurricane Maria caused governmental departments and inthe largest natural disaster on the island in collaboration with civil society.modern history. According to the authorities,at least 64 people died, but due to FREEDOMS OF EXPRESSION ANDuncertainties regarding the actual number, ASSEMBLYthe Governor announced that a newinvestigation would be carried out. The On 19 May, Governor Rosselló signed intohurricane destroyed infrastructure and law several amendments to the Criminalbuildings, leaving many people without Code, making illegal certain conduct such ashousing and access to potable water, food, blocking entry to construction sites orand essential services including medical educational institutions − tactics traditionallytreatment and education. The slow response used by peaceful protesters − thus potentiallyof the local and federal government resulted undermining the rights to freedom ofin a deepening of the humanitarian crisis expression and peaceful assembly. Thecaused by the hurricane. In October, UN amendments were rushed throughhuman rights experts noted that the lack of Parliament with limited consultation with civilan effective emergency response came in the society and entered into force immediatelycontext of an “existing dire situation caused after their approval, without the usual 90-dayby debt and austerity measures”. In waiting period. The amendments appeared to be a direct attempt by the government to discourage peaceful protests.Amnesty International Report 2017/18 305

ECONOMIC, SOCIAL AND CULTURAL DEATH PENALTYRIGHTS Although the death penalty was abolished inPuerto Rico continued to face a serious Puerto Rico in 1929, it can still be imposedfinancial crisis as a result of crippling external for crimes under US federal law that aredebt of more than USD70 billion, according punishable by death penalty. In February, theto figures from the authorities. Office of the US Attorney for the District of Puerto Rico announced that it would again The Financial Oversight and Management seek the death penalty against AlexisBoard, established by US authorities in 2016, Candelario-Santana at his retrial, due toimplemented several austerity measures begin on 1 August 2018. In 2013 he hadduring the year. These measures could have been sentenced to life imprisonment.negative consequences on human rights, inparticular access to health care, housing, QATAReducation and work. On 9 January, the UNIndependent Expert on foreign debt and State of Qatarhuman rights publicly expressed concerns Head of state: Sheikh Tamim bin Hamad bin Khalifa Alover the adverse effects that further austerity Thanimeasures would have on the enjoyment of Head of government: Sheikh Abdullah bin Nasser bineconomic, social and cultural rights. The Khalifa Al Thanigovernment of Puerto Rico continued torefuse to conduct a thorough audit of its debt Severance of relations with Qatar by severaldespite calls from local civil society of its regional neighbours imposed arbitraryorganizations. restrictions on Qatar that resulted in human rights violations. The government continued In December, the UN Special Rapporteur to unduly restrict freedom of expression.on extreme poverty and human rights visited Steps were taken to improve access toPuerto Rico. He expressed concern regarding compensation for abused migrant workers.the lack of consideration given to social The government committed to revise itsprotections in the projected austerity laws and reform the sponsorship system, asmeasures. part of an agreement with the ILO. After years of delays, migrant domestic workers’EXCESSIVE USE OF FORCE labour rights were protected for the first time, though the new law contained flaws.Excessive and unnecessary use of force by Discrimination against women remainedpolice was reported during protests related to entrenched in both law and practice. Thethe fiscal crisis. On 1 May, International courts imposed death sentences; noWorkers’ Day, the American Civil Liberties executions were reported.Union documented the indiscriminate use oftear gas against protesters without prior BACKGROUNDdispersal orders, contrary to international lawand standards. Observers collected canisters On 5 June, Saudi Arabia, UAE, Bahrain andwhich revealed that expired tear gas had Egypt severed relations with Qatar, accusingbeen used. Additionally, video evidence it of financing and harbouring “terrorists” andshowed the use of rubber bullets against interfering in the domestic affairs of itslargely peaceful protesters. Other concerns neighbours. Saudi Arabia closed Qatar’s onlywere raised concerning police officers not land border while the four countries closedbeing properly identifiable during the their airspace to flights to Qatar. Saudiprotests, and undercover police infiltrating Arabia, Bahrain and UAE arbitrarily bannedprotests and making arrests without their nationals from visiting or living in Qatar,identifying themselves. and ordered Qataris to leave within 14 days,306 Amnesty International Report 2017/18

threatening fines or other unspecified February 2017. On 24 May he was travellingconsequences for non-compliance. Despite with his wife to Norway, where he had beenstatements in response to international granted asylum, when Qatari officialsoutcry, it was unclear what practical steps the detained him at Doha airport.three states had taken to mitigate negativeimpacts on families and those in education or Filipino national Ronaldo Lopez Ulep, whoseundergoing medical treatment. As a result of conviction on espionage charges was upheldthe dispute, Qatari forces were expelled from in 2016, continued to be detained despite anthe Saudi Arabia-led coalition in Yemen (see unfair trial and allegations of torture.Yemen entry) and a UN mission to Djibouti,while the government accelerated efforts to WORKERS’ RIGHTS – MIGRANTincrease its military capacity, including WORKERSthrough military co-operation with Turkey andother states. In July, the Emir issued a decree In January, the Emir signed an amendmentamending some provisions of the 2004 Law to Qatar’s new sponsorship law, which hadon Combating Terrorism, which included come into effect in December 2016. Law  No.redefining some terms and enabling 1 of 2017 confirmed that migrant workersindividuals and groups accused of “terrorist would continue to require the permission ofactivities” to appeal before the courts. In their employer to leave the country, byNovember the Emir announced that the first requiring workers to “notify” their employer.ever legislative elections would be held in In October the cabinet reportedly approved a2018 and appointed four women to the new amendment to the exit permit; it was notConsultative Council (Shura Council). published during the year.FREEDOMS OF EXPRESSION, The ILO complaint against Qatar was closedASSOCIATION AND ASSEMBLY on 8 November after the government committed to revising its laws in line withThe authorities maintained restrictions to the international labour standards and therights to freedom of expression, association guidance of ILO experts. If implemented inand peaceful assembly that were not in full, the agreement would enhance theconformity with international law and protection of migrant workers’ rights.standards. The authorities did not permit theexistence of independent political parties, On 18 August, the Emir approved theand workers’ associations were only establishment of a new, judge-led Labourpermitted for Qatari citizens if they met strict Dispute Resolution Committee (Law No.13 ofcriteria. Laws criminalizing expression 2017) to settle labour disputes within threedeemed offensive to the Emir were weeks of a worker filing a complaint. Ifmaintained. operated fairly and effectively, the new committee could address some of the In January, the government arbitrarily barriers to migrant workers accessing justice.imposed a travel ban on human rights lawyer At the end of the year the dispute resolutionNajeeb al-Nuaimi, who was initially informed courts had not yet begun operating.by text message. The ban remained in placeat the end of the year, limiting the lawyer’s A new law providing legal protections forright to free movement. domestic workers’ labour rights was passed for the first time. Law No.15 of 2017 includedTORTURE AND OTHER ILL-TREATMENT a limit to working hours per day, at least 24 consecutive hours off every week and threeOn 25 May, although he was at risk of torture, weeks’ paid leave per year. However, the lawthe government forcibly returned Saudi failed to provide adequate safeguards toArabian human rights activist Mohammad al- restrict the abuse of a provision allowingOtaibi to Saudi Arabia, where he faced trial. domestic workers to work beyond the legalMohammad al-Otaibi had arrived in Qatar in limit if they “agreed”. Third-party auditors highlighted some progress on projects for the football WorldAmnesty International Report 2017/18 307

Cup in 2022, but identified abuses of migrant DEATH PENALTYworkers at all 10 of the contractors theyinvestigated. The courts reportedly imposed at least two new death sentences that were upheld by the The dispute with neighbouring countries Court of Cassation, Qatar’s highest court. Noaffected some migrant workers. Low-paid executions were reported.workers were disproportionately impacted byincreases in food prices. Workers in the ROMANIAhospitality and tourism sectors reported beingforced to take extended leave without pay. RomaniaSome foreign workers had annual leave Head of state: Klaus Iohanniscancelled and exit permits revoked. Head of government: Mihai Tudose (replaced Sorin Grindeanu in June)WOMEN’S RIGHTS Laws extending pardons and amnesties forWomen continued to face discrimination in corruption and official misconduct were putlaw and practice. Personal status laws forward, sparking protests across thecontinued to discriminate against women in country. European and internationalrelation to marriage, divorce, inheritance, institutions criticized overcrowding inchild custody, nationality and freedom of prisons and inadequate detentionmovement. conditions. Amendments were proposed to the law regulating civil society organizations In June, the UN Committee on the Rights of and foundations. Roma continued to facethe Child (CRC) urged the authorities to discrimination.investigate crimes related to gender-basedviolence and to bring perpetrators to justice. BACKGROUNDThe Committee called on the authorities toamend the Nationality Act in order to allow In January, tens of thousands of peoplewomen to confer nationality to their children protested against two emergency ordinanceson an equal basis with Qatari men. Despite adopted without substantial discussion by thethe approval of a draft law providing then recently formed government. The billspermanent residency rights for the children extended a pardon of persons sentenced forof Qatari women married to non-Qataris, certain corruption offences anddiscrimination persisted with women unable decriminalized official misconduct. Nationalto pass on nationality and citizenship to their institutions, some foreign embassies and thechildren. European Commission criticized the laws which were then repealed in February. InCHILDREN’S RIGHTS April, a new draft law – granting an amnesty for sentences of less than five years,In June, the CRC expressed concern over including for corruption – was put forward,gender discrimination of children, violence sparking more protests throughout theagainst children in schools and at home, and country during the year. The bill had notlaws limiting the right to nationality of been adopted by the end of the year.children born in Qatar. The Committee calledfor the enactment of measures to end these LEGAL, CONSTITUTIONAL ORpractices. It also called for ending child INSTITUTIONAL DEVELOPMENTSmarriage and raising the age of criminalresponsibility, which remained at seven years Amendments were proposed to the lawof age in contravention of international regulating NGOs and foundations introducingstandards. The Committee reiterated additional administrative and financialconcerns about discrimination against the obligations. National NGOs criticized the newchildren of migrant workers and measures as arbitrary, unnecessary andrecommended the abolition of the kafalasponsorship system “without delay”.308 Amnesty International Report 2017/18

vague. The Conference of international NGOs 2010 by local authorities. The legal caseof the CoE highlighted in December brought by the community against theshortcomings regarding compliance with municipality challenging the forced evictioninternational standards and best practices. remained pending in national courts at theThe proposals, adopted by the Senate in end of the year.November, remained pending before the RIGHT TO EDUCATIONParliament’s Chamber of Deputies at the end New legislation aiming to prevent, combatof the year. and prohibit segregation in primary and secondary education entered into force after The proposal for a new National Strategy for its adoption in December 2016 by theHousing remained pending. Ministry of National Education and Scientific Research. Two ministerial orders established In March, the Senate rejected a draft law a public policy against segregation in schoolscalling for the repeal of part of the Anti- on a wide range of grounds, including ethnicdiscrimination Law that instituted the national origin, disability and socio-economic status ofequality body. The draft law was proposed by families, and a related action plan scheduleda former MP who was fined by the body in to be implemented by October.2016 for homophobic statements. RIGHTS OF LESBIAN, GAY, BISEXUAL,DETENTION TRANSGENDER AND INTERSEX PEOPLEIn April, the European Court for Human The Senate’s decision on a nationalRights (ECtHR) advanced recommendations referendum on the possible restriction of theaimed at reducing overcrowding in prisons in constitutional definition of “family” froma “pilot judgment” issued against Romania. It “marriage between spouses” to “marriageimposed an obligation on the state to resolve between a man and a woman” remainedthe highlighted structural dysfunctionalities or pending at the end of the year. The Coalitionrisk sanctions. for Family – a group of some 30 associations and foundations – has been promoting suchDISCRIMINATION – ROMA restriction since 2016.In February, the European Commission The case of the same-sex couple seekingstated that the risk of living in poverty was recognition of their marriage officiated inalmost three times higher for Roma than for Belgium remained under examination by thethe rest of the population. Constitutional Court. The Court had sought aRIGHT TO HOUSING AND FORCED EVICTIONS preliminary ruling from the European Court ofIn September, according to NGOs, around 30 Justice on the harmonic interpretation of EURoma, half of them children, living in the legislation on freedom of movement andtown of Eforie Sud in Constanta county, were residence for same-sex couples.verbally threatened by local authorities witheviction from a publicly owned property. They COUNTER-TERROR AND SECURITYhad occupied the building since October2013 when they had been repeatedly forcibly The case of Abd al-Rahim al-Nashiri, a Saudievicted by local authorities from a long- Arabian national currently held in the USstanding settlement and rendered homeless. detention facility at Guantánamo Bay, Cuba, remained pending before the ECtHR. The In May, around 35 of the Roma families case was lodged against Romania in 2012 forfrom the Pata Rat informal settlements – allegations of the enforced disappearancelocated on the outskirts of Cluj-Napoca, near and torture of Abd al-Rahim al-Nashiri at aa waste and chemical dump – received new secret CIA detention facility in Bucharest, thehomes across the city’s neighbourhoods and capital, between 2004 and 2006.nearby villages as part of a multi-stakeholderdesegregation project. This included around20 families from the former Coastei Streetcommunity, forcibly evicted in DecemberAmnesty International Report 2017/18 309

DISCRIMINATION – PEOPLE WITH human rights violations continued in theDISABILITIES North Caucasus. Russia used its veto to block UN Security Council resolutions onLiving conditions in social care and Syria. Migrants and refugees were deniedpsychiatric institutions for people with protection of their rights. Some forms ofdisabilities remained extremely precarious. domestic violence were decriminalized.The monitoring mechanism required by the LGBTI people continued to faceUN Convention on the Rights of Persons with discrimination and violence; gay men inDisabilities, ratified by Romania in 2011, was Chechnya were targeted through a co-not fully operational at the end of the year. ordinated campaign of abduction, torture and killings by the Chechen authorities.VIOLENCE AGAINST WOMEN AND GIRLS LEGAL, CONSTITUTIONAL ORIn July, the UN Committee on the Elimination INSTITUTIONAL DEVELOPMENTSof Discrimination against Womenrecommended broadening existing legislation On 10 February, the Constitutional Courtto address all forms of gender-based ruled that the mere fact of holding anviolence, strengthening women’s access to “unauthorized” peaceful gathering did notjustice and remedies, disaggregated data constitute a criminal offence under Articlecollection, and improved access to sexual 212.1 of the Criminal Code, which madeand reproductive health and rights. repeated violation of protest rules a crime.1 On 22 February, activist Ildar Dadin, who had In May, the ECtHR noted that despite received a prison sentence for his peacefulexisting legislation and a national strategy protest, had his sentence under Article 212.1there was insufficient commitment from the reviewed; the Supreme Court ordered hisgovernment to take appropriate action to release.prevent and combat domestic violence. TheECtHR also criticized the limited number of In July, provisions were enacted allowing theshelters for women victims of domestic authorities to deprive of Russian citizenshipviolence available across the country. individuals who had acquired it while “intending” to “threaten the foundations ofRUSSIAN [Russia’s] constitutional order”. NGOsFEDERATION criticized the language of the law, which they said was open to arbitrary application.Russian FederationHead of state: Vladimir Putin VIOLENCE AGAINST WOMEN AND GIRLSHead of government: Dmitry Medvedev In February, a law was enactedThere were further restrictions to the rights decriminalizing domestic violence committedto freedom of expression, association and by “close relatives” that caused pain but nopeaceful assembly. Harassment and injury or loss of ability to work. This promptedintimidation of human rights defenders and an increase in violent incidents mainlyindependent NGOs continued. Cultural targeting women in several regions.rights were reduced, including throughreprisals and self-censorship. Religious FREEDOM OF ASSEMBLYminorities continued to face harassmentand persecution. The right to a fair trial was Across the country, the biggest protests infrequently violated. Torture and other ill- years took place. Hundreds of peacefultreatment persisted; the work of protesters, bystanders and journalists wereindependent monitoring bodies for places of arrested; many were subjected to cruel,detention was further eroded. Serious inhuman or degrading treatment, prolonged arbitrary detention, and unfair trials resulting in heavy fines and “administrative detention” for several days.310 Amnesty International Report 2017/18

In March, anti-corruption rallies took place dozen organizations were removed from thein at least 97 cities and towns. In many list following their closure or after their foreignplaces, police dispersed peaceful protesters funding or their “political activity”, as definedusing unnecessary and excessive force. More by the “foreign agents” law, ceased, bringingthan 1,600 people were arrested, including at the number of organizations that remained inleast 14 journalists covering the protests. the list to 85 at the end of the year. However,Many of those arrested faced unfair trials on NGOs affected by the “foreign agents” law,politically motivated charges and hundreds among them leading human rights groups,were detained solely for peacefully exercising did not perceive this as an improvement.their rights to freedom of expression andassembly. Fourteen employees and In March, the ECtHR combined andvolunteers of the Anti-Corruption Foundation, communicated the complaints of 61 Russianwho had organized a widely watched live NGOs against the “foreign agents” law; andinternet broadcast of the protests, were Russian authorities filed their comments inarbitrarily arrested at their office in Moscow, September. The case was pending before thethe capital. On 27 and 28 March, 12 of them Court at the end of the year.were sentenced to “administrativedetention”.2 On 19 June, the charge of “malicious evasion” of obligations arising from the Since 26 March, criminal convictions were “foreign agents” law – in the first and onlypressed against at least eight protesters for such criminal case – against human rightsviolent offences allegedly committed while defender Valentina Cherevatenko wastrying to protect themselves or others from dropped due to the absence of elements of apolice violence in Moscow, Petrozavodsk and crime.Volgograd. Criminal proceedings wereinitiated against more protesters; some of Four more foreign organizations werethem faced further questionable charges. declared “undesirable”, making them and working for or supporting them, illegal in Many who took part in the largest protests Russia. There were 11 “undesirable”were teenagers and young students. The organizations at the end of the year.authorities put pressure on them throughschools and universities, using informal Between September and November,warnings and expulsions, and in some cases administrative proceedings were initiatedthreatened to challenge custodial rights of against the NGO SOVA Centre, Andrey Rylkovparents of under-age protesters. Foundation for Health and Social Justice, the Centre for Independent Social Research, and On 7 February, the European Court of the Centre for Social Partnership, forHuman Rights (ECtHR) ruled in Lashmankin allegedly distributing materials ofand Others v. Russia − a case concerning 23 “undesirable” organizations. The NGOs didapplicants from different regions. The ECtHR not remove old mentions of “undesirable”found that the restrictions on location, time organizations and hyperlinks to theirand manner of conduct of street protests websites. Administrative proceedings againstviolated their right to freedom of assembly, SOVA Centre were terminated because of thewithout effective remedy being available to expiration of the statute of limitations. Otherthem. The applications concerned events of NGOs were fined 50,000 roubles (USD871)2009-2012 when restrictions on protests each.were less strict than in 2017. FREEDOM OF EXPRESSIONFREEDOM OF ASSOCIATION Most of the media remained under effectiveNGOs were affected by the law on “foreign state control and were used by the authoritiesagents”. Thirteen NGOs receiving foreign to smear human rights defenders, politicalfunding were added to the Ministry of opponents and other dissenting voices.Justice’s list of “foreign agents”. Several Throughout the country, protest leaders and political activists supporting critical voicesAmnesty International Report 2017/18 311

faced harassment, administrative and publications on the Federal List of Extremistcriminal proceedings and physical violence Materials.by pro-government activists and“unidentified” individuals, believed to be On 20 April, the Supreme Court banned thesecurity officials or others acting in collusion Jehovah’s Witnesses’ central organization andwith them. all its affiliates in Russia, ruling that the group comprising 395 local organizations and over In a further crackdown on freedom of 170,000 followers was “extremist”. Jehovah’sexpression online, the authorities banned Witnesses who continued to manifest theiranonymizers and virtual private networks, beliefs risked being criminally prosecutedamong other new restrictive measures. In and faced up to 12 years’ imprisonment.May, the President approved the Strategy forthe Development of the Information Society Restrictions on missionary activitiesfor 2017-2030 which stated “priority of introduced in 2016 were indiscriminatelytraditional Russian spiritual-ethical values” in applied, ranging from the attemptedthe use of information and communication prosecution of a yoga instructor in Sttechnologies. Petersburg in January for giving a public lecture to the confiscation of copies of the Anti-extremism legislation was further Salvation Army’s Bible in Vladivostok as theyextended and used arbitrarily against did not feature the prescribed official markingprotected speech. In August, the UN CERD of the distributing organization.Committee expressed concern over its use tosilence individuals belonging to groups On 11 May, a court in Yekaterinburgvulnerable to discrimination and reiterated its imposed on blogger Ruslan Sokolovsky arecommendations that the legislation contain three-and-a-half-year conditional prisona clear legal definition of extremism and sentence, reduced to two years and threeabandon the Federal List of Extremist months on appeal, for “inciting hatred” andMaterials. “offending believers’ feelings” by posting a video in which he played the reality game Artistic expression was restricted on Pokémon Go in a cathedral.occasions under pressure from conservativegroups that regarded specific artistic RIGHTS OF LESBIAN, GAY, BISEXUAL,productions as an offence to their religious TRANSGENDER AND INTERSEX PEOPLEbelief. Performances were cancelled andindividuals associated with them faced State-sponsored discrimination andharassment and violence. Criminal persecution of LGBTI people continuedproceedings were initiated against a number unabated, and the homophobic “propagandaof prominent theatre workers in Moscow and law” was actively enforced. On 18 October,were widely condemned by their devotees as activist Evdokia Romanova was found guiltypolitically motivated. of the administrative offence of “propaganda of non-traditional sexual relationships among In November, a law was enacted allowing minors using the Internet”. She was finedauthorities to recognize as “foreign agents” 50,000 roubles (USD871) by a court inmedia outlets that were both registered Samara, for the links to the internationalabroad and foreign-funded, which Youth Coalition for Sexual and Reproductivestigmatized them and imposed restrictive Rights website she had shared on socialreporting requirements. At the end of the media in 2015 and 2016.3year, nine mass media outlets wererecognized as “foreign agents”. In April, independent Novaya Gazeta newspaper reported that over 100 men inFREEDOM OF RELIGION AND BELIEF Chechnya who were believed to be gay were abducted, tortured and otherwise ill-treatedReligious minority groups continued to be in secret prisons, and that some were killed.harassed, including by banning, blocking of Escaped survivors reported a campaign oftheir websites, and the inclusion of their violence co-ordinated by the authorities.312 Amnesty International Report 2017/18

Eyewitnesses stated that a number of reports as sole evidence. The trials resultedcaptives were killed, and some handed over in lengthy detentions and hefty fines. Trailsto their families for “honour killings” under were often swift; after the 26 March protest,local “traditions”. Tverskoi District Court in Moscow considered 476 cases in 17 working days. The federal investigative authorities wereslow to respond to these reports. They On 22 August, Aleksandr Eivazov, formerrefused to open a formal investigation after a Secretary of the October District Court in Stprotracted pre-investigation failed to Petersburg and also a whistle-blower, wasrecognize the allegations as well founded, arrested for purportedly “interfering in thedespite the efforts by the federal work of the court”, on account of his refusalOmbudsperson to establish and check the to sign and backdate records of a courtrelevant facts. No investigation was known to hearing that someone else compiled. He washave been initiated by the end of the year. a witness to numerous violations of court procedures, judicial ethics and workers’NORTH CAUCASUS rights in the court, and had sent complaints about all violations to the authorities andReports continued of serious human rights shared this information on social media.violations, including enforced disappearance, Aleksandr Eivazov’s complaints were notunlawful detention, torture and other ill- known to be addressed. He remained intreatment of detainees, and extrajudicial detention despite his asthma at the end ofexecutions in the North Caucasus. The the year.6situation in Chechnya was furtherdeteriorating. Impunity remained for past TORTURE AND OTHER ILL-TREATMENTviolent incidents against human rightsdefenders in Chechnya. Reports of torture and other ill-treatment in prisons and detention centres across Russia In January, Magomed Daudov, speaker of persisted. The conditions during prisonerthe Chechen Parliament, issued personal transports amounted to torture and other ill-threats through his Instagram account treatment, and in many instances, toagainst Grigory Shvedov, editor-in-chief of the enforced disappearance.7 Some prisonersindependent online news project Caucasian faced journeys lasting a month or more, whileKnot.4 In April, Novaya Gazeta journalists being transferred in overcrowded trainreceived threats from Chechnya for their carriages and vans, and spending weeks incoverage of the anti-gay campaign in transit cells at various stages on their way toChechnya. Radio Ekho Moskvy journalists remote prison colonies. Their families andalso received such threats for expressing lawyers had no information about their fatesolidarity with Novaya Gazeta journalists.5 and whereabouts. Novaya Gazeta reported the unlawful Prisoner of conscience Ildar Dadin wasdetention of dozens of people, starting in forcibly disappeared for a month while beingDecember 2016, and secret execution of at transferred to another prison; hisleast 27 captives by the security forces on whereabouts became known in January. He26  January. No one was known to have been made allegations of torture in Segezha prisoninvestigated or held accountable for these colony in October 2016 and as aincidents by the end of the year. consequence the authorities transferred him to another prison colony. During his transfer,UNFAIR TRIALS the authorities refused to provide any information on his whereabouts to his familyIndependent trial monitors reported and lawyers until after his arrival at thesystematic violations of the right to a fair trial colony.at criminal and administrative hearings,including in the cases brought against In May, the ECtHR ruled on the cases ofpeaceful protesters. Most administrative trials eight applicants from Russia, that therelied heavily on widely disputed policeAmnesty International Report 2017/18 313

condition of their transport by the penitentiary Khudoberdi Nurmatov fled Uzbekistan yearsservice amounted to inhuman and degrading earlier to avoid persecution by securitytreatment. This included the cases of Anna services for refusing to act as a secretLozinskaya and Valery Tokarev who were informer. He would also be subject torepeatedly transported in single-person van prosecution under Uzbekistani law whichcompartments measuring 0.3m2. criminalized homosexuality. Following the ECtHR’s decision granting Khudoberdi The role and effectiveness of Public Nurmatov urgent interim measures, theOversight Commissions, an independent Moscow City Court on 8 August stayed hismonitoring mechanism for places of deportation but remanded him in a detentiondetention, was further eroded, including centre for foreign nationals, where hethrough continued under-funding. The rules remained at the end of the year. Ingoverning the nomination of their members December, the ECtHR communicated hisby Public Chambers − consultative bodies complaint.consisting of state-appointed members ofcivil society organizations − were changed. Registration with local police at the place ofThis led to a reduction in the membership of residence remained a precondition for laboursome of the Commissions, which in some and other migrants to access health care andcases had an impact on their independence education. But the registration was routinelyby effectively precluding certain human rights refused by many landlords who weredefenders from becoming members. required to consent to it. There were reports of independent In September, human rights defendermonitors, including members of Public Tatiana Kotlyar was convicted of fictitiouslyOversight Commissions and of the registering 167 migrants at her address toPresidential Human Rights Council, being enable them to comply with immigrationarbitrarily denied access to prison colonies by regulations and to be able to access essentialprison administrations. services. The court sentenced Tatiana Kotlyar to a fine of 150,000 roubles (USD2,619). TheARMED CONFLICT – SYRIA fine was waived on account of the expiration of the statute of limitations for this crime.Russia five times used its veto in the UNSecurity Council to block resolutions that 1. Russia: Court offers “chink of light” in case brought by jailedwould have imposed sanctions for the protester Ildar Dadin (News story, 10 February)production and use of chemical weapons inSyria, condemned the reported chemical 2. Russian Federation: Detained members of corruption watchdog areweapons attack on the town Khan Shaykhun, prisoners of conscience and should be freed immediately (EURcalled on the Syrian government to grant 46/5998/2017)access to and the right to inspect any sites,and renewed the mandate of the Joint 3. Russia: Homophobic legislation used to persecute activist whoInvestigative Mechanism, formed to shared LGBTI articles on Facebook (News story, 18 October)determine the perpetrators of chemical-weapons attacks. 4. Russian Federation: Journalist threatened by Chechen official − Grigory Shvedov (EUR 46/5442/2017)REFUGEES’ AND MIGRANTS’ RIGHTS 5. Russian Federation: Newspaper threatened for reports on abductionsRussia continued to return asylum-seekers (EUR 46/6075/2017)and refugees to countries where they were atrisk of torture and other ill-treatment. 6. Russian Federation: Whistle-blower detained on spurious charges − Aleksandr Eivazov (EUR 46/7200/2017) On 1 August, a court in Moscow ruled thatUzbekistani national and journalist 7. Prison transportation in Russia − travelling into the unknown (EURKhudoberdi Nurmatov (also known as Ali 46/6878/2017)Feruz) was violating Russia’s immigrationlaws and should be deported to Uzbekistan.314 Amnesty International Report 2017/18

RWANDA leaving their house. On 30 August, the police confirmed that an investigation wasRepublic of Rwanda under way and that the family was not inHead of state: Paul Kagame detention. For several weeks the family wasHead of government: Edouard Ngirente (replaced questioned by police and their movementAnastase Murekezi in August) restricted; they were unable to communicate freely. On 23 September, the police arrestedThe clampdown on political opponents Diane Rwigara, her mother Adeline and sistercontinued before and after presidential Anne. On 3 October, the Public Prosecutorelections, with cases of severe restrictions confirmed that they were being charged withon freedoms of expression and association, “inciting insurrection or trouble among theas well as unlawful killings and unresolved population”, that Diane Rwigara would bedisappearance cases. charged with using counterfeit documents and her mother charged with discriminationBACKGROUND and sectarian practices. Anne Rwigara was granted bail on 23 October; Diane andPresidential elections were held in August. Adeline Rwigara were remanded in custodyPresident Kagame was re-elected with and remained in detention awaiting trial at98.79% of the vote. The Democratic Green the end of the year.Party of Rwanda won 0.48% of the vote andthe independent candidate 0.73%. On 26 September, eight leaders and members of the unregistered United The National Electoral Commission (NEC) Democratic Forces-Inkingi (FDU-Inkingi)decided that three aspiring independent party were charged with forming an irregularcandidates did not fulfil the eligibility armed group and with offences against therequirements. One of them, Diane Rwigara, President. Théophile Ntirutwa, the party’swas accused of submitting forged signatures. Kigali representative, was detained on 6 On 14 July, she launched a new activist September and held incommunicado untilgroup, the People Salvation Movement. 23  September. He was later charged with supporting an armed group. Several diplomatic missions and civil societyobservers found that the electoral process Those arrested in September included FDU-had been peaceful; however, they raised Inkingi’s assistant treasurer Léonilleconcerns about irregularities including in the Gasengayire. She had been arrested incounting of ballots and vote tabulation. March 2016 and remained in police detention for several days; she was rearrestedFREEDOMS OF ASSOCIATION AND in August 2016 and prosecuted on chargesASSEMBLY of “inciting insurrection or trouble among the population”. On 23 March 2017, she wasOpposition political parties and independent acquitted and released.candidates faced challenges in the lead-up toand following the August elections. FREEDOM OF EXPRESSION Shortly after Diane Rwigara announced her In April, the NEC issued election regulationscandidacy in May, nude photos allegedly of requiring presidential candidates to submither appeared on social media. She campaign materials to be published on socialcomplained to the police and the NEC that media networks for approval 48 hours inher representatives were intimidated as they advance, leading to considerable debate intravelled the country collecting the signatures May. The Rwanda Utilities Regulatoryneeded to stand as an independent Authority announced on 31 May that the NECcandidate. “has no mandate to regulate or interrupt the use of social media by citizens”. The next Police interrogated Diane Rwigara and her day, the NEC announced that it would adjustrelatives at their home in Kigali, the capital,on 29 August and prevented them fromAmnesty International Report 2017/18 315

the regulations based on public feedback. The genocide trial of Ladislas Ntaganzwa,This requirement was not implemented. whose case was transferred from the International Criminal Tribunal for RwandaENFORCED DISAPPEARANCES (ICTR), continued at the Rwandan High Court’s Chamber of International Crimes. InPossible enforced disappearances were December, the Chamber found Emmanuelreported. Several cases of disappearances Mbarushimana, extradited from Denmark inremained unresolved, and may potentially 2014, guilty on genocide charges andhave amounted to enforced disappearances. sentenced him to life imprisonment.There was no news on the fate orwhereabouts of FDU-Inkingi member Bernard Munyagishari, whose case wasIlluminée Iragena, who went missing in transferred from the ICTR to Rwanda inMarch 2016 in Kigali. 2013, was convicted in April and sentenced to life imprisonment for genocide and crimes Violette Uwamahoro, a British national and against humanity.wife of a member of the outlawed RwandaNational Congress (RNC) opposition group, Henri Jean-Claude Seyoboka, who waswent missing as she arrived by bus in Kigali deported from Canada in 2016 accused ofon 14 February. She had travelled from the involvement in the genocide, was denied bailUK to attend her father’s funeral in Rwanda. by the Military High Court in February.The authorities initially denied knowledge ofher whereabouts. However, she was held in Enoch Ruhigira, who was arrested inincommunicado detention until 3 March Germany in 2016 on genocide charges, waswhen the police announced that she was in released in March. The German Generaltheir custody. She and her cousin, Jean Prosecutor's Office cancelled the arrestPierre Shumbusho, a police officer, were warrant after a submission from the Ministrycharged with revelation of state secrets, of Foreign Affairs stating that the Rwandanformation of an irregular armed group and prosecution of Enoch Ruhigira was likely tooffences against the established government be politically influenced.or President. She denied all charges; she wasprovisionally released on 27 March, after a WOMEN’S RIGHTSjudge ruled that there was insufficientevidence against her. She was allowed to Rwanda was reviewed by the CEDAWreturn to the UK on 12 April. Committee in February. The Committee welcomed anti-discrimination legislation;CRIMES UNDER INTERNATIONAL LAW however, it was concerned that certain discriminatory legal provisions remained. ForLéopold Munyakazi, a university professor example, while rape convictions ordinarilydeported from the USA to Rwanda in 2016, carry a prison sentence of at least five years,was found guilty of genocide charges in July. the punishment for marital rape is only two toThe Intermediate Court of Muhanga six months’ imprisonment and a fine. Thesentenced him to life imprisonment in solitary Committee also expressed concern thatconfinement − a detention practice maternal mortality was exacerbated bycondemned by the UN Human Rights unsafe abortions. Abortion was allowed onlyCommittee as a violation of the prohibition of in exceptional cases, requiring a court ordertorture or other cruel, inhuman or degrading in cases of rape, incest or forced marriagetreatment. and the authorization of two doctors, if the health of the pregnant woman or the fetus is Jean Twagiramungu, a former teacher, was in danger. Proposed amendments to theextradited to Rwanda from Germany in Penal Code would end the requirement for aAugust to stand trial. He was accused of court order.planning and committing genocide inGikongoro Prefecture (now in SouthernProvince).316 Amnesty International Report 2017/18

REFUGEES AND ASYLUM-SEEKERS The same month, King Salman reshuffled the security and political landscape,Rwanda continued to receive and host considerably reducing the Ministry ofrefugees from Burundi, with numbers Interior’s powers. On 17 June the Kingreaching 89,146 at the end of the year. stripped the Ministry of its powers to investigate and prosecute crimes, transferringINTERNATIONAL SCRUTINY these powers to the Public Prosecution, which he placed under his direct authority. InThe UN Subcommittee on Prevention of July, the Ministry’s mandate was furtherTorture suspended its visit to Rwanda in reduced when a royal decree established theOctober citing obstructions by the authorities, Presidency of State Security, mandated toincluding limitations on access to places of address all state security matters includingdetention and confidentiality of some “terrorism”, and reporting directly to theinterviews. The head of delegation reported King. A number of changes in seniorthat many of those interviewed expressed positions also took place during this time, butfear of reprisals. The Subcommittee the most significant change happened on 21 suspended visits to only three countries in June, when King Salman named his sonthe past 10 years. Mohammed bin Salman as Crown Prince, unseating his nephew Mohammed bin NaifSAUDI ARABIA Al Saud.Kingdom of Saudi Arabia In May, the UN Special Rapporteur onHead of state and government: King Salman bin Abdul human rights and counter-terrorismAziz Al Saud concluded that Saudi Arabia’s anti-terrorism law did not comply with internationalThe authorities severely restricted freedoms standards, and urged the government “toof expression, association and assembly. end the prosecution of people includingMany human rights defenders and critics human rights defenders, writers and bloggerswere detained and some were sentenced to simply for expressing non-violent views”.lengthy prison terms after unfair trials.Several Shi’a activists were executed, and US President Donald Trump visited Saudimany more were sentenced to death Arabia in May to participate in the Riyadhfollowing grossly unfair trials before the summit, attended by representatives of moreSpecialized Criminal Court (SCC). Torture than 55 mostly Arab or Muslim-majorityand other ill-treatment of detainees states. A USD300 billion arms deal betweenremained common. Despite limited reforms, the USA and Saudi Arabia was announcedwomen faced systemic discrimination in law during the visit.and practice and were inadequatelyprotected against sexual and other violence. The Saudi Arabia-led military coalitionThe authorities used the death penalty supporting the internationally recognizedextensively, carrying out scores of government in Yemen continued to bombexecutions. The Saudi-led coalition areas controlled or contested by Huthi forcescontinued to commit serious violations of and their allies, killing and injuring civilians.international law in Yemen. Some attacks amounted to war crimes. A UN report, released in September, found that theBACKGROUND Saudi-led coalition continued to be the leading cause of civilian casualties in theIn June, Saudi Arabia, Bahrain, Egypt and conflict (see Yemen entry). In October, thethe United Arab Emirates severed relations UN Secretary-General listed the Saudiwith Qatar, negatively affecting thousands of Arabia-led coalition in his annual Childrennationals and migrant workers. and Armed Conflict report, creating a new category specifically designed to limit condemnation of the coalition.Amnesty International Report 2017/18 317

DISCRIMINATION – SHI’A MINORITY 38 Shi’a men remained at risk of execution, including four who were sentenced to deathMembers of the Shi’a Muslim minority for participating in protests in 2012 whencontinued to face discrimination because of they were under the age of 18.their faith, limiting their right to expressreligious beliefs and their access to justice, FREEDOMS OF EXPRESSION,and arbitrarily restricting other rights, ASSOCIATION AND ASSEMBLYincluding the rights to work and to stateservices. Shi’a activists continued to face The authorities continued to repress peacefularrest, imprisonment and in some cases the activists and dissidents, harassing writers,death penalty following unfair trials. Four online commentators and others whoShi’a men sentenced to death for protest- exercised their right to freedom of expressionrelated offences were executed in July. by expressing views against government policies. Between May and August, security forcesbegan evacuating al-Masoura district, in the Following the announced decision to severtown of al-Awamiyah in the Eastern Province ties with Qatar, the Saudi authorities warnedwhere Shi’a form the majority of the people against expressing sympathy towardspopulation, in order to build development Qatar or criticizing government actions,projects. Armed clashes, marked by the use stating that this would be considered anof heavy artillery and shelling, erupted offence punishable under Article 6 of thebetween security forces and armed men who Anti-Cyber Crime Law. All public gatherings,refused to leave the area, leading to the including peaceful demonstrations, remaineddeaths and injury of scores of residents and prohibited under a 2011 order by thesignificant damage to the town. The Ministry of the Interior.authorities accused the men of “terrorism HUMAN RIGHTS DEFENDERSactivities” and other criminal offences, Two years after the law on association wasvowing to crack down on them. Residents passed, no new independent human rightsreported that the authorities banned organizations had been established under itsambulances and medical aid from entering provisions. Independent human rightsthe area, and many families who remained organizations that were forcibly shut down,lacked food, water, medical treatment and including the Saudi Civil and Political Rightsother basic goods. Scores of people were Association (ACPRA), the Union for Humanreportedly arrested and detained during this Rights, the Adala Center for Human Rights,operation, including activists. and the Monitor for Human Rights in Saudi Arabia, remained inactive. Almost all their For example, human rights defender Ali members were convicted and sentenced, fledShaaban was arrested on 15 May following the country, or were brought to trial beforeFacebook posts expressing solidarity with al- the SCC.Awamiyah’s residents. He remained indetention at the end of the year. In October, the authorities passed a new Counter-Terrorism Law replacing the In July, families of 15 Shi’a men accused of February 2014 law, introducing specificspying for Iran and sentenced to death after a penalties for “terrorist” crimes, including thegrossly unfair mass trial learned that the death penalty. The law continued the use of aSCC’s court of appeal had upheld their vague and overly broad definition of acts ofsentences. In December, some relatives were terrorism, allowing it to be used as a tool totold that the sentences were upheld following further suppress freedom of expression andthe Supreme Court’s review, leaving the men human rights defenders.at risk of imminent execution. The authorities continued to arrest, The SCC continued to try Shi’a activists for prosecute and sentence human rightstheir alleged participation in protests in 2011 defenders on vaguely worded charges thatand 2012. The death sentence continued to extensively drew on the Counter-Terrorismbe used against political dissenters. At least318 Amnesty International Report 2017/18

Law of February 2014. For instance, all 11 prosecuted and sentenced on the basis offounding members of ACPRA, which the laws enacted two years after their arrest,authorities closed down in 2013, were contrary to international law.sentenced to prison terms. In September, the authorities carried out a In September Abdulaziz al-Shubaily, a wave of arrests detaining more than 20human rights defender and founding prominent religious figures, writers,member ACPRA, was detained to begin journalists and academics.serving his sentence of eight years’imprisonment to be followed by an eight-year In November, the authorities detainedtravel ban and a ban from writing on social hundreds of current and former officials andmedia, after his sentence was upheld by the businessmen without disclosing details aboutcourt of appeal. He was convicted of, among any charges that had been brought againstother charges, “insulting the integrity of the them. Some were later freed, reportedly afterjudicial system and the judges” and “violating making financial settlements.Article 6 of the Anti-Cyber Crime Law” by“inciting public opinion against the rulers of TORTURE AND OTHER ILL-TREATMENTthis country and signing statements that werepublished online that call on people to Torture and other ill-treatment of detaineesdemonstrate”. remained common and widespread. Courts continued to convict people and uphold In early January, computer engineer and death sentences on the basis of contestedhuman rights activist Essam Koshak was pre-trial “confessions”. Security officialssummoned for interrogation and repeatedly continued to torture and otherwise ill-treatquestioned about his Twitter account. On 21 detainees with complete impunity.August his trial began before the SCC. Hefaced several charges related to his online In July, the families of 14 men sentenced toactivism. death for protest-related charges learned by telephone that their relatives’ sentences had On 21  August, human rights defender Issa been upheld. Court documents showed thatal-Nukheifi’s trial began before the SCC. He the 14 men were subjected to prolonged pre-faced several charges relating to his Twitter trial detention and that they reported havingposts. He had been arrested on 18 been tortured and ill-treated duringDecember 2016 and remained in detention interrogation in order to extract “confessions”in Mecca General Prison at the end of 2017. from them. In sentencing, the SCC appeared to have relied mostly on the “confessions” forARBITRARY ARRESTS AND DETENTIONS evidence against the men and failed to investigate their allegations of torture.Security authorities continued to carry outarbitrary arrests and detentions without WOMEN’S RIGHTScharge or trial for prolonged periods withoutreferrals to a competent court, in breach of Women and girls continued to facethe Code of Criminal Procedures. Detainees discrimination in law and practice, despitewere frequently held incommunicado during the government’s promised reforms. Womeninterrogation and denied access to lawyers, in were required to have permission from aviolation of international fair trial standards. In male guardian – their father, husband,February, the UN Working Group on Arbitrary brother or son – to enrol in higher education,Detention found that Ali al-Nimr, Abdullah al- seek employment, travel or marry. They alsoZaher and Dawood al-Marhoon, three young remained inadequately protected againstmen arrested on protest-related charges and sexual and other forms of violence.at risk of imminent execution, were detainedarbitrarily. The Working Group stated that the In April, King Salman issued a royal decreemen had been deprived of their liberty calling on government entities to refrain fromwithout any legal basis, as they were requesting the authorization of a male guardian for any services unless stipulated in the regulations. The decree also orderedAmnesty International Report 2017/18 319

government entities to review their existing regularize their status or leave the countryregulations and to prepare a list of without penalties.procedures that would require a guardian’spermission. The decree could improve DEATH PENALTYwomen’s freedom to control their own lives;however, it had not been implemented by the Courts continued to impose death sentencesend of the year. The same month, Saudi for a range of crimes, including drug offencesArabia was elected as a member of the UN or for conduct that under internationalCommission on the Status of Women. standards should not be criminalized, such as “sorcery” and “adultery”. Many In September, the King issued another royal defendants were sentenced to death afterdecree allowing women to drive, due to enter unfair trials by courts that convicted theminto force after 23 June 2018. The decree without adequately investigating allegations ofstated that it would be implemented coerced “confessions”, including underaccording to “established legal regulations”, torture. The authorities routinely failed towithout providing clarification, which raised inform families of their relatives’ imminentquestions about how it would be execution, or failed to inform themimplemented in practice. Following this immediately after executions had beenannouncement, women’s rights activists who carried out.had campaigned against the driving banreported receiving telephone calls warning On 11 July, father-of-two Yussuf Ali al-them against publicly commenting on the Mushaikhass was executed along with threedevelopment or risk facing interrogations. other men for terror-related offences in connection with anti-government protests in Maryam al-Otaibi, a 29-year-old activist who the Eastern Province between 2011 andhad actively participated in the campaign to 2012. His family only found out about theend the male guardianship system, was execution after it had happened when theyarrested and detained in the capital, Riyadh, saw a government announcement onon 19 April after fleeing an abusive home television. The court appeared to have basedenvironment in al-Qassim. She was the conviction largely on “confessions” whichinterrogated after her father – also her legal Yussuf al-Mushaikhass told the court hadguardian – filed a complaint against her for been obtained under torture and other ill-leaving the family home. On 30 July, she was treatment.released on bail. At the end of the year hercase was ongoing in court and she was at Said al-Sai’ari was executed onrisk of being detained again. 13  September. He had been sentenced to death by the General Court in Najran in Loujain al-Hathloul, a prominent human 2013, although the court concluded thatrights defender who had been detained for there was insufficient evidence to convictdefying the driving ban, was rearrested and him. In passing its verdict, the court relied ondetained on 4 June upon arrival at Dammam the sworn statements of the victim’s father,airport. She was questioned about her who believed that Said al-Sai’ari wasactivism and released four days later. The responsible for the murder of his son, evenconditions of her release remained unclear. though the victim’s father was not present at the crime scene.WORKERS’ RIGHTS – MIGRANTWORKERSThe authorities continued to crack down onmigrant workers with irregular status,arresting, detaining and deporting thousands.In March, the Ministry of Interior launched acampaign called “A Nation withoutViolations”, giving migrant workers 90 days to320 Amnesty International Report 2017/18

SENEGAL “public disorder” after they held peaceful demonstrations in Dakar calling for KhalifaRepublic of Senegal Sall’s release. All but one were released theHead of state: Macky Sall same day.Head of government: Mahammed Dionne In July, the security forces used tear gasThe rights to freedom of peaceful assembly and batons to repress a peacefuland of expression were restricted. demonstration organized by former PresidentConditions of detention remained harsh. and opposition leader Abdoulaye Wade. TheChildren were forced into begging on the authorities stopped the protest under a 2011street. Impunity for human rights violations decree banning all assemblies in city centrewas not addressed. areas.UNFAIR TRIALS FREEDOM OF EXPRESSIONKhalifa Sall, opposition leader and Mayor of Journalists, artists, social media users andDakar, the capital, was detained on 7 March, others who expressed dissent were arbitrarilyon charges including criminal conspiracy, arrested.forgery and falsification of records,misappropriation of public funds, fraud and On 30 June, journalist Ouleye Mané andmoney laundering. He was denied bail on three others were arrested for “publishingseveral occasions. In July, while in detention, pictures which offended morality” andhe was elected to Parliament. In November, “criminal conspiracy” after sharingthe National Assembly lifted his photographs of the President on WhatsApp.parliamentary immunity at the Public They were released on bail on 11 August.Prosecutor’s request. His lawyers andopposition and civil society groups expressed Ami Collé Dieng, a singer, was arrested inconcerns that the judiciary showed a lack of Dakar on 8 August and charged withindependence in his case. Seven others were \"offending the head of state” and \"spreadingcharged in the same case, five of whom false news\", after she sent an audio-recordingremained, along with Khalifa Sall, in criticizing the President on WhatsApp. Shedetention without trial in Rebeuss prison in was released on bail on 14 August.Dakar. In August, the Public Prosecutor issued aFREEDOM OF ASSEMBLY formal warning to anyone posting “offensive” comments or images on the internet, as wellThe authorities banned peaceful as to site administrators, that they faceddemonstrations and arrested protesters, prosecution for cybercrimes under theparticularly in the run-up to the July Criminal Code.elections. The new Press Code, adopted by the In June, security forces shot and injured two National Assembly in June, was vaguelywomen, and beat several others, during a worded and provided for custodial sentencesprotest in the city of Touba against the ill- for press offences. It allowed the Ministers oftreatment of a 14-year-old boy by members Interior and of Communication to ban foreignof a religious association, often described as newspapers and periodicals, and provided forthe “religious police”. The police denied prison terms and fines for anyone defying theopening fire on the protesters but opened an ban. Article 192 empowered administrativeinvestigation into the incident. authorities to order the seizure of property used to publish or broadcast information, to About 20 members of the “collective of suspend or stop a television or radio1,000 youth for the release of Khalifa Sall” programme, and to provisionally close awere arrested in June and November for media outlet on national security or territorial integrity grounds, among other things. It provided for prison sentences for offences including “offending” the head of state,Amnesty International Report 2017/18 321

defamation, insults, the transmission or IMPUNITYdistribution of images contrary to morality,and spreading false news. It criminalized In April the UN Committee on Enforcedvarious techniques used by whistleblowers, Disappearances issued its concludingfor which prison terms would be imposed. observations on Senegal. It recommendedArticle 227 allowed for restriction of access to that criminal legislation and investigationonline content deemed to be “contrary to procedures be brought in line with themorality”, to “degrade honour” or to be International Convention for the Protection of“patently unlawful”, in certain cases. All Persons from Enforced Disappearance and that the Senegalese Human RightsDETENTION AND DEATHS IN CUSTODY Committee be strengthened in line with the Principles relating to the Status of NationalPrison conditions remained harsh and Institutions (Paris Principles).overcrowded. At least four people died incustody, including two who were believed to INTERNATIONAL JUSTICEhave hanged themselves. In April, the Extraordinary African Chambers Dozens remained in prolonged pre-trial in Senegal upheld the conviction anddetention on terrorism-related charges. Imam sentence of life imprisonment of formerNdao had been detained for over two years Chadian President Hissène Habré for waron charges including “acts of terrorism” and crimes, crimes against humanity and torture“glorifying terrorism” before being brought to committed in Chad between 1982 and 1990.trial on 27 December. He was deniedadequate medical treatment for his SERBIAdeteriorating health. Republic of Serbia, including KosovoRIGHTS OF LESBIAN, GAY, BISEXUAL, Head of state: Aleksandar Vučić (replaced TomislavTRANSGENDER AND INTERSEX PEOPLE Nikolić in May) Head of government: Ana Brnabić (replacedThe Criminal Code continued to criminalize Aleksandar Vučić in June)consensual same-sex sexual relationsbetween adults. LGBTI people faced Impunity continued for crimes underdiscrimination, particularly in accessing international law. Slurs by officials andhealth services and justice. media close to the government created a toxic environment for transitional justiceCHILDREN’S RIGHTS activists and independent media.In July, Human Rights Watch reported that BACKGROUNDover 1,000 of the approximately 1,500children taken off the streets between July Mass demonstrations, protesting against2016 and March 2017 had returned to their electoral corruption and media bias, followedtraditional Qur’anic boarding schools. They the presidential elections won by the rulingwere taken out of the schools under a 2016 party in April. Former Serbian military leadersgovernment initiative to protect them from released after serving sentences handedforced begging and other abuses by Qur’anic down by the International Criminal Tribunalschoolteachers. Official inspections were not for the former Yugoslavia (ICTY) wereconducted in most of these schools, and increasingly afforded influential positions. Inmany children were forced to beg on the December, despite a UN Committee againststreets again. Few investigations into or Torture ruling against his extradition, Serbiaprosecutions of those responsible for the returned a Kurdish activist, Cevdet Ayaz, toabuses were carried out. certain imprisonment in Turkey.322 Amnesty International Report 2017/18

CRIMES UNDER INTERNATIONAL LAW Youth Initiative for Human Rights (YIHR) office, and messages accusing the NGO ofIn November, Ratko Mladić, former being “foreign mercenaries”. Also in January,Commander of the Republika Srpska Army, YIHR activists were physically attacked at awas convicted and sentenced to life ruling party meeting where Veselinimprisonment by the ICTY for genocide, Šljivančanin, convicted for war crimes incrimes against humanity and war crimes in Croatia, was speaking.Bosnia and Herzegovina (BiH). In August,the Appeal Court acquitted 10 people FREEDOM OF EXPRESSION –indicted for concealing Ratko Mladić, JOURNALISTSarrested in Serbia in 2011. Investigative journalists were subjected to In May, Snežana Stanojković was elected smear campaigns by ministers and mediaChief War Crimes Prosecutor. Only three close to the government. The ruling party’sprosecutions, all resulting in acquittals, were private security staff physically attacked sixconcluded at the Special War Crimes journalists reporting on demonstrations heldChamber. The retrial continued of former during the presidential inauguration on 31 soldiers indicted for war crimes in Kosovo, May. In July, journalists working for theincluding the first indictment for rape. Network for Investigating Crime and Corruption (KRIK) received death threats, In July, the trial of eight former Bosnian and the flat of investigative reporter DraganaSerb special police – accused of killing 1,313 Pećo was broken into. In September, theBosniak civilians near Srebrenica in July Defence Minister’s political party accused1995 – was halted because the 2016 KRIK editor-in-chief, Stevan Dojčinović, ofindictment had been filed in the absence of a being a drug addict and paid by foreigners.Chief Prosecutor. On appeal, the indictment This followed KRIK’s investigation into thewas reinstated; proceedings started afresh in minister’s property.November. In October, the Appeals Courtsimilarly dismissed charges against five RIGHTS OF LESBIAN, GAY, BISEXUAL,former Bosnian Serb paramilitaries indicted TRANSGENDER AND INTERSEX PEOPLEfor the February 1993 abduction of 20people from a train at Štrpci station in BiH The appointment of Ana Brnabić, a lesbian,and their murder. as Prime Minister, and her presence at the Belgrade Pride in the capital in SeptemberENFORCED DISAPPEARANCES was welcomed by some as progress. However, the authorities failed to protectRelatives of the disappeared were denied LGBTI individuals and organizations fromrecognition as civilian victims of war, if their discrimination, threats and physical attacks.missing family member had died outside In April, the UN Human Rights CommitteeSerbia. urged Serbia to implement hate crime legislation effectively, and to introduce a In May, relatives of missing Kosovo Serbs procedure for legal gender recognitioncalled on the government to make progress compatible with international standards.in recovering their bodies. There was noprogress towards the prosecution of those DISCRIMINATION – ROMAresponsible for the transfer and subsequentburial of bodies of Kosovo Albanians in Serbia Roma families in Belgrade continued to livein 1999. in informal settlements. They were denied access to social and economic rights,HUMAN RIGHTS DEFENDERS including health, education, water and sanitation, and were at risk of forced eviction.Transitional justice NGOs were attacked by Some 44 of over 100 Roma families forciblysenior government officials, including evicted in 2012 were still living in containersAleksandar Vučić, by media supportive of thegovernment and on social media. In January,intruders left bags of fake bank notes at theAmnesty International Report 2017/18 323

awaiting resettlement; planned apartments KOSOVOfor 22 families were not due to be completeduntil February 2019; by November, two of the CRIMES UNDER INTERNATIONAL LAWremaining families due to be moved to Under 2014 legislation, the competencies ofvillages north of Belgrade had been the EU-led Police and Justice Missionrehoused. (EULEX) for the prosecution of crimes under international law were limited, although some Roma continued to face ill-treatment by prosecutions continued. The absence of anypolice. In April, a Roma couple, who reported agreement on mutual legal assistancethat their car had been stolen, were detained between Kosovo and Serbia hampered theby the police for 13 hours, denied access to a prosecution of Serbs suspected of crimeslawyer, severely ill-treated, and threatened under international law during the 1998-99that their children would be taken to an armed conflicts, including conflict-relatedorphanage. sexual violence (CRSV).REFUGEES’ AND MIGRANTS’ RIGHTS Hundreds of unresolved case files were due to be transferred by June 2018 to Kosovo’sRefugees and migrants were trapped in the Special Prosecution Office. Prosecutors,country; those trying to enter the EU via NGOs and survivors of CRSV were concernedHungary and Croatia were repeatedly and that testimonies, known to have beenviolently returned to Serbia. gathered after the armed conflict by the UN Mission in Kosovo (UNMIK), had not been In January, up to 1,800 refugees and promptly or adequately investigated. In June,migrants were still living in abandoned former president Atifete Jahjaga was deniedwarehouses, often in sub-zero temperatures. entry to Serbia, where she was due to presentBy May, they had all been evicted and a book of testimonies from survivors of CRSV.transferred to government-run centres, where REPARATIONconditions were inadequate and Progress was made in implementingovercrowded. There were continued legislation introduced in 2014, whichobstacles and delays in registering, provided some reparation for survivors ofinterviewing and providing identification for CRSV. A commission was appointed toasylum-seekers. By August, out of 151 consider applications from survivors, whoasylum applications that were received, two were due to be able to apply for monthlywere accepted and 28 rejected; 121 asylum compensation payments from January 2018.applications were being processed. Other reparation measures did not meet international standards, failing to provide The EU negotiated an agreement with survivors with free health care or adequateSerbia, enabling the European Border and rehabilitation. Stigma associated with war-Coast Guard Agency (FRONTEX) to operate time rape continued to overshadow survivors.within Serbia. ENFORCED DISAPPEARANCES Little progress was made in locating peopleVIOLENCE AGAINST WOMEN AND GIRLS still missing from the armed conflict and its aftermath. Of the few remains recovered, theIn May, Serbia adopted 18 May as body of a man buried by Albanian villagers,Remembrance Day for women killed by their who had found him in a river flowing fromhusbands or partners. In July, women’s Kosovo, was exhumed in September. Someorganizations protested at the authorities’ 1,658 people were still missing.failure to protect two women and one of theirchildren, who were killed by their former The Kosovo Specialist Chambers opened inhusbands in two separate incidents at the The Hague on 28 June. It had beenBelgrade Centre for Social Work. In established to investigate the allegedNovember, Serbia ratified the Istanbul abduction, torture and murder of KosovoConvention on preventing and combating Serbs and some Kosovo Albanians,violence against women.324 Amnesty International Report 2017/18

transferred to Albania by members of the May, the Law on Compensation for CrimeKosovo Liberation Army (KLA) during and Victims was extended to victims of domesticafter the war. In December, MPs failed to violence, trafficking, rape and child sexualrevoke the law governing the Specialist abuse. However, few received adequateChambers, which they considered protection from the authorities.discriminated against the KLA.DETENTION SIERRA LEONEIn May, the Kosovo Rehabilitation Centre forTorture Victims, authorized to monitor the Republic of Sierra Leonetreatment of the people in detention, was Head of state and government: Ernest Bai Koromarefused access to prison hospitals after thesehad been transferred to the Ministry of Restrictions were imposed on the rights toHealth. Some detainees were held for long freedom of expression, of peacefulperiods before and during trial; one assembly and of association. Hundreds ofdefendant was detained for over 31 months, people died and thousands were leftin violation of the Criminal Procedure Code. homeless following a mudslide. PrisonThe Ministry of Justice failed to provide an conditions fell far below internationalexplanation for the death in detention of Astrit standards. Pregnant girls were excludedDehari, a member of the Vetëvendosje from school.opposition party, in November 2016.FREEDOM OF EXPRESSION FREEDOM OF EXPRESSIONIn October, the first Pride took place withgovernment support. Hate crimes Abdul Fatoma of the Campaign for Humaninvestigations were opened after a speaker on Rights and Development International wastransgender rights subsequently received arrested in the capital, Freetown, on 31 serious threats. January after he participated in a radio discussion in which he criticized the The Association of Kosovo Journalists government and Anti-Corruption Commissionreported an increase in attacks, especially on for their lack of accountability. He wasinvestigative journalists. released on bail on 1 February but hisRIGHT TO HEALTH passport was withheld for 45 days.1In May, the UN Secretary-General agreed toset up a voluntary trust fund, but refused to Three journalists from the Salone Times andpay compensation, apologize or accept New Age newspapers were summoned toresponsibility – as recommended in 2016 by court on 22 September to respond to variousthe UNMIK Human Rights Advisory Panel – charges of seditious libel under the Publicfor the lead poisoning of 138 Roma, Order Act 1965, after they published storiesEgyptians and Ashkali who were relocated by criticizing plans by the NationalUNMIK to an internally displaced persons Telecommunications Commission to increasecamps in northern Kosovo in 1999. The telecommunications prices. Their preliminaryPanel found that the right to life, health and hearing was adjourned twice and they hadnon-discrimination of the 138 internally not been summoned to appear in court bydisplaced people had been violated. They the end of the year.had suffered from lead poisoning and otherhealth conditions, including seizures, kidney FREEDOM OF ASSEMBLYdisease, and memory loss, after they hadbeen placed in the camps on land known to On 23 March, security forces killed a teenagebe contaminated. boy of around 16 and seriously injured twoVIOLENCE AGAINST WOMEN AND GIRLS students when they opened fire on a NjalaIn April, a National Strategy for Protection University student protest in Bo, southernfrom Domestic Violence was launched. In region. The students were protesting against a lecturers’ strike during which time theAmnesty International Report 2017/18 325

university was closed for several months. people dead and around 3,000 homeless.Police said that the students did not obtain a Most of the victims had been living inpermit to protest, and that they burned tyres informal settlements. Poor planning, and aand blocked roads. Seven students were failure to implement relevant legislation orarrested but released without charge after provide adequate housing exacerbated thebeing detained for two days. The scale of the disaster.2 The authoritiesIndependent Police Complaints Board provided immediate support and temporarylaunched an investigation into allegations that shelter for survivors but closed these campspolice used excessive force. in mid-November. Households were given cash and other benefits to help them On the same day, police fired tear gas to relocate. No public enquiry had beendisperse students protesting against the established into the incident by the end ofstrike in front of the President’s residence in the year.Freetown. Fourteen students were arrestedand charged with riotous conduct, and fined In August, the UN Special Rapporteur onand released by the Magistrate Court. Two human rights and hazardous substances andother students were arrested that day at State wastes visited Sierra Leone. He raisedHouse and charged with conspiracy and concerns about the human rights impact ofpossession of an offensive weapon. They hazardous substances and waste, and calledwere released on bail and their case was on the government to adopt and enforce lawsongoing at the end of the year. and policies related to waste reduction and labour inspection requirements. On 21 September, police prevented theMalen Land Owners and Users Association CHILDREN’S RIGHTS(MALOA) from holding a peaceful assemblyin Pujeheun town. The gathering had been In October, civil society organizationsorganized to coincide with a meeting between reiterated calls on the government to allowMALOA members and the District Security pregnant girls to attend mainstream schoolsCommittee on the International Day against and sit exams. Part-time education schemesmonoculture tree plantations. The police for pregnant girls, available three days a weekblocked the road and prevented them from with a reduced curriculum, ended in July andjoining the assembly, but allowed six were due to resume in January 2018. Manymembers to attend the meeting. girls who had given birth were unable to return to school due to costs such as child In October, the District Security Committee care, school fees or other associated costsdenied MALOA permission to hold a meeting like uniforms.in Pujeheun on the grounds that theassociation was not registered in the DETENTIONChiefdom. The Paramount Chief had refusedto register the group since 2013, even though Prisons remained overcrowded, largely due tothey were registered with the Registrar prolonged pre-trial detention periods, and fellGeneral in Freetown. far below international standards. Civil society organizations raised concerns about delayedHUMAN RIGHTS DEFENDERS access to health care for inmates; inadequate food and basic items; poor conditions inIn February, the Human Rights Defenders police cells, including inadequate sanitation;Network submitted a draft bill to protect and extended detention periods whichhuman rights defenders to the Attorney violated detainees’ constitutional rights.General’s office. In November, civil society organizationsECONOMIC, SOCIAL AND CULTURAL called for the decriminalization of pettyRIGHTS offences, such as fraudulent conversion (criminalization of debt), and loitering, whichOn 14 August, a mudslide in the Regent were used disproportionately against womencommunity of Freetown left more than 400326 Amnesty International Report 2017/18

and marginalized communities. They also SINGAPOREcontributed to prison overcrowding.Legislation on these offences was vaguely Republic of Singaporeworded and allowed for arbitrary arrests. Head of state: Halimah Yacob (replaced Tony Tan Keng Yam in September) In May, new bail and sentencing guidelines Head of government: Lee Hsien Loongto reduce the use of pre-trial detention wereapproved by the Rules of Court Committee Amendments to Singapore’s Public Orderand became binding on the courts. Act gave authorities greater powers toARBITRARY ARRESTS AND DETENTIONS restrict or ban public assemblies. FreedomOn 1 June, Mohamed Kamaraimba of expression and assembly sufferedManasary, leader of the Alliance Democratic another blow as charges were broughtParty, was arrested on allegations that he was against those who participated in peacefulin possession of a stun gun. He was charged protests.with possession of an offensive weapon andreleased on bail on 7 June. On 21  June, the FREEDOM OF ASSEMBLYcharges were dropped and a new charge wasbrought of unlawful possession of small arms In April, amendments to the Public Order Actunder the Arms and Ammunition Act 2012 to impose more regulations on organizers ofwhich does not specifically cover stun guns. public events passed into law. The amendedHis bail was revoked and he was detained for law stipulated that organizers must apply foranother week before being released on 28  a permit at least 28 days in advance of anJune. His trial was ongoing at the end of the event and inform the police of the estimatedyear. He and his lawyers claimed that his size of the gathering. Punishments laid downarrest was politically motivated. for breaches of the regulations included a fine of up to S$20,000 (USD14,297),DEATH PENALTY imprisonment for up to a year, or both. Permit applications could be rejected if theDeath sentences continued to be handed gathering was for a political purpose or wasdown. In September, six police officers were attended, organized or funded by foreignsentenced to death by firing squad for nationals.1conspiracy and robbery with aggravation. Human rights defenders were investigatedLEGAL, CONSTITUTIONAL OR by police for participating in peaceful publicINSTITUTIONAL DEVELOPMENTS assemblies. In June, nine activists who held a silent protest were investigated for assemblyOn 10 November, the government issued a without a permit under the Public Order Act.White Paper in response to the Constitutional In September, 10 activists were investigatedReview Committee’s recommendations. It for holding a peaceful vigil for Prabagaranrejected over 100 of the Committee’s 134 Srivijayan on the eve of his execution in July.2recommendations, including abolition of the In November, activist Jolovan Wham faceddeath penalty, and constitutional provisions to seven charges for his role in several peacefulprotect economic, social and cultural rights assemblies over a one year period, includingand equal rights for women.3 the silent protest and vigil for Prabagaran Srivijayan.31. Sierra Leone: Anti-corruption activist’s detention an attempt to stifle freedom of expression (News story, 1 February) FREEDOM OF EXPRESSION2. Sierra Leone: Housing and environmental failures behind shocking In August, lawyer Eugene Thuraisingam was scale of mudslide deaths (News story, 18 August) fined S$7,000 (USD5,122) for contempt of court after posting a poem about the3. Sierra Leone: Government rejection of important constitutional review execution of his client, Muhammed Ridzuan recommendations a missed opportunity to strengthen human rights protection (News story, 6 December)Amnesty International Report 2017/18 327

Mohd Ali. Contempt of court proceedings SLOVAKIAwere initiated against US-based academic LiShengwu for a Facebook post suggesting Slovak RepublicSingapore’s courts were not independent. In Head of state: Andrej KiskaSeptember, artist and activist Seelan Palay Head of government: Robert Ficowas arrested under the Public Order Act forperforming a political art piece outside The Court of Justice of the European UnionParliament. (CJEU) rejected Slovakia’s complaint against mandatory refugee relocationDEATH PENALTY quotas. The discrimination of Roma remained widespread, and the EuropeanExecution by hanging continued to be carried Commission continued an infringementout for murder and drug trafficking. On 14 procedure against Slovakia for July, Malaysian national Prabagaran discrimination against Roma pupils inSrivijayan was executed despite an appeal schools.pending on his case in Malaysia.4 DISCRIMINATION – ROMARIGHTS OF LESBIAN, GAY, BISEXUAL,TRANSGENDER AND INTERSEX PEOPLE POLICE AND SECURITY FORCES In January, a new crime prevention strategyLGBTI people continued to suffer was adopted aimed at strengthening policingdiscrimination. In July, organizers were in Roma settlements; it triggered concern byrequired by authorities to conduct identity NGOs over ethnic profiling andchecks at the annual Pink Dot LGBTI event. discrimination. In September, the EuropeanForeigners were officially banned from taking Roma Rights Centre filed a civil complaintpart.5 against the Ministry of Interior for the breach of anti-discrimination law for enhancedWORKERS’ RIGHTS – MIGRANT policing in Roma settlements.WORKERS In March, four Roma who had alleged theHousing conditions for foreign workers were excessive use of force by police in April 2015criticized by NGOs and at least one in the village of Vrbnica filed a complaint withconstruction firm was fined for housing the Constitutional Court with the support ofworkers in unhygienic conditions. the NGO Centre for Civil and Human Rights. The Department of Control and InspectionCOUNTER-TERRORISM AND SECURITY Service (SKIS) had pressed charges against the chief of the police operation in DecemberArrests continued under the Internal Security 2016, but failed to hold the individual policeAct, which allows detention without charge or officers who had participated in the action totrial for indefinitely renewable two-year account. The complaint remained pending atperiods. the end of the year.1. Singapore: Authorities given broad new powers to police protests In May, the European Roma Rights Centre (News story, 4 April) published a video of police officers beating Roma residents with batons during a police2. Singapore: Investigation into peaceful assembly is the latest effort to operation in the village of Zborov on 16 April. intimidate human rights defenders (ASA 36/7076/2017) The residents did not appear to resist or engage in violence. In May, the police3. Singapore: Activist faces seven charges for peaceful protest (ASA president stated that a number of the 36/7516/2017) operation’s aspects seemed inappropriate. In July, the Ministry of Interior opened an4. Singapore: Malaysian man hanged in hurried, secretive manner (ASA investigation into the case. 36/6740/2017)5. Singapore: Restrictions to LGBT gathering another attempt to suppress activism (ASA 36/6386/2017)328 Amnesty International Report 2017/18

In May and August, the police opened schools. This potentially positive move wasinvestigations targeting six victims of alleged undermined by the authorities failing toexcessive use of force by the police in the provide sufficient support for Roma pupils,Roma settlement in the village of Moldava notably transport costs. In March, some non-nad Bodvou in June 2013. The police Roma parents at one of the schools protestedaccused the victims of having committed the against the transfer of Roma children to thecriminal offence of falsely accusing the police school.of wrongdoing. REFUGEES AND ASYLUM-SEEKERS In May, the District Court in Košice againacquitted the police officers accused of the In September, the CJEU rejected theill-treatment of six Roma boys at a police application submitted in 2015 by Slovakiastation in 2009. The Court held that there and Hungary against the mandatorywas insufficient evidence. The Prosecutor relocation scheme which aimed to relocateappealed against the decision. refugees from EU member states such asRIGHT TO EDUCATION Greece and Italy. The CJEU held that the EUThe infringement proceeding launched in institutions can adopt the provisional2015 by the European Commission against measures necessary to respond effectivelySlovakia for the systemic discrimination and and swiftly to an emergency situationsegregation of Roma children in education characterized by a sudden inflow ofremained open. In March, the Minister of displaced persons. By the end of 2017,Education stated that complex reform plans Slovakia had accepted only 16 asylum-were under way, but it was unclear what seekers of the 902 that it was assigned.these consisted of. The 2016 amendments tothe School Act had limited impact since 1. Slovakia: A lesson in discrimination − segregation of Romanientering into force.1 They failed to address children in primary education (EUR 72/5640/2017)the systemic over-representation of Romachildren in special schools and classes for SLOVENIAchildren with mild disabilities. Mainstreamprimary schools lacked the human and Republic of Sloveniafinancial resources to tackle the segregation Head of state: Borut Pahorof Roma pupils. Head of government: Miro Cerar In February, the NGOs eduRoma and Amendments to the Aliens Act underminedEuropean Roma Rights Centre criticized the the rights of asylum-seekers. There was noresults of the Ministry of Education’s 2016 progress in addressing the long-standingfunding reforms for schools educating human rights violations against those knownstudents from socially disadvantaged as the “erased”. Roma continued facingbackgrounds. The responsibility for widespread discrimination and socialclassifying students as having a “social exclusion, particularly regarding the right todisadvantage” was given to psychologists housing.rather than social services. There were casesof misclassifications of students and REFUGEES AND ASYLUM-SEEKERSconsequently insufficient resources wereallocated to schools. The Ministry temporarily In January, the National Assembly adoptedsuspended the measure, and at the end of amendments to the Aliens Act allowingthe year, pupils were assessed on the basis of special measures to be triggered after threatstheir parents’ situation. to public order and national security occur. Under these measures, Slovenia would be In September, following the 2016 closure of able to deny entry to people arriving at itsthe ethnically segregated Primary School borders and automatically expel migrants andHollého Street in the town of Žilina, Romapupils were transferred to a number of otherAmnesty International Report 2017/18 329

refugees who enter irregularly without THE ‘ERASED’assessing their asylum claims. Suchmeasures had not been invoked by the end Long-standing human rights violationsof the year. continued to persist against the “erased”, an estimated 25,000 former permanent In July, the Court of Justice of the European residents of Slovenia mostly originating fromUnion ruled that two Afghan families and a other former Yugoslav republics. They wereSyrian national who had sought asylum could removed from the official registry followingbe deported back from Austria and Slovenia the country’s independence. The authoritiesrespectively to Croatia, the first EU country failed to offer new options to the remainingthey had entered. The ruling upheld the “erased” in terms of restoring their legalrequirement of the so-called 2013 Dublin status and related rights since the expiry ofregulation which imposes that refugees seek the Legal Status Act in 2013. In Septemberasylum in the first country they reach, even in and November, the European Court ofexceptional circumstances. Slovenia’s Human Rights ruled as inadmissibleMinistry of Interior stated its intention to complaints by some of those whosedeport the Syrian asylum-seeker referred to applications for restoring legal status hadin the ruling; he had not been deported by been rejected under the Legal Status Actthe end of the year. Refugees struggled to provisions.support themselves as a consequence of the2016 amendments to the International ROMAProtection Act. The amendments ended theshort-term financial assistance designed to Roma continued to face widespreadhelp refugees bridge the gap before they discrimination and social exclusion. Manyreceived social support, leaving many of were living in segregated settlements inthem without funds in the first month after inadequate housing, lacking security ofthey were granted international protection. tenure and access to water, electricity, sanitation and public transport. The Slovenia had committed to accept 567 government had yet to adopt aasylum-seekers by September 2017 from comprehensive National Roma Strategy asGreece and Italy under the EU relocation recommended by the parliamentaryscheme; by the end of the year it had commission for human rights in 2015. Inresettled only 232 people. February, approximately three quarters of the Roma political representation, led by theDISCRIMINATION Forum of Roma council members, adopted a platform of political demands, includingIn September, the National Assembly immediate access to basic services andamended the Ombudsman Act to provide it infrastructure, and the strengthening of theirwith a broad mandate to combat political participation. Other Romadiscrimination, and to establish a National organizations followed suit. In October, theyCentre for Human Rights with capacity for held the first Roma-organized publicresearch and education under the demonstrations echoing similar demands.Ombudsman’s Office. Alongside the Advocatefor Equality, an independent anti-discrimination body established in 2016,these steps were welcomed by civil society.However, human rights organizations warnedthat the anti-discrimination framework as awhole still lacked monitoring, policy-makingand executive powers as well as adequateresources to be fully effective.330 Amnesty International Report 2017/18

SOMALIA COUNTER-TERROR AND SECURITYFederal Republic of Somalia Soon after he took office, PresidentHead of state: Mohamed Abdullahi Mohamed (replaced Mohamed declared that reform of theHassan Sheikh Mohamud in February) security forces and the defeat of al-ShabaabHead of government: Hassan Ali Khayre (replaced would be among his main priorities. AttacksOmar Abdirashid Ali Sharmarke in March) on civilians by al-Shabaab intensified over theHead of Somaliland Republic: Muse Bihi Abdi (replaced year; the most serious took place at a hotel inAhmed Mohamed Mahamoud Silanyo in November) Mogadishu, the capital, on 14 October in which, according to the government, overDrought led to mass displacement and 512 people were killed.emergency levels of food insecurity. Up tothree civilians were reported to have been According to media reports, the USkilled in US air and drone strikes. Kenya government made secret changes to its rulescontinued its voluntary repatriation scheme on the use of lethal force in counter-terrorfor Somalis from Dadaab refugee camp and operations, and included Somalia as one ofstopped registering new arrivals from its designated areas for “active hostilities”.Somalia. The armed group al-Shabaab and This effectively meant that US forces couldthe authorities severely restricted journalists target those thought to be al-Shabaab fightersin their work. While women made small wherever they were located, regardless ofstrides in the political sphere, sexual and whether they posed an imminent threat togender-based violence remained prevalent. life, and without obtaining high-level authorization. According to the Bureau ofBACKGROUND Investigative Journalism, a UK-based NGO, up to three civilians were killed in 31 USThe Somali Parliament, which represented all air strikes and strikes by remotely pilotedregions of Somalia, including Somaliland and vehicles (drones) during the year.Puntland, elected Mohamed AbdullahiMohamed (also known as Farmajo) President REFUGEES’ AND MIGRANTS’ RIGHTSin February. In February, President Mohamedappointed Hassan Ali Khayre as Prime On 9 February, the High Court in KenyaMinister. Some presidential candidates were declared that the Kenyan government’s 2016accused of using millions of US dollars of directive to close Dadaab refugee camp incampaign finances to bribe MPs to vote for Garissa County was unconstitutional and inthem. MPs were elected according to a violation of Kenya’s obligations undersystem that allowed male elders belonging to international and national law (see Kenyathe four main clans one vote per person while entry). The majority of refugees housed at themale elders from minority clans were allowed camp were from Somalia. From January tohalf a vote. This effectively denied young November 2017, according to UNHCR, thepeople, women and men from minority clans UN refugee agency, approximately 32,500equal voting rights. Elections also took place Somali refugees were voluntarily repatriatedin Somaliland territory, where Muse Bihi Abdi from Kenya to Kismayo, Baidoa, Mogadishu,was elected President. Luuq, and Afmadow in south-  central Somalia under the Tripartite Agreement The peacekeeping forces AMISOM (AU between Kenya, Somalia and UNHCR. By theMission in Somalia) withdrew from key end of the year, there were 229,592 Somalislocations in Somalia throughout the year, registered as refugees in Dadaab refugeeafter which al-Shabaab regained control over camp. However, Kenya continued not totowns in conflict areas, including in El Buur, register new arrivals from Somalia.Bardere and Lego, located in southern andcentral Somalia. FREEDOM OF EXPRESSION Al-Shabaab prohibited journalists from operating in areas under its control. TheAmnesty International Report 2017/18 331

group continued to detain, threaten and emergency levels in the southern and centralharass media workers throughout the regions, primarily among displacedcountry. populations, but also among those directly affected by the protracted conflict. In August, In July, the Somali Cabinet passed a the UN Office for the Coordination ofrepressive law that established a statutory Humanitarian Affairs (OCHA) estimated thatregulatory body − whose members were 388,000 children were malnourished andappointed by the Minister of Information and 87,000 were in need of life-saving support.which oversaw the content of print andbroadcast media. The law established a SOUTH AFRICAblanket prohibition on news deemed to befalse and on the publication of “propaganda” Republic of South Africawithout providing a clear definition of those Head of state and government : Jacob G. Zumaterms. The legislation was vaguely wordedand included broad restrictions on Profound inequalities continued tojournalists; and gave the authorities wide undermine economic, social and culturaldiscretion to prosecute media workers. rights, including in access to sexual and reproductive health services. Failures in the The Somaliland Journalist Association said criminal justice system obstructed access tothat more than 30 journalists were arrested justice for victims of hate crimes andand detained by authorities in Somaliland for gender-based violence. Investigations intocriticizing the government. police conduct following excessive use of force during protests were ongoing.WOMEN’S RIGHTS BACKGROUNDThe Somali election quota system reserved30% of seats for women. As a result, the level Protests against corruption were widespread.of women’s representation improved and Political tension was heightened afteramounted to 24% of the lower house and President Zuma made substantial changes to22% of the upper house. members of government in March, including the dismissal of Finance Minister Pravin Sexual and gender-based violence Gordhan.continued to be widespread although it wasunder-reported. The Integrated Management Despite increased public spending onSystem of Somalia, a government agency, health, education and essential services, thedocumented at least 271 and 312 cases of national statistical service reported that thegender-based violence against displaced country was unable to reduce poverty andwomen and girls in Somaliland and Puntland inequality.respectively, and at least 400 cases in south-central Somalia. The drought led to more EXCESSIVE USE OF FORCEwomen being separated from their families,which put them at greater risk of sexual and The Independent Police Investigativegender-based violence, particularly because Directorate reported an increase in abuse ofthey were perceived as lacking “male power by the police, including 394 deaths asprotection”. a result of police action and 302 deaths in police custody in 2016-2017, both figuresECONOMIC, SOCIAL AND CULTURAL higher than for the previous year. It alsoRIGHTS reported 173 cases of torture, 112 of rape by police officers – including 35 casesThere was an unprecedented drought that committed by officers on duty – and 3,827 ofled to a significant increase in the numbers of assault by police. At the end of the year, itinternally displaced people, estimated to be concluded its investigation into the fatal943,000 by the end of the year. Over 3 million people experienced emergency levelsof food insecurity. Malnutrition reached332 Amnesty International Report 2017/18

shooting by police officers of journalist 2012 had resulted in convictions, citing aGodknows Nare in April in Johannesburg, lack of resources and training for policeand handed the case to the Director of Public officers, as well as failures to investigate theProsecution. Godknows Nare was reported to crimes and gather forensic evidence.have been shot at by the officers, whothought he had stolen a car, after he exited In May, the Department of Justice publishedhis car with his arms raised. the South African Law Reform Commission report on adult prostitution. The Commission On 23 May, 17-year-old Leonaldo Peterson recommended that the sale and purchase ofwas shot at his home by police officers with a sex remain criminalized, contradicting therubber bullet at close range in Gauteng testimonies and recommendations of sexprovince, during a protest in the workers and activists, the South Africanneighbourhood. His wounded hand required Commission for Gender Equality, as well asmultiple surgeries. human rights and public health experts. In June, Zwelethu Mthethwa was sentenced to On 27 May, Samuel Mabunda, a migrant 18 years’ imprisonment for the murder of sexfrom Mozambique, died as a result of injuries worker Nokuphila Kumalo in 2013. The casefollowing beatings by the “Red Ants”, a highlighted the delays faced by sex workersprivate security company hired by the police in accessing justice.to carry out evictions in Ivory Park,Johannesburg. A police investigation into the SEXUAL AND REPRODUCTIVE RIGHTScase was ongoing at the end of the year. Gross inequalities in women’s access to On 12 September, 14-year-old Ona Dubula sexual and reproductive health serviceswas shot at by police officers at close range persisted, with less than 7% of the country’swith rubber bullets in his face and ribs at an 3,880 health facilities offering abortioninformal settlement in Hout Bay town, services. The government failed to addressWestern Cape province, during protests over health care professionals’ refusal to providefishing licences; the injuries left him with abortion services as well as information onspeaking difficulties. A Directorate the location of those services, contrary toinvestigation into the incident was ongoing at international human rights standards. Lack ofthe end of the year. access to information on sexual and reproductive health and rights – includingUNLAWFUL KILLINGS how and where to access legal abortion services – and inequalities in access to thoseThe Department of Police said that killings of services for marginalized groups of womenlocal councillors persisted, as did murders and girls exacerbated existing barriers to safeand attempted murders at Durban’s abortion.Glebelands hostel complex – leading toseveral arrests in relation to the crimes. A RIGHT TO HEALTHCommission of Inquiry into the root causes ofpolitical killings in KwaZulu-Natal province Official statistics stated that almost one incommenced its hearings in March and was three boys and one in four girls suffered fromextended until March 2018. stunting.GENDER-RELATED VIOLENCE Despite health policies aimed at reducing the spread of HIV, incidence rates remainedViolence against women and girls, including particularly high among women and girls,gender-related killings, remained widespread. with an estimated 2,000 new HIV infectionsOver 39,000 cases of rape were reported to occurring every week among young womenthe police between April 2016 and March and girls aged 15 to 24.2017, although such cases were believed tobe grossly under-reported. In September, the Reporting to Parliament in September, theMedical Research Council stated that only Health Minster highlighted that the8.6% of rape cases opened by the police in politicization of provincial health departmentsAmnesty International Report 2017/18 333

and poor management had resulted in “a FREEDOM OF EXPRESSIONshortage of medical staff, medicines,equipment and other medical necessities” in On 7 July, the South Gauteng High Courtpublic health facilities. The chairperson of the granted the South African National Editors’Portfolio Committee on Public Service and Forum (SANEF) and 11 journalists anAdministration was reported to have received interdict against Black First Land First (BLF),death threats in March, following her a political party, and Andile Mngxitama, itsinvestigation into the poor performance of leader, after journalists covering allegations ofhealth facilities in Mpumalanga province. In corruption involving President Zuma and theJune, the South African Human Rights Indian-born Gupta family reported threatsCommission (SAHRC) found that the and harassment. On 17 July, Micah Reddy, aDepartment of Health in KwaZulu-Natal journalist at the amaBhungane Centre forprovince had violated cancer patients’ rights Investigative Journalism, said that he wasto life, health and human dignity, due to the harassed by a group of BLF supporters andlack of oncologists and functional equipment members, following his participation in afor screening and treating patients. panel discussion with Andile Mngxitama at the South African Broadcasting Corporation. In October, an arbitration hearing began inrelation to the deaths of over 118 patients On 27 July, amaBhungane organized awith mental illnesses who died after the public event in Johannesburg to discuss theDepartment of Health in Gauteng province “GuptaLeaks” emails, which exposed allegedmoved over 1,300 patients from the Life corruption by the political elite. The meetingEsidimeni health care facility to facilities was disrupted by BLF members and a groupmanaged by NGOs, because of resource of about 20 people believed to be from theconstraints. However, the SAHRC MK Inkululeko Foundation, a veterans’emphasized that “[all] of the 27 NGOs where association. On 11 August, the Souththe patients were relocated were unlicensed, Gauteng High Court found that BLFunder-resourced and had no capacity to take and Andile Mngxitama were in contempt ofon mentally ill people”. In February, the the 7 July court order, following anHealth Ombudsman found that the relocation application by journalists Sam Sole, Ferialbreached the rights of the patients and their Haffajee and the SANEF. The Court alsofamilies, including their rights to life and to ordered that the interdict be extended tohuman dignity. cover all journalists. On 29 September, BLF and Andile Mngxitama launched an appeal,INTERNATIONAL JUSTICE which SANEF and the journalists opposed.On 6 July, the ICC Pre-Trial Chamber found RIGHTS OF LESBIAN, GAY, BISEXUAL,that South Africa should have executed the TRANSGENDER AND INTERSEX PEOPLEarrest warrant against Sudanese PresidentOmar Al-Bashir when he visited the country LGBTI people continued to face harassment,in June 2015. South Africa’s Supreme Court discrimination and violence.of Appeal ruled in March 2016 that thegovernment’s failure to arrest President Al- On 4 April, the burned body of MatiisetsoBashir was unlawful.1 Alleta Smous, a lesbian woman, was discovered in Kroonstad, Free State province. Following the conclusion of South Africa’s An eyewitness said she was raped, stabbeddomestic legal processes, the Pre-Trial in the chest, and then burned to death.Chamber convened a hearing in April 2017. Three suspects were arrested on 5 April and released later that month due to insufficient A draft bill to repeal the Rome Statute evidence against them. An investigation intoDomestication Act was introduced to the murder was ongoing at the end of theParliament in early December, signalling the year.government’s intention to pursue its decisionto leave the ICC. On 15 May, the body of Lerato Moloi, a lesbian woman, was found in a field in334 Amnesty International Report 2017/18

Soweto, Gauteng province. The postmortem while their applications were processed,examination showed that she had been raped and also limit their rights to work andand stabbed in the neck. Two suspects were movement while awaiting a decision on theirarrested in May. The National Prosecuting application. It also proposed theAuthority referred the case to the establishment of a Border ManagementJohannesburg High Court. Authority – a centralized border control body – which would include police and customs. On 11 August, the Potchefstroom High The related Border Management AuthorityCourt sentenced David Shomolekae to life Bill was passed by the National Assembly onimprisonment for strangling Lesley Makousa, 8 June and was before the National Councila 16-year-old gay student, to death in August of Provinces for consideration.2016. David Shomolekae was found guilty ofmurder, robbery and housebreaking. In July, the SAHRC strongly condemned comments made by the Deputy Police The Prevention and Combating of Hate Minister as “irresponsible” andCrimes and Hate Speech Bill, which included “xenophobic”, after he said that most foreignhomophobic hate crimes, that was nationals in Johannesburg were engaged inintroduced in October 2016 had yet to be various crimes.approved by members of the governmentbefore going to the National Assembly. On 29 September, the Supreme Court of Appeal declared the 2012 decision by the On 6 September, the Western Cape High Department of Home Affairs to close theCourt ruled that the refusal by the Cape Town Refugee Reception OfficeDepartment of Home Affairs to allow unlawful and ordered it to reopen the Officetransgender people who had transitioned by March 2018.after they got married to change the gendermarkers on their official documents infringed On 30 November, the Refugee Amendmentcouples’ rights to equality and human dignity. Bill was passed by the National Assembly. ItThe Department of Home Affairs previously amended the Refugees Act 130 of 1998 andrequired transgender couples to get divorced restricts refugees’ right to seek and enjoybefore their gender markers could be asylum from persecution. In December,changed on their official documents. President Zuma assented to the Refugee Amendment Act (11 of 2017).REFUGEES’ AND MIGRANTS’ RIGHTS 1. ICC rules against South Africa on shameful failure to arrest PresidentHuman rights violations and discrimination Al-Bashir (News story, 6 July)against refugees, asylum-seekers andmigrants continued. SOUTH SUDAN On 29 June, the Constitutional Court Republic of South Sudandeclared section 34(1)(b) and (d) of the Head of state and government: Salva Kiir MayarditImmigration Act 13 of 2002 – including theprovision to hold an “illegal foreigner” in The armed conflict expanded and newcustody for up to 120 days without a court armed opposition groups emerged. Partieshearing – inconsistent with sections 12(1) to the conflict continued to commit crimesand 35(2)(d) of the Constitution and under international law and human rightstherefore invalid. The declaration was violations and abuses with impunity.however suspended for two years to enable Fighting between government andParliament to pass corrective legislation. opposition forces had a devastating humanitarian impact on the civilian In July, the Department of Home Affairs population. Conflict and hunger displacedpublished a white paper on international hundreds of thousands of people.migration intended to update migrationpolicy. The white paper proposed the creationof detention facilities at South Africa’sborders, which would house asylum-seekersAmnesty International Report 2017/18 335

BACKGROUND forces on the west bank of the White Nile, throughout the year. They indiscriminatelyThe Sudan People’s Liberation Movement/ attacked civilian towns and villages, includingArmy in Opposition (SPLM/A-IO), the main Wau Shilluk, Lul, Fashoda, Kodok andopposition group, remained split between Aburoc, and were responsible for deliberatethose loyal to Riek Machar and those loyal to killings of civilians, looting of property, andTaban Deng Gai. Taban Deng Gai had the displacement of tens of thousands ofreplaced Riek Machar as first Vice-President civilians.1in July 2016 after fighting betweengovernment and opposition forces in Juba, Fighting throughout the year in thethe capital, forced Riek Machar to flee South Equatoria region also resulted in numerousSudan. New opposition groups emerged civilian deaths. Cases of deliberate killings ofincluding the National Salvation Front, led by civilians, sexual violence crimes, looting andGeneral Thomas Cirillo Swaka, former deputy destruction of civilian property in Yei and Kajochief of general staff who resigned from Keji counties, mostly by government forces,South Sudan military in February 2017. were documented. SEXUAL VIOLENCE During the year, the legitimacy and Sexual violence continued to be a commonrelevance of the 2015 Agreement on the feature of the conflict. All sides subjectedResolution of the Conflict in the Republic of women, girls, men and boys to rape, gangSouth Sudan waned due its failure to improve rape, sexual slavery, sexual mutilationsecurity. In June, the Intergovernmental including castration, and forced nudity duringAuthority on Development announced that it attacks on villages, searches of residentialwould convene a high-level forum which areas, on roads and at checkpoints, andwould work to restore a permanent ceasefire following abduction or during detention.and the implementation of the Agreement. Government forces targeted women and girlsBetween August and November, the living in camps under the protection of theAuthority consulted with parties to the UN Mission in South Sudan (UNMISS)Agreement, other opposition groups, and key peacekeepers, when they went to buy orstakeholders including civil society, on the search for basic necessities such as food andforum’s design and its expected outcomes. A firewood. Survivors of sexual violence hadcessation of hostilities agreement was signed little access to appropriate medical andin December but, soon afterwards, renewed psychological treatment because of limitedfighting broke out in different parts of the availability or because they were unable tocountry. reach services. Perpetrators of crimes of sexual violence were rarely heldINTERNAL ARMED CONFLICT accountable.2 LACK OF HUMANITARIAN ACCESSHostilities between government and The hostile environment in whichopposition forces under Riek Machar, as well humanitarian workers operated significantlyas other armed opposition groups, affected undermined their ability to address food,most of the country. Parties to the conflict health care, education and emergencycommitted violations and abuses of shelter needs. Parties to the conflict regularlyinternational human rights and humanitarian obstructed humanitarian access bylaw, including targeted killings of civilians threatening, harassing, detaining oroften based on ethnicity or perceived political committing acts of violence againstallegiance; systematic looting and destruction humanitarian workers; at least 25 aid workersof civilian property; abductions; and crimes of were killed during the year, according to thesexual violence. UN Office for the Coordination of Humanitarian Affairs (OCHA). On numerous In Upper Nile, for example, government occasions fighting between armed groupsforces, aided by ethnic Dinka Padangmilitias, carried out repeated attacks onterritory held by opposition-aligned Shilluk336 Amnesty International Report 2017/18

forced humanitarian workers to relocate from Ethiopia, Uganda (see Uganda entry) andareas of operation and suspend services. Kenya (see Kenya entry), with approximatelyHumanitarian supplies were looted by parties 1 million refugees in Uganda.to the conflict, including, according to OCHA,more than 670 tons of food from ARBITRARY DETENTIONS AND TORTUREhumanitarian compounds in June and July. AND OTHER ILL-TREATMENTRIGHT TO FOOD In March, President Kiir announced plans to release all political detainees. At least 30An estimated 4.8 million people, almost half detainees were released during the year;the population, were severely food insecure however, the National Security Service (NSS)as a result of obstructions to humanitarian and the Military Intelligence Directorateaccess, armed conflict, mass displacement, continued to conduct arbitrary arrests andand the economic crisis. In February, hold perceived government opponents inlocalized famine was declared in the Leer prolonged detention without charge or trial.and Mayendit counties in Unity state. By Individuals were denied the right to have theirJune, the situation had improved following a detention reviewed by a court and were oftenlarge-scale humanitarian response. subjected to torture and other ill-treatment. Detention conditions were harsh; detainees In the Equatoria region, formerly rich in were regularly denied access to their familyfood, government and opposition forces members, adequate food and clean water.imposed restrictions on civilian access to The conditions, including inadequate medicalfood as a way to control their movement or care, contributed to the deaths of someforce them from their homes and land.3 detainees.Those who remained faced acute foodshortages, and malnutrition levels increased. The NSS released 21 detainees without charge from prolonged arbitrary detention in Across the country, displacement and the a prison in the NSS headquarters compoundthreat of violence hampered agriculture and in the Jebel neighbourhood of Juba; one wasprevented civilians from tending livestock or released in January, two in March, one inreceiving sustained and adequate food aid. April, two in May, and 15 in August. Most had been detained for between two and three The deteriorating economic situation also years. At least five others remained inexacerbated the food crisis. Government detention in the compound, accused ofrevenues fell due to low oil prices and oil communicating with or supporting theproduction. The depreciation of local opposition. A sixth man, James Gatdet,currency and the shortage of imported former SPLM/A-IO spokesperson, detained incommodities caused food prices to soar. The the same facility, was charged with incitinggovernment repeatedly failed to pay violence, “treason” and “publishing oremployees their salaries. communicating false statements prejudicial to Southern Sudan”. He was detained afterREFUGEES AND ASYLUM-SEEKERS AND he was forcibly returned from Kenya to SouthINTERNALLY DISPLACED PEOPLE Sudan in November 2016.4More than 3.9 million people − approximately Mike Tyson, Alison Mogga Tadeo, Richardone third of the population − had been Otti, and Andria Baambe, also held withoutdisplaced since the beginning of the conflict charge for alleged links with the opposition,in December 2013; 1.9 million of them were died in the same facility between Februaryinternally displaced, including over 200,000 and July as a result of harsh conditions ofwho lived on UN bases under the protection detention and inadequate access to medicalof UNMISS peacekeepers. care. They had been held since 2014. More than 640,000 fled the country during The government failed to investigate the usethe year, bringing the total number of of arbitrary detention and related violations byrefugees from South Sudan to over 2 million.Most of them were hosted by neighbouringAmnesty International Report 2017/18 337

government security agencies, or to hold said that some crimes carried out bythose suspected of criminal responsibility government soldiers against civilians wereaccountable, or provide victims with prosecuted before military courts. Thisreparation, such as financial compensation happened despite the provision under Southand rehabilitation. Sudan’s SPLA Act requiring that if military personnel commit an offence against aENFORCED DISAPPEARANCES civilian, the civil court should assume jurisdiction over the offence. In May, forThe NSS and the Military Intelligence example, the trial of 12 government soldiersDirectorate subjected people believed to be accused of rape, murder and looting at theopponents of the government to enforced Terrain hotel in Juba in 2016 commenceddisappearance. before a special military tribunal. Dong Samuel Luak and Aggrey Idri, both Three transitional justice bodies, providedvocal critics of the government, went missing for in the Agreement on the Resolution of theon 23 and 24 January respectively in Nairobi, Conflict in the Republic of South Sudan inKenya. They were forcibly returned to South 2015, had not been established by the end ofSudan and taken to the prison facility at the the year. In July, the AU Commission and theNSS headquarters in Juba. They were government agreed on the content of areported to have been removed from this statute and a memorandum of understandingfacility on 27 January. Their fate and for the establishment of one of the bodies,whereabouts remain unknown.5 the Hybrid Court for South Sudan, although they were not formally approved or adopted.FREEDOM OF EXPRESSION A technical committee for the Commission for Truth, Reconciliation, and Healing beganJournalists, human rights defenders, political consultations on the Commission’s designopposition members and others who spoke and legislative framework.out about the conflict were subjected toharassment, arbitrary arrests and detentions, South Sudan’s legislative framework failed toand torture and other ill-treatment. This led to define or criminalize torture, enforcedtheir self-censorship and a political disappearance, or crimes against humanity.environment in which people could not workor speak freely. LEGAL, CONSTITUTIONAL OR INSTITUTIONAL DEVELOPMENTS On 10 July, the NSS arrested Adil FarisMayat, director of the South Sudan The General Assembly of Justices andBroadcasting Corporation, after he failed to Judges went on strike in April, demandingbroadcast President Kiir’s Independence Day salary increases, improved workingspeech. He was held without charge in a conditions, and the Chief Justice’s resignationfacility at the NSS headquarters in Juba for following poor leadership. President Kiirnine days and subsequently dismissed from responded with a decree on 12 July removinghis job. On 17 July, the South Sudan National 14 judges from office, and invoking aCommunication Authority blocked the constitutional provision that allowed forwebsites of four news outlets. According to judges to be removed for “misconduct”. Onthe media, the Information Minister said that 11 September, the judges ended their strikethe websites had published information that on grounds including a pledge from thewas “hostile” to the government. President that he would deal with their demands and reinstate the dismissed judges.LACK OF ACCOUNTABILITY The judges were not reinstated by the end of the year. In November, a Supreme CourtThere were no credible investigations into judge resigned, citing lack of judicialcrimes under international law and human independence.rights violations or abuses, or prosecutions ofthose suspected of criminal responsibility infair trials before civilian courts. The military338 Amnesty International Report 2017/18

In October, the Transitional National others wounded. The armed group IslamicLegislative Assembly voted to ratify the State (IS) claimed responsibility. Six peopleProtocol to the African Charter on Human believed to be responsible were killed byand Peoples’ Rights on the Rights of Women security forces, and four others were arrestedin Africa (Maputo Protocol). and prosecuted for being implicated in the attacks and as members of the group that1. South Sudan: “It was as if my village was swept by a flood”: Mass carried out the attacks. displacement of the Shilluk population from the West Bank of the White Nile (AFR 65/6538/2017) On 1 October, the government of Catalonia, an autonomous region in the northeast, held2. “Do not remain silent”: Survivors of sexual violence in South Sudan a referendum on the region’s independence, call for justice and reparations (AFR 65/6469/2017) in defiance of several Constitutional Court rulings. On 17 October, the Constitutional3. South Sudan: “If men are caught, they are killed. If women are Court declared unconstitutional the regional caught, they are raped”: Atrocities in Equatoria Region turn country’s law on which the referendum was based and breadbasket into a killing field (AFR 65/6612/2017) confirmed its precautionary measure which it had adopted on 7 September, aimed at4. South Sudan: Several men arbitrarily held in poor conditions (AFR preventing the referendum. On 27 October, 65/6747/2017); South Sudan: Fifteen released, five still arbitrarily the pro-independence political groups in the detained (AFR 65/7144/2017) Catalonian regional parliament unilaterally declared the independence of Catalonia. On5. South Sudan: Fate and whereabouts of two men unknown: Dong the same day, the Senate authorized the Samuel Luak and Aggrey Idri (AFR 65/6298/2017) Spanish government to adopt measures pursuant to Article 155 of the SpanishSPAIN Constitution, effectively suspending the region’s autonomy. On 21  December, newKingdom of Spain regional elections in Catalonia took place.Head of state: King Felipe VI de Borbón The party which obtained more votes thanHead of government: Mariano Rajoy any other single party was a non- independence party, but overall the electionsThe rights to freedom of expression and delivered the majority in the regionalpeaceful assembly of Catalan independence parliament to the combined pro-supporters were disproportionally restricted. independence parties.Dozens of people were prosecuted for“glorification of terrorism” and “humiliation FREEDOMS OF EXPRESSION ANDof victims” on social media. Law ASSEMBLYenforcement officials used excessive forceagainst demonstrators peacefully resisting Following the Constitutional Court decision ofthe enforcement of the High Court of 7 September aimed at preventing theJustice of Catalonia's ruling stopping the referendum, some authoritiesCatalan independence referendum. Spain disproportionately restricted the rights torelocated fewer asylum-seekers than it had freedom of expression and peacefulpledged to under the EU relocation scheme, assembly. Courts in Madrid and Vitoria in theand resettled fewer refugees than it had Basque country prohibited two publiccommitted to. Thousands of people assemblies aimed at supporting thecontinued to face forced evictions. The referendum. The municipality of Castelldefelsauthorities continued to close investigations in Catalonia adopted a blanket ban on theinto crimes under international law use of public spaces for assemblies aimed atcommitted during the Civil War and the supporting or protesting against theFranco regime. referendum.BACKGROUND On 16 October, a High Court judge ordered the pre-trial detention of Jordi Cuixart andTwo violent attacks took place in Catalonia inAugust, leaving 16 people dead and severalAmnesty International Report 2017/18 339

Jordi Sánchez, the presidents of two pro- case which was being investigated by theCatalan-independence organizations. They High Court. She appealed, arguing she hadwere detained and charged with sedition, a stepped back when told to and that herbroadly defined offence, in connection with account could be substantiated by footageprotests they organized in Barcelona on 20  from security cameras. The footage was notand 21 September to, according to a judge, admitted as evidence, and her appeal wasoppose a lawful police operation. In pending at the end of the year.November, the Supreme Court took charge ofthe proceedings against Jordi Sánchez and TORTURE AND OTHER ILL-TREATMENTJordi Cuixart. The Supreme Court extendedthe investigation against them to the offence In September, the High Court dropped theof rebellion. request for the extradition from Switzerland of Nekane Txapartegi. The term for enforcing a Dozens of people were prosecuted for December 2009 conviction against her had“glorification of terrorism” and “humiliation of expired. In April, the Special Rapporteur onvictims” on social media networks. In many torture had urged the Swiss authorities toinstances, authorities pressed criminal oppose the extradition. Nekane Txapartegicharges against people who had expressed said she was subjected to torture and otheropinions that did not constitute incitement to ill-treatment when she was helda terrorism-related offence and fell within the incommunicado for five days in a policepermissible forms of expression under station in Madrid in 1999. She had beeninternational human rights law. Twenty people arrested on suspicion of terrorism-relatedwere convicted in the course of the year. In offences and of being an ETA member.March, Cassandra Vera was convicted and Investigations into her torture allegations hadgiven a suspended sentence of one year`s not been conducted thoroughly in the past.imprisonment for “humiliation of victims ofterrorism”. She had published jokes on In May, the Constitutional Court declaredTwitter about ETA´s 1973 killing of Carrero admissible an appeal by the governmentBlanco, a Prime Minister under the Franco against a Basque Parliament law on theregime. recognition of and reparation for victims of human rights violations in the Basque In January, the investigating judge Country.dismissed charges of incitement to hatredagainst Alfonso Lázaro de la Fuente and Raúl EXCESSIVE USE OF FORCEGarcía Pérez, professional puppeteers who inFebruary 2016 were subjected to pre-trial Law enforcement officials policing protests ondetention for five days on charges of 1 October in Catalonia used excessive force“glorifying terrorism” and incitement to against peaceful protesters who werehatred. The charges of “glorifying terrorism” opposing a police operation. The police firedwere dismissed in 2016. blank cartridges and rubber bullets, seriously injuring one person and causing him to lose Administrative penalties continued to be the sight in one eye.imposed on private individuals, human rightsactivists and journalists on the basis of the REFUGEES’ AND MIGRANTS’ RIGHTSLaw on Public Security, which couldconstitute unlawful restrictions on the rights Spain failed to meet its commitment toto freedom of expression, peaceful assembly relocate 15,888 asylum-seekers under theand information. EU emergency relocation scheme; 1,328 were relocated by the end of the year, of Mercé Alcocer, a journalist at Catalunya which 592 were Syrian nationals. Spain alsoRadio, was fined EUR601 for disobeying a failed to meet its commitment to resettlepolice order. She crossed an unmarked 1,449 refugees from the Middle East andpolice line in her attempt to interview a North Africa; 1,360 refugees were resettled,witness when she was covering a corruption340 Amnesty International Report 2017/18

all Syrian nationals, except one refugee from RIGHT TO HOUSINGPalestine, by 31 December. Thousands of people were forcibly evicted Between January and December, 25,853 without adequate judicial safeguards orasylum claims were submitted, and 34,655 provision of alternative accommodation byapplications were still pending at the end of the state. These included 26,767 rentalOctober. Asylum-seekers continued to face evictions and 16,992 mortgage evictions.delays in receiving decisions on their claims. Public spending on housing continued toFor many, the period during which they were decrease, even though the demand forentitled to access government support affordable social housing remained high.pending the outcome of their asylum Single mothers and survivors of gender-basedapplication expired long before the decision violence were particularly affected by the lackwas reached. of affordable alternative housing. In July, the UN Committee on Economic, Social and According to the EU border agency Cultural Rights upheld a complaint againstFRONTEX, there were 21,663 irregular Spain for not having provided an evictedborder crossings via the Western family with alternative housing.Mediterranean route up to September, morethan double the figure for the same period in IMPUNITY2016. Spanish authorities continued to close In October, the European Court of Human investigations into crimes under internationalRights held that the immediate return to law committed during the Civil War and theMorocco of sub-Saharan migrants who were Franco regime. They argued that it would notattempting to enter Spanish territory in Melilla be possible to investigate the crimesin 2014 amounted to a collective expulsion of reported, such as enforced disappearancesforeign nationals. and torture, in view of, among other things, the Amnesty Act and the statute ofCOUNTER-TERROR AND SECURITY limitations. The authorities continued to fail to take measures to locate and identify theJudicial authorities continued to use counter- remains of victims of enforcedterrorism legislation disproportionately. Three disappearances and extrajudicial executions,of the seven people detained and charged leaving families and organizations towith terrorism-related offences for their undertake exhumation projects without statealleged participation in an attack against two support.off-duty civil guards and their partners inAlsasua (Navarra) in a pub in October 2016, In February, Mexico’s Attorney General’swere in pre-trial detention pending a hearing Office started an investigation into the so-due in April 2018. called “stolen babies” case, making Mexico the second country to investigate crimesVIOLENCE AGAINST WOMEN under international law committed in Spain during the Civil War and the Franco regime.According to the Ministry of Health, Social The investigation about  the case of a womanServices and Equality, 48 women (and eight born in Spain in 1968 and handed over to achildren) were killed by their partners or Mexican family, reportedly after having beenformer partners. abducted from her family. In September, the UN Working Group on Enforced or In September, Parliament approved a plan Involuntary Disappearances stated that thisto combat gender-based violence, case constituted a new opportunity for Spainencompassing a review of legislation and to fully co-operate in the investigationsother measures to meet the obligations carried out by other states into enforcedenshrined in the Istanbul Convention on disappearances which occurred in Spain.violence against women.Amnesty International Report 2017/18 341

The 2014 amendments to universal Constitution, and whether economic, socialjurisdiction legislation were invoked by the and cultural rights would be included in theSpanish judiciary to not investigate crimes Bill of Rights.under international law, such as enforceddisappearances and torture, committed in ARBITRARY ARRESTS AND DETENTIONSSyria and Venezuela in 2017 against Spanishnationals. The authorities continued to detain Tamils suspected of links to the LTTE under the PTA,SRI LANKA which permitted extended administrative detention and shifted the burden of proof to aDemocratic Socialist Republic of Sri Lanka detainee alleging torture or other ill-Head of state and government: Maithripala Sirisena treatment. During his visit to Sri Lanka in July, the UN Special Rapporteur on theSri Lanka continued to pursue its 2015 promotion and protection of human rightscommitments to deliver justice, truth, and fundamental freedoms while counteringreparation and guarantees of non- terrorism stated that over 100 unconvictedrecurrence for alleged crimes under prisoners (pre- and post-indictment)international law, but progress slowed and remained in detention under the PTA, somethere was evidence of backsliding. of whom had been held for over a decade. SriParliament passed an amended Office on Lanka failed to follow through on its 2015Missing Persons Act, intended to assist commitment to repeal the PTA and replace itfamilies of the disappeared seeking missing with legislation that complied withrelatives. The Prevention of Terrorism Act international standards.(PTA) was not repealed; it was still used toarrest and detain suspects. Torture and TORTURE AND OTHER ILL-TREATMENTother ill-treatment in police custodycontinued. Threats against religious and Reports of torture and other ill-treatment inethnic minorities and human rights detention continued. In March, Sri Lanka’sdefenders were reported. human rights record was examined under the UPR process; the Human Rights CommissionBACKGROUND of Sri Lanka said that it had continued to document widespread incidents of violenceEnforced disappearances, extrajudicial against detainees, including torture and otherexecutions, torture and other serious human ill-treatment, which it described as “routine”rights violations and abuses were committed and practised throughout the country, mainlywith impunity before, during and in the by police. The Special Rapporteur on theaftermath of the armed conflict between promotion and protection of human rightsgovernment forces and the Liberation Tigers and fundamental freedoms while counteringof Tamil Eelam (LTTE) that ended in 2009. terrorism found that 80% of those arrestedCommitments made by Sri Lanka in 2015 – under the PTA in late 2016 had complainedthrough its co-sponsorship of UN Human of torture and other ill-treatment.Rights Council resolution 30/1 – to establishtruth, justice and reparation mechanisms and EXCESSIVE USE OF FORCEreforms aimed at non-recurrence of thesecrimes, had not been implemented by the Impunity persisted for excessive use of forceend of the year. Sri Lanka’s constitutional against protesters. Killings by the army ofreform process, initiated in 2016, also unarmed demonstrators demanding cleanfaltered as lawmakers differed over issues water in August 2013 had yet to besuch as the fate of the executive presidency, prosecuted. In August, a Criminalthe place of Buddhism in the new Investigation Department investigator told the Gampaha Chief Magistrate that all evidence related to the shootings had been “destroyed” by previous investigators.342 Amnesty International Report 2017/18

ENFORCED DISAPPEARANCES the disappeared, continued to report surveillance and harassment by lawBy the end of the year Sri Lanka had not enforcement officials. Women human rightspassed legislation criminalizing enforced defenders in the north and east reported thatdisappearance in domestic law, despite interactions with police were often degradingratifying the International Convention against and sexualized.Enforced Disappearance in 2016. Aparliamentary debate on a bill criminalizing FREEDOMS OF EXPRESSION, ASSEMBLYenforced disappearance scheduled for July AND ASSOCIATIONwas postponed without explanation. Attempts by families to arrange stones as The amended Office on Missing Persons memorials for lost relatives were stopped byAct was passed by Parliament in June; the security forces. Catholic priest Elil Rajendramamendments limited the Office’s power to was detained and other residents ofseek outside assistance. It was signed by the Mullaitivu were subjected to policePresident on 20 July but had not come into harassment following their efforts to holdoperation by the end of the year. The Office memorials for family members who diedwas proposed to help many thousands of during the armed conflict.families of the disappeared trace missingrelatives. LEGAL, CONSTITUTIONAL OR INSTITUTIONAL DEVELOPMENTS In June, President Sirisena promisedfamilies of the disappeared that he would An expected parliamentary debate on theorder the release of lists of those who proposed draft Constitution aimed atsurrendered to, or were detained by, the ensuring checks on executive power andarmed forces during and after the armed more equitable ethnic power sharing had notconflict that ended in 2009. The lists were taken place by the end of the year.not made public by the end of the year. Despite repeated promises, Sri Lanka failedIMPUNITY to repeal the PTA and to pass legislation criminalizing enforced disappearances.Impunity persisted for alleged crimes underinternational law committed during the armed In December, Sri Lanka ratified the Optionalconflict. Impunity also remained for many Protocol to the Convention Against Tortureother human rights violations. These included (OPCAT).the January 2006 extrajudicial executions offive students in Trincomalee by security DISCRIMINATIONpersonnel and the killing of 17 aid workerswith NGO Action Against Hunger in Muttur in Law enforcement officials continued toAugust 2006; the December 2011 subject members of the Tamil minority,disappearances of political activists Lalith particularly former members of the LTTE, toWeeraraj and Kugan Muruganandan; the ethnic profiling, surveillance and harassment.2010 disappearance of dissident cartoonistPrageeth Eknaligoda; and the 2009 killing of Police failed to take action in response tonewspaper editor Lasantha Wickrematunge. continued threats and physical violence against Christians and Muslims by membersHUMAN RIGHTS DEFENDERS of the public and supporters of a hardline Sinhala Buddhist political group.In June, the then Minister of Justicethreatened to have human rights lawyer In March, the UN CEDAW Committee askedLakshan Dias disbarred if he did not Sri Lanka to amend all personal laws toapologize for speaking publicly about remove discriminatory provisions. Thereported attacks against Christians. Committee expressed particular concern about the Muslim Marriage and Divorce Act Tamil human rights defenders and activist of 1951, which failed to specify a minimumcommunity members, including relatives of age for marriages and permited girls aged under 12 to marry with the permission of aAmnesty International Report 2017/18 343

religious adjudicator (Qazi). The Act also widespread violations of internationalrestricted women from serving on Qazi humanitarian and human rights law.Boards, and did not recognize marital rapeunless the couple was legally separated; this BACKGROUNDincluded statutory rape of a girl under 16 byan adult spouse. In January, the US government partially lifted economic sanctions imposed on Sudan sinceVIOLENCE AGAINST WOMEN AND GIRLS 1997, which included unfreezing assets and banking, commercial and investmentImpunity persisted for various forms of transactions. The US government agreed toviolence against women and girls, including lift all economic sanctions in October, statingchild marriage, domestic violence, human that Sudan’s government demonstrated itstrafficking, rapes by military or law commitment to achieving progress in five keyenforcement officers or assaults by private areas including: a marked reduction inactors. In a rare exception, the trial began on offensive military activity culminating in a28 June in Jaffna’s High Court of nine men pledge to maintain a cessation of hostilities inaccused of involvement in the May 2015 conflict areas in Sudan; and improvedgang rape and murder of Sivaloganathan humanitarian access throughout Sudan.Vidya, an 18-year-old school student, inPunkuduthivu. The trial was still ongoing at On 15 January, the Council of Ministersthe end of the year. The nature of the crime extended the unilateral ceasefire in Darfur,and police mishandling of the case sparked Blue Nile, and South Kordofan for a furtherwidespread protests in 2015. In July 2017 a six months. The Sudanese Armed Forces andserving Senior Deputy Inspector General of the Sudan People’s Liberation Movement-Police was arrested for allegedly assisting one North (SPLM-N) exchanged accusations overof the suspects to evade arrest. ceasefire violations in South Kordofan State on 21 February. In March, the SPLM-N splitDEATH PENALTY into two rival factions which threatened to delay peace talks between the governmentDeath sentences were imposed for murder, and the SPLM-N, trigger wider conflict andrape and drug trafficking. No executions have cause additional displacement in SPLM-N-been carried out since 1976. On 4 February, controlled areas in Blue Nile. However, inSri Lankan Independence Day, President October the government extended theSirisena commuted the sentences of 60 unilateral ceasefire to 31 December whichdeath row prisoners to life imprisonment. held at the end of the year.SUDAN FREEDOMS OF ASSOCIATION AND ASSEMBLYRepublic of the SudanHead of state and government: Omar Hassan Ahmed The activities of civil society organizationsal-Bashir and political opposition parties were extensively restricted. The NationalSecurity forces targeted opposition party Intelligence Security Service (NISS)members, human rights defenders, students prevented many civil society organizationsand political activists for arbitrary arrest, and opposition parties from holding events.detention and other abuses. The rights to For example, on 17 February it banned afreedom of expression, association and meeting of the Teachers Central Committee atpeaceful assembly were arbitrarily the Umma National Party offices inrestricted. The security and humanitarian Omdurman city. It prohibited the Ummasituation in Darfur, Blue Nile and South National Party from holding a public meetingKordofan states remained dire, with in Wad Madani in Al Jazeera State on 18  March. In April, it prevented the committee for the Sudanese Dramatists from holding a344 Amnesty International Report 2017/18

public event to address the impact on released at the end of April. They wereSudanese society of an absence of dramatic arrested because they supported the civilarts. Also in April, it stopped the opposition disobedience protests in November andSudan Congress Party holding a memorial December 2016 against economic austerityservice for one of its members; and an event measures.2organized by the “No to women’s oppression”initiative at Al-Ahfad University without Dr Hassan Karar, former chairperson of theproviding a reason. In May, the NISS Central Committee of Sudanese Doctorscancelled a symposium on Sufism entitled (CCSD), was rearrested on 20 April and“Current and Future Prospects” at the detained for four days at the office of theFriendship Hall in the capital, Khartoum. In NISS Prosecutor of Crimes Against the State.June, the Humanitarian Aid Commission He was held for his role in supporting a(HAC) suspended the activities of Shari Al- nationwide doctors’ strike to protest againstHawadith, an organization providing medical the deteriorating health service. Dr Mohamedsupport in Kassala State. Yasin Abdalla, also a former chairperson of the CCSD, was arrested and detained on 22 FREEDOM OF EXPRESSION April in Khartoum at the office of the Prosecutor of Crimes Against the State. HeIn the second half of the year, authorities was released without charge on 28 April.confiscated print-runs belonging to six Both were accused of, but not formallynewspapers on 26 occasions. Restrictions on charged with, forming an illegal entity andfreedom of expression continued with threatening the health system of the country.newspaper editors and journalists regularlyinstructed not to cover any subjects In May, activists Dr Mudawi Ibrahim Adamconsidered a security threat. Twelve and his colleague Hafiz Idris Eldoma werejournalists were repeatedly summoned and charged with six offences, two of which areinvestigated by the NISS, and two others punishable by life imprisonment or death.3were convicted for reporting on issues said to They were arrested by the NISS along with abe a threat to security. For example, in May, third activist in 2016 in connection with theirthe Press and Publications Court in work for the Sudan Social DevelopmentKhartoum convicted Madiha Abdala, former Organization-UK (SUDO-UK) which works onEditor of Sudanese Communist Party humanitarian and development projectsnewspaper Al-Midan, of “dissemination of across the country. They were subjected tofalse information” and fined her 10,000 ill-treatment on arrest. Dr Mudawi IbrahimSudanese pounds (around USD1,497), for Adam and Hafiz Idris Eldoma were releasedpublishing an article on the conflict in South on 29 August after eight months of wrongfulKordofan in 2015. imprisonment.4 In September, Hanadi Alsiddig, Editor-in- Nabil Mohamed El-Niwari, a SudaneseChief of Akhbar Alwatan newspaper, was political activist and member of thebriefly arrested and beaten by NISS for opposition party Sudan Congress, wascovering land dispute issues. arrested by the NISS in Khartoum on 5  September in connection with his politicalARBITRARY ARRESTS AND DETENTIONS activities.5NISS officials and other security forces ARMED CONFLICTtargeted opposition political party members,human rights defenders, students and DARFURpolitical activists for arbitrary arrest, detention There was a reduction in armed conflictand other abuses.1 Three political opposition between the Sudanese Armed Forces andactivists were held in detention without opposition armed groups at the beginning ofcharge following their arrests in January and the year. However, there were reports ofFebruary by the NISS in Khartoum, and were renewed fighting in North Darfur on 28 May between, on one side, the Sudan LiberationAmnesty International Report 2017/18 345

Movement (SLM-MM), led by Minni Minawi, 3. Sudan: Human rights defender facing death penalty: Dr Mudawiand the SLM-Transitional Council against, on Ibrahim Adam (AFR 54/6300/2017)the other side, the Sudanese Armed Forcesand the Rapid Support Forces (RSF). There 4. Sudan: Dr Mudawi released after eight months of wrongfulwas no clear progress in the peace process imprisonment (Press Release, 30 August)or mechanisms to address the causes andconsequences of the Darfur conflict. There 5. Sudan: Detained opposition activist denied lawyer visits: Nabilwere at least 87 incidents of unlawful killing Mohamed El-Niwari (AFR 54/7101/2017)of civilians, including of internally displacedpersons (IDPs), mainly by pro-government SWAZILANDmilitia, and there were reports of widespreadlooting, rape and arbitrary arrests across Kingdom of SwazilandDarfur. On 22 September, President al-Bashir Head of state: King Mswati IIIannounced a visit to Kalma IDP camp in Head of government: Barnabas Sibusiso DlaminiSouth Darfur. Sudanese security forces usedlive ammunition to break up protests by IDPs Forced evictions continued to be carriedagainst the visit. Five people were killed and out. The Public Order Act and thedozens wounded. In June, the UN Security Suppression of Terrorism Act (STA) severelyCouncil renewed the mandate of UNAMID limited the rights to freedom of expression,(UN Mission in Darfur) until 30 June 2018. association and peaceful assembly. A banThe mandate also included the restructuring on opposition parties continued. Gender-of the UNAMID presence into two six-month related violence remained prevalent andphases, which had wider implications for the Parliament failed to enact the Sexualprotection of civilians in Darfur. Offences and Domestic Violence Bill.SOUTH KORDOFAN AND BLUE NILEThe Famine Early Warning Systems Network BACKGROUND(FEWS-NET) reported that the humanitariansituation in SPLM-N-controlled areas in South Student protests continued throughout theKordofan was dire. The rate of chronic year following government cuts to state-malnutrition was estimated at 38.3% due to funded tertiary scholarships in 2016. Tenlong-term food deprivation and recurrent students were arrested in September inillness. FEWS-NET estimated that 39% of connection with the protests.households in Blue Nile were severely foodinsecure. Meanwhile, the simmering RIGHT TO HOUSING AND FORCEDleadership dispute within SPLM-N EVICTIONSheightened tension among Sudaneserefugees in Maban County in South Sudan Communities continued to be at risk of forcedand triggered violent ethnic clashes between evictions. Around 85 families in at least twothe two rival SPLM-N factions in Blue Nile, communities faced imminent evictionsresulting in the displacement of thousands of without being provided with alternativepeople from the SPLM-N-controlled area to housing or adequate compensation. Althoughgovernment-controlled areas in Sudan, and the Constitution prohibited arbitraryto refugee camps in South Sudan and deprivation of property withoutEthiopia. compensation, in practice the lack of legal security of tenure left people vulnerable to1. Courageous and resilient: Activists in Sudan speak out (AFR forced evictions. In a judgment in April, a 54/7124/2017) High Court ruled that the constitutional provision of compensation to evicted2. Opposition activists arbitrarily held in Sudan (AFR 54/6000/2017) residents was limited to evictions carried out by the state; residents affected by forced evictions carried out by private actors were excluded from access to certain remedies. In Madonsa in the Manzini region, at least 58 families were at risk of imminent eviction346 Amnesty International Report 2017/18

after the Swazi National Provident Fund of expression, association and assembly, was(SNPF), a government parastatal, claimed due to be heard in October 2017. However,ownership of the land on which they resided. the government failed to submit itsAfter a protracted seven-year legal process, arguments on time and the Court withdrewthe High Court ordered in 2011 that the their appeal.families be evicted without compensation oralternative accommodation. They remained VIOLENCE AGAINST WOMEN AND GIRLSon the land at the end of the year. The Sexual Offences and Domestic Violence In Mbondzela, in the Shiselweni region, 27 Bill, first introduced in Parliament in 2009,families threatened with eviction began was not passed, despite ongoing reports ofproceedings against a private company which gender-related violence. In October, thesought to appropriate their land for the Deputy Prime Minister’s office introduceddevelopment of a game park. On 19 October, proposed amendments, which included thethe Central Farm Dwellers Tribunal dismissed removal of clauses which criminalized incest,their case and allowed the eviction, ruling unlawful stalking, abduction and indecentthat the private company should provide the exposure, on the grounds that theseresidents with building material to construct provisions compromised Swazi culturalhomes elsewhere. practices.FREEDOMS OF ASSEMBLY AND IMPUNITYASSOCIATION Under the Game Amendment Act of 1991,King Mswati approved the Public Order Act game rangers continued to enjoy immunityon 8 August, which curtailed the rights to from prosecution related to carrying out theirfreedom of assembly and association, duties, including in cases where they killedimposing far-reaching restrictions on alleged poachers. During the year policeorganizers of public gatherings. The Act also investigated at least six such killings byfailed to provide mechanisms to hold law rangers; no one was known to have beenenforcement officials accountable for using brought to justice.excessive force against protesters or publicgatherings. More than two years after the death in police custody of Luciano Reginaldo Zavale, a The government continued to ban Mozambican national, the authorities had stillopposition parties. not made public findings from an inquest into his death.LEGAL, CONSTITUTIONAL ORINSTITUTIONAL DEVELOPMENTS SWEDENIn August, the King approved the STA, which Kingdom of Swedenamended the 2008 Act. The amendments Head of state: King Carl XVI Gustaflimited the definitions of what constitutes a Head of government: Stefan Löfventerrorist act although the wording was overlybroad and vague in relation to terrorism- The authorities failed to adopt effectiverelated acts. The law also contained strategies to prevent racist and xenophobicprovisions that undermined the rights to attacks. Rape and other forms of sexualfreedom of expression, association and violence against women and girls remainedassembly. widespread but there were few convictions. Roma people continued to face An appeal by the government against a discrimination. Courts convicted individuals2016 High Court ruling that found that the for serious crimes under international laworiginal STA, as well as the Sedition and committed in Syria and Rwanda.Subversive Activities Act, were invalid on thegrounds that they infringed theconstitutionally guaranteed rights to freedomAmnesty International Report 2017/18 347

REFUGEES AND ASYLUM-SEEKERS widespread. In December, based on a proposal by the 2014 Sexual OffencesEmergency temporary measures introduced Committee, the government presented draftin 2016 prevented asylum-seekers who had legislation to the legal council which includedbeen granted subsidiary protection from a consent-based definition of rape and sexualhaving the right to family reunification. During abuse.his visit to Sweden in October, the Council ofEurope Commissioner for Human Rights Serious concerns remained about raperecommended that Sweden lift the measures. attrition rates. The number of rapes reported to the police increased by 14% during theCRIMES UNDER INTERNATIONAL LAW first half of the year compared with the same period in 2016 (from 2,999 to 3,430).In February, Svea Court of Appeal upheld the Between January and June 2017, decisionssentence of life imprisonment of a Swedish to prosecute were taken in just 111 cases,citizen of Rwandan origin, convicted in according to preliminary official statistics.Sweden of genocide and other crimescommitted in Rwanda in 1994. SWITZERLAND In May, Svea Court of Appeal confirmed the Swiss Confederationsentence of life imprisonment of a Syrian Head of state and government: Doris Leuthardcitizen convicted in Sweden of war crimes for (replaced Johann Schneider-Ammann in January)the extrajudicial execution of seven Syrianarmy soldiers. Migrants and asylum-seekers with rejected asylum claims were returned in violation of In September a Syrian man who had served the non-refoulement principle. Concernsin the Syrian army was convicted of war remained regarding the usecrimes by the Södertörn District Court and of disproportionate force during thesentenced to eight months’ imprisonment for deportation of migrants. Governmentviolating the dignity of five dead or severely proposals for the creation of a Nationalinjured persons by posing for a photograph Human Rights Institution continued to bewith his foot on one victim’s chest. criticized for failing to guarantee the Institution’s independence. Sweden had yet to make torture a crimeunder national law. LEGAL, CONSTITUTIONAL OR INSTITUTIONAL DEVELOPMENTSDISCRIMINATION In August, the UN Human Rights CommitteeRoma citizens from Romania and Bulgaria expressed concerns regarding the “Initiativesupporting themselves through begging for auto-determination”, a referendum thatcontinued to be subjected to harassment and was likely to be scheduled for 2018 anddenial of basic services including shelter, which would lead to supremacy of thewater and sanitation, education and Federal Constitution over internationalsubsidized health care. In September, treaties. The Committee urged Switzerland toVellinge in southern Sweden became the first introduce a control mechanism to ensure thatSwedish municipality to ban begging, and referendums comply with internationalone of the main political parties declared its human rights law before being presented forintent to do the same nationally. The decision a popular vote.in Vellinge was later declared non-conformingwith the Law on Public Order; the matter was The Council of Europe Commissioner forsubject to appeal. Anti-Roma prejudice Human Rights and the UN Human Rightstowards Roma from other EU countries was Committee urged Switzerland in May andwidespread. June respectively to establish a fullyVIOLENCE AGAINST WOMEN AND GIRLSRape and other forms of sexual violenceagainst women and girls remained348 Amnesty International Report 2017/18

independent National Human Rights disaggregated data on the number ofInstitution with a sufficiently broad mandate complaints, investigations and convictions. Itand adequate resources to comply with the also recommended the introduction of aPrinciples relating to the Status of National provision expressly prohibiting andInstitutions (Paris Principles). NGOs raised criminalizing torture as a separate offence inconcerns about the lack of full independence the Criminal Code.of the Human Rights Institution proposed bythe Federal Council (government) in June. In July, while noting some improvements, the National Commission for the PreventionREFUGEES AND ASYLUM-SEEKERS of Torture raised concerns about the excessive use of force by police, in particularThe authorities returned several asylum- in the context of deporting migrants.seekers to other Schengen Area MemberStates by applying the Dublin III Regulation DISCRIMINATION(EU law that determines the EU memberstate responsible to examine an application In March, the Upper Chamber of the Federalfor asylum) but without duly taking into Parliament (Council of States) rejected a billaccount their family ties in Switzerland. to ban full-face veils at the national level. In April, the Federal Court ruled that the In August, the Human Rights Committeedetention of two Afghan parents with their urged Switzerland to introduceinfant, and the placement of their three other comprehensive legislation againstchildren in an orphanage in 2016, with the discrimination. It also recommended thatpurpose of returning the whole family to Switzerland not subject intersex childrenNorway, had disproportionately violated their without consent to medically unnecessaryright to family life. interventions to determine their gender. In October, the Council of Europe WOMEN’S RIGHTSCommissioner for Human Rights called onSwitzerland to improve the identification and In August, the Human Rights Committeeprotection of the most vulnerable migrants recommended that Switzerland continue toand asylum-seekers, and to apply a gender combat domestic violence, female genitaland child-sensitive approach to all migration mutilation and forced marriages, to trainand asylum-related decisions and measures. justice professionals to address cases ofChild asylum-seekers in federal reception domestic violence, and to facilitate the stay ofcentres continued to be denied access to migrant women who had suffered domesticeducation. violence. In December, Switzerland ratified the Council of Europe Convention on In several cases, the European Court of preventing and combating violence againstHuman Rights and the UN Committee women and domestic violence (Istanbulagainst Torture ruled that the return of people Convention).with failed asylum claims or undocumentedmigrants to Sri Lanka, Sudan and Turkey SYRIAviolated the principle of non-refoulement(forcible return of individuals to a country Syrian Arab Republicwhere they risked serious human rights Head of state: Bashar al-Assadviolations). Head of government: Imad KhamisPOLICE AND SECURITY FORCES Parties to the armed conflict committed war crimes and other grave violations ofIn August, the UN Human Rights Committee international humanitarian law and humanurged Switzerland to introduce an rights abuses with impunity. Governmentindependent complaint mechanism to and allied forces, including Russia, carriedexamine allegations of unlawful use of forceby police and to collect comprehensive andAmnesty International Report 2017/18 349

out indiscriminate attacks and direct in October. They were supported by a US-ledattacks on civilians and civilian objects international coalition of states which carriedusing aerial and artillery bombing, including out air strikes against IS in northern andwith chemical and other internationally eastern Syria, killing and injuring hundreds ofbanned weapons, killing and injuring civilians. Other armed opposition groupshundreds. Government forces maintained primarily fighting government forces, such aslengthy sieges on densely populated areas, Ahrar al-Sham Islamic Movement, Hay’atrestricting access to humanitarian and Tahrir al-Sham and Jaysh al-Islam, controlledmedical aid to thousands of civilians. or contested areas in the governorates ofGovernment forces and foreign governments Damascus Countryside, Idleb and Aleppo,negotiated local agreements which led to sometimes fighting each other. Severalthe forced displacement of thousands of suspected attacks by Israel inside Syriacivilians following prolonged sieges and targeted Hezbollah, Syrian governmentunlawful attacks. Security forces arrested positions and other fighters.and continued to detain tens of thousandsof people, including peaceful activists, Russia continued to block efforts by the UNhumanitarian workers, lawyers and Security Council to pursue justice andjournalists, subjecting many to enforced accountability. On 12 April, Russia vetoed adisappearances, torture or other ill- resolution condemning the use of chemicaltreatment and causing deaths in detention. weapons in Syria and calling for thoseArmed opposition groups indiscriminately responsible to be held accountable. On 17 shelled civilian areas and subjected November, Russia vetoed a resolution topredominantly civilian areas to prolonged extend the mandate of the Organization forsieges, restricting access to humanitarian the Prohibition of Chemical Weapons-UNand medical aid. The armed group Islamic Joint Investigative Mechanism established byState (IS) unlawfully killed and shelled the UN Security Council in 2015 tocivilians and used them as human shields. investigate chemical weapons attacks andUS-led coalition forces carried out attacks determine responsibility for the use ofon IS in which civilians were killed and chemical weapons in Syria.injured, at times violating internationalhumanitarian law. By the end of the year, Efforts by the UN to broker peace werethe conflict had caused the deaths of more unsuccessful as parties to the conflict andthan 400,000 people and displaced more their allies shifted diplomatic discussions tothan 11 million people within and outside Kazakhstan’s capital, Astana. The diplomaticSyria. talks sponsored by Russia, Iran and Turkey aimed to strengthen the nationwide ceasefireBACKGROUND agreement negotiated in December 2016 and enforce the “road map to peace” outlined inThe armed conflict in Syria entered its UN resolution 2254 of 2015. In May 2017seventh year. Government forces and their the Russian-brokered talks established fourallies, including Iranian and Hezbollah de-escalation zones across Syria, includingfighters, captured the majority of areas the governorates of Idleb, Deraa, Homs andpreviously held by IS and other armed groups Damascus Countryside.in Homs and Deir el-Zour governorates andother areas. They were supported by Russian The Independent International Commissionarmed forces, which carried out attacks on IS of Inquiry on the Syrian Arab Republic,and other armed groups fighting the established by the UN Human Rights Councilgovernment, reportedly killing and injuring in 2011, continued to monitor and report oncivilians. The Syrian Democratic Forces, violations of international law committed byconsisting of Syrian-Kurdish and Arab armed parties to the conflict, although it remainedgroups, captured Raqqa governorate from IS barred by the government from entering Syria.350 Amnesty International Report 2017/18