Amnesty 2017

In July, Catherine Marchi-Uhel was SIEGES AND DENIAL OF HUMANITARIAN ACCESSappointed head of the International Impartial The government continued to maintainand Independent Mechanism established in lengthy sieges of predominately civilian areas.December 2016 by the UN General The UN Office for the Co-ordination ofAssembly to assist in the investigation and Humanitarian Affairs (OCHA) reported that,prosecution of the most serious crimes under out of a total of 419,920 people besieged ininternational law committed in Syria since Syria, almost 400,000 were besieged byMarch 2011. government forces in Eastern Ghouta. Government forces deprived residents inARMED CONFLICT – VIOLATIONS BY besieged areas of access to medical care,SYRIAN GOVERNMENT FORCES AND other basic goods and services andALLIES, INCLUDING IRAN AND RUSSIA humanitarian assistance, while subjecting them to repeated air strikes, artillery shellingINDISCRIMINATE ATTACKS AND DIRECT ATTACKS ON and other attacks. In October, UNICEFCIVILIANS AND CIVILIAN OBJECTS announced that 232 children in EasternThe Syrian government and allied forces Ghouta suffered from severe acutecontinued to commit war crimes and other malnutrition.serious violations of international FORCED DISPLACEMENT OF CIVILIANShumanitarian law, including indiscriminate The government and armed oppositionattacks and direct attacks on civilians and groups negotiated four so-calledcivilian objects including homes, hospitals reconciliation agreements between Augustand medical facilities. Government forces 2016 and March 2017 that led to the forcedattacked areas controlled or contested by displacement of thousands of residents fromarmed opposition groups, unlawfully killing five besieged areas: Daraya, eastern Aleppoand injuring civilians and damaging civilian city, al-Waer neighbourhood in the city ofobjects through aerial bombardment and Homs, and the towns of Kefraya and Foua.artillery shelling. The government, and to a lesser extent armed opposition groups, subjected these According to the NGO Physicians for densely populated areas to prolonged siegesHuman Rights, government forces carried and unlawful bombardment, compelling theout air strikes on three hospitals in Idleb armed opposition groups to surrender andgovernorate on 19 September, killing a staff negotiate a deal resulting in the evacuation ofmember, destroying ambulances and fighters and the mass displacement ofdamaging the facilities. On 13 November, civilians. The unlawful sieges andSyrian and Russian forces carried out air bombardment leading to the forcedstrikes during the day on a large market in displacement of civilians were part of aAtareb, an opposition-held town in Aleppo systematic, widespread attack by thegovernorate, killing at least 50 people, mostly government on civilians and amounted tocivilians. On 18 November, government crimes against humanity.forces carried out air strikes and artilleryattacks on civilians besieged in Eastern ARMED CONFLICT – ABUSES BY ARMEDGhouta in Damascus Countryside, killing at GROUPSleast 14. INDISCRIMINATE ATTACKS AND DIRECT ATTACKS ON On 4 April, government warplanes carried CIVILIANSout an attack using internationally banned IS forces carried out direct attacks onchemical weapons on Khan Sheikhoun in civilians as well as indiscriminate attacks,Idleb countryside, killing more than 70 killing and injuring civilians. During thecivilians and injuring hundreds. On 30 June, operation launched mid-year by the Syrianthe Organization for the Prohibition of Democratic Forces and the US-led coalitionChemical Weapons concluded that people in to recapture Raqqa city, IS forces preventedKhan Sheikhoun were exposed to sarin, abanned nerve agent, in the attack.Amnesty International Report 2017/18 351

residents from fleeing the city and used May, a series of US-coalition strikes on a farmcivilians as human shields. northwest of Raqqa killed 14 members of a family – eight women, one man and five IS claimed responsibility for a series of children – and severely wounded two othersuicide and other bomb attacks that directly children. Also in May, an air strike thattargeted civilians, including one in February targeted houses in the northern outskirts ofin Aleppo city that killed 50 people and one Raqqa killed 31 people. In July, a coalitionin October in the capital, Damascus, that attack on a residential building 100m from ankilled 17 civilians. Hay’at Tahrir al-Sham IS target killed a family including threeclaimed responsibility for two suicide children. The coalition forces also struckbombings near a Shi’a pilgrimage site in boats crossing the Euphrates River, south ofDamascus on 11 March in which 44 civilians Raqqa, killing dozens of civilians attemptingwere killed and 120 injured. to flee the intense fighting in the city. The coalition failed to adequately investigate In May, in-fighting between armed reports of civilian casualties and allegations ofopposition groups erupted in Eastern Ghouta. violations of international humanitarian law.It lasted several days, killing more than 100civilians and fighters. Armed opposition ARMED CONFLICT – ABUSES BY THEgroups in Eastern Ghouta also carried out PYD-LED AUTONOMOUSindiscriminate rocket and mortar attacks on ADMINISTRATIONgovernment-controlled neighbourhoods,killing and injuring several people during the The Autonomous Administration, led by theyear. In November, armed opposition groups Syrian-Kurdish Democratic Union Partyfired imprecise rockets into the government- (PYD), continued to control most of theheld town of Nubul, Aleppo governorate, predominantly Kurdish northern borderkilling three civilians. regions. It arbitrarily arrested and detained aUNLAWFUL KILLINGS number of Syrian-Kurdish oppositionAccording to the Syrian Observatory for activists, including members of the KurdishHuman Rights, IS summarily killed more than National Council in Syria. Many were held in100 civilians accused of collaborating with prolonged pre-trial detention in poorthe government in the town of al-Qaryatan, conditions.Homs governorate, before government forcesrecaptured the town. REFUGEES AND INTERNALLYSIEGES AND DENIALS OF HUMANITARIAN ASSISTANCE DISPLACED PEOPLEArmed opposition groups maintained lengthysieges of predominantly civilian areas, Between 2011 and 2017, 6.5 million peoplerestricting access to humanitarian and were displaced within Syria and more than 5 medical aid and other essential goods and million people sought refuge outside Syria,services. OCHA reported that Hay’at Tahrir al- including 511,000 people who becameSham and Ahrar al-Sham Islamic Movement refugees during 2017, according to UNHCR,besieged 8,000 people in the towns of the UN refugee agency, and OCHA. TheKefraya and Foua, Idleb governorate. authorities in the neighbouring states of Turkey, Lebanon and Jordan, which hostedARMED CONFLICT – AIR STRIKES BY nearly all of the refugees (includingUS-LED FORCES Palestinians displaced from Syria), restricted the entry of new refugees, exposing them toThe US-led coalition continued its campaign further attacks, violations and deprivation inof air strikes against IS. The air strikes, some Syria. The number of resettlement places andof which violated international humanitarian other safe and legal routes for refugeeslaw, killed and injured civilians. In June, offered by European and other states fell farcoalition forces unlawfully used white below the needs identified by UNHCR.phosphorous munitions on civilianneighbourhoods in the outskirts of Raqqa. In352 Amnesty International Report 2017/18

Some of the people displaced within Syria minimum international standards for a fairwere living in makeshift camps with limited trial.access to aid, other basic necessities, oropportunities to make a living. In August, the family of software developer Bassel Khartabil learned that he had beenENFORCED DISAPPEARANCES killed in 2015 after being “tried” and “sentenced to death” by the Military FieldThe Syrian security forces held thousands of Court in al-Qaboun. Bassel Khartabil haddetainees without trial, often in conditions been arrested on 15 March 2012 by Syrianthat amounted to enforced disappearance. Military Intelligence and held inTens of thousands of people remained incommunicado detention for eight monthssubject to enforced disappearance, some before being moved to ‘Adra prison insince the outbreak of the conflict in 2011. Damascus in December 2012. He remainedThey included peaceful critics and opponents at ‘Adra until 3 October 2015, when he wasof the government as well as family members transferred to an undisclosed location prior todetained in place of relatives wanted by the his execution.authorities. DEATH PENALTYTORTURE AND OTHER ILL-TREATMENT The death penalty remained in force forTorture and other ill-treatment of detainees by many offences. The authorities disclosed littlegovernment security and intelligence information about death sentences passed,agencies and in state prisons remained and no information on executions.systematic and widespread. Torture and otherill-treatment continued to result in a high TAIWANincidence of detainee deaths. For example,large numbers of detainees at Saydnaya TaiwanMilitary Prison died after being repeatedly Head of state: Tsai Ing-wentortured and systematically deprived of food, Head of government: William Lai Ching-te (replacedwater, ventilation, medicine and medical Lin Chuan in September)care. Their bodies were buried in massgraves. Taiwan’s Constitutional Court ruled that the current marriage law is unconstitutional asEXTRAJUDICIAL EXECUTIONS it discriminates against same-sex couples. The government held its second review ofGovernment forces carried out unlawful the implementation of the ICCPR and thekillings of detainees held in their custody in ICESCR and its first review regarding theSaydnaya Military Prison near Damascus. As Convention on the Rights of People withmany as 13,000 prisoners from Saydnaya Disabilities (CRPD) and the Convention onMilitary Prison were extrajudicially executed the Rights of the Child (CRC). The Supremein night-time mass hangings between 2011 Court rejected the Prosecutor-General’sand 2015. The victims were overwhelmingly extraordinary appeal for Chiou Ho-shun whocivilians perceived to oppose the government remained on death row. From mid-Februaryand were executed after being held in to early June when they were dispersed,conditions amounting to enforced Indigenous people and supporters staged adisappearance. Before they were hanged, the 100-day sit-in near the Presidential Officevictims were condemned to death at the protesting against government guidelines,Military Field Court in the al-Qaboun proposed by the cabinet-level Council ofneighbourhood of Damascus, in “trials” Indigenous Peoples, on changing thewhich lasted between one and three minutes. designation of traditional IndigenousThe Court was notorious for conductingclosed proceedings that fell far short of theAmnesty International Report 2017/18 353

territory. Media reported that migrant to omit evidence from a coercedworkers were sexually harassed at work. “confession”. Chiou Ho-shun claims he was tortured in custody and forced to “confess”RIGHTS OF LESBIAN, GAY, BISEXUAL, during police interrogations before beingTRANSGENDER AND INTERSEX PEOPLE found guilty of robbery, kidnapping and murder in 1989.On 24 May, the Grand Council of Judges(Constitutional Court) ruled that sections on The Taichung Branch of the Taiwan Highmarriage in the current Civil Code were Court held a retrial of the case of Chengunconstitutional as they discriminated against Hsing-tse, who was released on bail in 2016.same-sex couples. It gave the authorities two The court cleared his name in October,years to revise the law in order to achieve overturning his convictions. He had servedequal protection of freedom of marriage for 14 years in prison after he was convicted ofsame-sex couples. In late 2016, the the murder of a police officer during anLegislative Yuan, Taiwan’s Parliament, exchange of gunfire at a karaoke parlour inhad started discussion of a draft bill on Taichung in 2002.revising the Civil Code to allow same-sexmarriage but the bill had not progressed by REFUGEES AND ASYLUM-SEEKERSthe end of 2017. If passed, Taiwan wouldbecome the first jurisdiction in Asia to legalize By the end of the year there had been nosame-sex marriage. progress on the refugee bill since its second reading in July 2016. This was despiteLEGAL, CONSTITUTIONAL OR international experts concludingINSTITUTIONAL DEVELOPMENTS recommendations in January, which urged the speedy adoption of a refugee law toIn January, the government convened include the principle of non-refoulement.independent international human rightsexperts to conduct its second review of the 1. Taiwan: Government must act on human rights review (ASAimplementation of the ICCPR and the 38/5531/2017)ICESCR.1 The government initiated thisparallel review process as Taiwan is not a TAJIKISTANmember of the UN. The second review wasto examine progress since the last one in Republic of Tajikistan2013. Head of state: Emomali Rahmon Head of government: Qokhir Rasulzoda During the second review, the Taiwangovernment announced that it will establish a The authorities continued to imposenational human rights institution meeting the sweeping restrictions on the rights tostandards set out in the Paris Principles. freedom of expression and of peaceful assembly to silence critical voices. Police In late October and November, the and security services continued togovernment also convened international persecute human rights lawyers and theirexperts to conduct its first reviews of the families. A human rights lawyer wasimplementation of the CPRD and CRC tortured in detention and had his sentencerespectively. extended to 28 years’ imprisonment following three unfair trials. Lesbian, gay,DEATH PENALTY bisexual, transgender and intersex (LGBTI) people were subjected to violence, arbitraryThe Supreme Court rejected the Prosecutor- arrest and discrimination. The authoritiesGeneral’s extraordinary appeal for Chiou Ho- forced thousands of women to remove theirshun in July, a year after the application. hijabs to comply with the law on traditions.Chiou Ho-shun, who has been on death rowsince 1989, is the longest-serving death rowinmate in modern Taiwan history. The appealapplication cited the failure of previous courts354 Amnesty International Report 2017/18

BACKGROUND Dushanbe City Court had sentenced them to 23 and 21 years’ imprisonment respectivelyPublic order and counter-terrorism concerns, in October 2016, following a blatantly unfairreal and perceived, dominated the political trial. Both lawyers were found guilty ofagenda. The authorities relentlessly invoked “arousing national, racial, local or religiousnational security issues to justify ever harsher hostility” and “public calls for violent changerestrictions on perceived dissent, on the of the constitutional order of the Republic ofgrounds that these measures ensured Tajikistan”, charges they consistently denied.stability and preserved cultural traditions. The state media portrayed Buzurgmekhr Yorov as a “terrorist sympathizer” and The UN Special Rapporteur on the right to therefore a “terrorist” himself.freedom of opinion and expression noted inhis June report that since his 2016 visit to In February, Firdavs District Court inTajikistan the “draconian restrictions on Dushanbe started hearings into a thirdopposition voices and the squeezing of civil criminal case brought by the authoritiessociety” had continued to worsen. He against Buzurgmekhr Yorov on new fraudconcluded that “the Government is obligated charges, allegedly in response to complaintsunder human rights law to reconsider its made against him by members of the public.entire approach to restricting the opposition,the media, the Internet, and civil society as a In March, in the second trial ofwhole.” Buzurgmekhr Yorov, the Supreme Court found him guilty of disrespecting the CourtJUSTICE SYSTEM and insulting government officials in his final statement to Dushanbe City Court in OctoberBy December, less than half of the 2,000 2016. He was sentenced to an additional twolawyers registered nationwide had managed years’ imprisonment. The trial was opened into requalify and were licensed to practise. December 2016 when he was in the pre-trialAmendments introduced in 2015 to the law detention centre number 1 (SIZO) inon the legal profession increased government Dushanbe.control over the licensing of lawyers andsignificantly cut the total number of lawyers In April, Buzurgmekhr Yorov’s wife waslicensed to practise, drastically reducing informed of a fourth criminal case broughtcitizens‘ access to justice. against her husband for allegedly insultingPERSECUTION OF DEFENCE LAWYERS “the leader of the Nation”. In August, he wasDefence lawyers who took up politically sentenced to an additional three years’sensitive cases, or cases related to national imprisonment on charges of fraud and ofsecurity and counter-terrorism, faced insulting “the leader of the Nation” inincreasing harassment, intimidation and statements he made in court during hisundue pressure in connection with their original trial in response to the fraud chargeslegitimate professional activities. Human brought against him. The total length of hisrights lawyers faced arbitrary arrests, sentence was 28 years. The family could notprosecutions on politically motivated charges, find any lawyers willing to representharsh prison sentences and the harassment Buzurgmekhr Yorov as they feared reprisalsof their families and colleagues. Many human from the authorities after human rights lawyerrights lawyers fled the country for safety.1 Muazzamakhon Kadirova, who representedTHE CASE OF BUZURGMEKHR YOROV him in 2016, had to seek protection abroad.In February, the Supreme Court inDushanbe, the capital, turned down the In September, the authorities allowedappeals against the prison sentences of Buzurgmekhr Yorov’s mother to visit him inhuman rights lawyers Buzurgmekhr Yorov SIZO 1. He told her that the guards subjectedand Nuriddin Makhkamov who had him and other cellmates to regular beatings,represented several members of the banned including to the head, using their legs, armsIslamic Renaissance Party of Tajikistan. and batons while insulting, humiliating and threatening them. He spent several days inAmnesty International Report 2017/18 355

the SIZO medical centre following one of the wearing the Islamic headscarf (hijab) inbeatings. Buzurgmekhr Yorov was put in public places, ordered them to remove itsolitary confinement at least four times as because it was against the law and askedpunishment for what the SIZO Director them instead to wear a headscarf tied behindexplained to the media were “violations of the the head in the “traditional Tajik way”.detention regime”. The SIZO Director denied Dozens of women were briefly detained,all allegations of torture and other ill- many had their hijabs forcibly removed.treatment of Buzurgmekhr Yorov. Women wearing western-style dress were not targeted. Government officials claimed thatRIGHTS OF LESBIAN, GAY, BISEXUAL, the hijab was a form of “alien culture andTRANSGENDER AND INTERSEX PEOPLE tradition” and a sign of “extremism”. Shops selling Islamic clothing were raided byConsensual same-sex sexual relations were security forces and many were forced tonot criminalized but continued to be highly close.stigmatized. Since 2014, the Ministry ofInternal Affairs (MIA) included REPRESSION OF DISSENT“homosexuality and lesbianism” in its list of“amoral crimes, prostitution and Dozens of members and associates ofprocurement”. LGBTI people were targeted in banned opposition groups, such as Islamictwo public campaigns to prevent and combat Renaissance Party of Tajikistan and Group“amoral behaviour” and crimes against 24, and their families sought protection“morality” launched in 2015 by the Office of abroad. Party and Group 24 activists in exilethe Prosecutor General, MIA and the State reported that in retaliation for their actionsCommittee on Women’s Affairs and Family. abroad, such as conducting peaceful protestsLGBTI individuals were subjected to violence, at international meetings and conferences,arbitrary arrests, detention and police and security services threatened,discrimination, including being forcibly detained, questioned and in some cases beatregistered on MIA lists. In October, the family members, including elderly relativesMinister of Internal Affairs announced that and children, in Tajikistan. Local authoritiesthe names and personal details of 367 publicly shamed relatives branding them asindividuals suspected of being LGBTI had “traitors” and “enemies of the state”.been entered on an MIA register ostensibly toprotect them and to “prevent the FREEDOM OF EXPRESSIONtransmission of sexually transmitted diseases,including HIV/AIDS”. The authorities accused The authorities continued to imposeNGOs working with LGBTI people in the sweeping restrictions on freedom ofcontext of sexual health of undermining expression and the media and controlledtraditional cultural values. virtually all forms of access to information. Journalists continued to be subjected toDISCRIMINATION intimidation and harassment by police and security services. Tens of journalists wereIn August, President Rahmon signed into law forced to flee the country fearing reprisals foramendments to the Law on Traditions their critical reporting.regulating the practice of cultural traditionsand celebrations. The amendments In May, the authorities unblocked access tocompelled citizens to wear traditional dress at some social media sites and searchcultural celebrations or ceremonies, such as platforms, such as Facebook, Vkontakte andweddings and funerals. Women in particular YouTube. However, access to mediawere prohibited from wearing black at platforms considered to be promotingfunerals. “extremism”, such as BBC, CNN and Ferghana.ru, continued to be blocked. In the same month, police and local officialsapproached over 8,000 women who were In July, Parliament adopted new legislation granting the police and security services new356 Amnesty International Report 2017/18

powers to obtain information about internet decision to limit provision of certain healthsites visited by individuals. The law was services for LGBTI people. The activists wereproposed following claims, which were not released without charge on 27 October, aftersubstantiated, by some officials that over a court found that there was insufficient80% of internet users accessed sites with evidence for the prosecutor to sustain the“extremist” content. case.1. In the line of duty: Harassment, prosecution and imprisonment of FREEDOM OF EXPRESSION lawyers in Tajikistan (EUR 60/6266/2017) Opposition MPs who were perceived asTANZANIA critical of the government faced harassment, intimidation and arrest. On 21 September,United Republic of Tanzania Zitto Kabwe, leader of the Alliance for ChangeHead of state: John Magufuli and Transparency party, was arrestedHead of government: Kassim Majaliwa following comments he made on socialHead of Zanzibar government: Ali Mohamed Shein media. These concerned the House Speaker’s handling of reports by twoThe authorities restricted the rights to parliamentary committees formed tofreedom of expression and association, and investigate tanzanite and diamond miningfailed to address discrimination on grounds before they were debated in Parliament. Heof gender and sexual orientation. Refugees appeared before the Parliamentary Privileges,and asylum-seekers faced overcrowding, Ethics and Powers Committee on 22 insufficient rations, and bureaucratic September and was subsequently released.obstacles put in place by the state The Committee had not sent their report toauthorities. the Speaker by the end of the year.RIGHTS OF LESBIAN, GAY, BISEXUAL, On 31 October, Zitto Kabwe was againTRANSGENDER AND INTERSEX PEOPLE detained by police for allegedly issuing false statistics on the national economic growthThe government continued its crackdown figures. According to Section 37(5) of theagainst LGBTI people, closing down health Statistics Act of 2017, any agency or personcentres and threatening to deregister who publishes or communicates officialorganizations that provided services and statistical information which may result in thesupport to them. On 17 February, the Health distortion of facts, commits an offence. ThisMinister closed down 40 private health can be punishable by a fine or imprisonmentcentres, accusing them of promoting same- of not less than three years, or both. Zittosex relations which is punishable by up to 30 Kabwe was released on 31 October withoutyears’ imprisonment. On 25 June, the Home charge.Affairs Minister threatened to deport anyforeign national, or prosecute anyone, Tundu Lissu, President of Tanganyika Lawworking to protect LGBTI rights. Society and an MP for the opposition Chadema party, was arrested on 21 October In Zanzibar 12 women and eight men – and charged with “hate speech” after hewere detained on 18 September while criticized President Magufuli. In a publicreceiving HIV/AIDS training at a hotel. The speech on 17 July, he said that thegovernment accused them of promoting government was discriminating along family,LGBTI rights. On 17 October the authorities tribal and regional lines when employingarrested 13 health and human rights government officials, and issuing workactivists, including two South Africans and permits along religious lines. He also referredone Ugandan, during a consultative meeting to the President as a dictator. He wasto discuss the Tanzanian government’s released the same day after interrogation by the police.Amnesty International Report 2017/18 357

Media freedom deteriorated significantly. challenged the President’s ban on schoolingPresident Magufuli stated in January that the for pregnant girls and teenage mothers.days of newspapers viewed as “unethical\"were numbered. From June to September, REFUGEES AND ASYLUM-SEEKERSthree newspapers – MwanaHalisi, Mawio andRaia Mwema – were either closed or According to UNHCR, the UN refugeetemporarily banned from publishing because agency, by the end of October, 359,494of “unethical” reporting and inciting violence. Burundian refugees resided in Tanzania (seeOn 15 June the Information, Sports and Burundi entry). On 20 January, the HomeCulture Minister banned Mawio for two years Affairs Ministry revoked prima facie refugeeover articles it published linking two former status recognition of Burundian asylum-presidents with alleged improprieties in seekers, and new arrivals had to undergomining deals signed in the 1990s and early individual refugee status determination2000s. On 19 September, the Information processes. UNHCR warned that the situationService Directorate issued a two-year ban on in Nduta camp in Tanzania, in particular, wasMwanaHalisi, after accusing it of insulting the “alarming”. Originally designed to holdPresident and publishing unethical stories. 50,000 people, at the end of 2017 it wasThis was the second time the newspaper had home to over 127,000. UNHCR and itsbeen suspended in three months. partners also lacked sufficient capacity to prevent, or respond adequately to, sexual On 17 March, Dar es Salaam’s Regional and gender-based violence. UNHCR raisedCommissioner led a raid on Clouds Media concerns about risks to health and safetyGroup, allegedly for their decision not to caused by overcrowding. On 27 August, thebroadcast a video aimed at undermining a World Food Programme warned that thepopular local pastor. already insufficient food rations for refugees in Tanzania would have to be further reduced The Electronic and Postal Communications unless there was urgent funding from donors.(Online Content) Regulations, 2017, passed Regular food and water shortages in thein September, curtailed online freedom. camps in Tanzania were seen by someAccording to the regulations, social media refugees as an attempt to force them tousers and online content producers are held return home. This was particularly in the lightliable for materials deemed “indecent, of comments made in July by Presidentobscene, hate speech, extreme violence or Magufuli during a visit by Burundianmaterial that will offend or incite others, President Pierre Nkurunziza, encouragingcause annoyance, threaten harm or evil, refugees to return to Burundi.encourage or incite crime, or lead to publicdisorder\". Those found guilty face a fine of 5  Tanzania operated a de facto encampmentmillion Tanzanian shillings (USD2,300), a policy by which refugees who left the campsminimum of 12 months in jail, or both. without permission faced fines or arrest.RIGHT TO EDUCATION THAILANDOn 22 June, President Magufuli issued a Kingdom of Thailandstatement banning pregnant girls from Head of state: King Maha Vajiralongkornreturning to public-funded schools. He Bodindradebayavarangkunstated: “As long as I’m President, no Head of government: Prayut Chan-o-Chapregnant students will be allowed to return toschool.” He said that young mothers could Activists, journalists, politicians, humanopt for vocational training or become rights lawyers and human rights defendersentrepreneurs, but should not be permitted were arrested, detained and prosecuted forto pursue formal education in public schools. peacefully expressing opinions about theOn 25 June, the Home Affairs Ministerthreatened to deregister organizations that358 Amnesty International Report 2017/18

government and monarchy. The government association. Student activists, mediamaintained systematic and arbitrary workers, human rights lawyers, politiciansrestrictions on human rights, including the and others were prosecuted for peacefullyrights to freedom of expression, peaceful exercising these rights, including in unfairassembly and association. It failed to fulfil trials in military courts.its promise to pass a law prohibiting tortureand enforced disappearances. Refugees and Authorities initiated criminal proceedingsasylum-seekers continued to be denied against participants in peaceful publicformal legal status; they were vulnerable to protests, academic seminars and civil societyarrest, detention and deportation. activities under a 2015 decree providing for criminal penalties for “political gatherings” ofBACKGROUND five or more people. In November authorities initiated criminal proceedings againstThe country remained under the authority of protesters seeking to petition about thethe military National Council for Peace and construction of a coal-fired power plant inOrder (NCPO). A new Constitution, drafted by Songkhla, southern Thailand.a military-appointed body and approved in anAugust 2016 national referendum, came into Three opposition politicians and a journalisteffect in April. Authorities prosecuted former were among several individuals charged withgovernment officials for a rice subsidy sedition under Article 116 of the Penal Codescheme. Former Prime Minister Yingluck for criticizing the government or voicingShinawatra secretly left the country in support for opposition politicians, including inAugust; she was subsequently tried in her comments made on social media.absence on charges of negligence andsentenced to five years’ imprisonment. King Activists, journalists and workers facedMaha Vajiralongkorn criminal defamation charges initiated byBodindradebayavarangkun was crowned in government officials and private companiesDecember. for publicizing information about rights violations, environmental concerns andJUSTICE SYSTEM official misconduct. In October, charges filed in 2016 against three human rightsThroughout the year, the Head of the NCPO defenders − Pornpen Khongkachonkiet,continued to use extraordinary powers under Somchai Homla-or and Anchana HeemminaArticle 44 of the interim Constitution to − in relation to their reporting on torture byarbitrarily restrict peaceful political activities military officers were formally withdrawn. Theand the exercise of other human rights. Supreme Court, overturning rulings by lowerMilitary officials exercised sweeping law courts, sentenced two opposition politiciansenforcement powers, including to detain to one year’s imprisonment for the criminalindividuals in unofficial places of detention defamation of former Prime Minister Abhisitwithout charge for a broad range of activities. Vejjajiva in two separate cases in April andA number were held incommunicado. July.Hundreds of civilians continued to facelengthy and unfair trials before military courts Authorities continued to vigorouslyfor violations of NCPO orders, offences prosecute cases under Article 112 of theagainst “national security” and allegedly Penal Code – lèse-majesté provision – whichinsulting the monarchy. penalized criticism of the monarchy. Individuals were charged or prosecutedFREEDOMS OF EXPRESSION, ASSEMBLY under Article 112 during the year, includingAND ASSOCIATION some alleged to have offended past monarchs. Trials for lèse-majesté were heldThe government continued to systematically behind closed doors. In June, the Bangkokand arbitrarily restrict the rights to freedom of Military Court sentenced a man to a recordexpression, peaceful assembly and 35 years’ imprisonment − halved from 70 years after he pleaded guilty − for a series ofAmnesty International Report 2017/18 359

Facebook posts allegedly concerning the deportation.2 In May, Thai authorities assistedmonarchy.1 In August, student activist and in the extradition of Turkish nationalhuman rights defender Jatupat “Pai” Muhammet Furkan Sökmen from MyanmarBoonpattararaksa was sentenced to two and to Turkey via Bangkok, despite warnings froma half years’ imprisonment after being UN agencies that he was at risk of humanconvicted in a case concerning his sharing a rights violations if returned. At the end of theBBC profile of Thailand’s King on Facebook. year, hundreds of refugees and asylum-Authorities brought lèse-majesté charges seekers remained in immigration detentionagainst a prominent academic for comments centres, where many had been held forhe made about a battle fought by a 16th years.century Thai king. In January, the Cabinet authorized the Authorities pressured Facebook, Google and development of a system for screeningYouTube to remove online content, including refugees and irregular migrants which, ifmaterial deemed critical of the monarchy. implemented in a fair and non-discriminatoryThe authorities also threatened to prosecute manner, could represent a major stepinternet service providers that did not remove towards advancing refugee rights. Thecontent, as well as individuals system had not been finalized by the end ofcommunicating with or sharing posts from the year. exiled government critics. Six people weresubsequently arrested for sharing Facebook EXTRAJUDICIAL EXECUTIONS ANDposts concerning the removal of a plaque ENFORCED DISAPPEARANCEScommemorating events in 1932 that broughtan end to absolute monarchy. At the end of In March, Chaiyaphum Pasae, a 17-year-oldthe year they remained imprisoned, facing Indigenous Lahu youth activist, was shotcharges on multiple counts of violation of dead at a checkpoint staffed by soldiers andArticle 112. anti-narcotics officers, who claimed to have acted in self-defence. By the end of the year, Authorities proposed cybersecurity an official investigation into his death hadlegislation and other measures that would made little progress; the authorities failed toallow for increased online surveillance and produce CCTV footage from cameras knowncensorship without prior judicial to have been present at the time of theauthorization. incident.3IMPUNITY The government failed to make progress in resolving open cases of enforcedIn August, the Supreme Court dismissed disappearance. A Thai delegation told the UNmurder charges against former Prime Human Rights Committee in March that itMinister Abhisit Vejjajiva and Deputy Prime was considering forwarding the cases of theMinister Suthep Thaugsuban. The charges enforced disappearances of Somchairelated to the deaths of at least 90 people in Neelapaijit and Porlajee “Billy”2010 during clashes between protesters and Rakchongcharoen to the Department ofsecurity forces. Special Investigation, but had not done so by the end of the year.4REFUGEES AND ASYLUM-SEEKERS In March, the National Legislative AssemblyThailand continued to host more than approved proceeding with the ratification of100,000 refugees and asylum-seekers; they the International Convention for theincluded Myanmar nationals in camps along Protection of All Persons from Enforcedthe Thailand-Myanmar border, and refugees Disappearance, which Thailand signed inin the capital, Bangkok, and other cities. 2012. However, by the end of the yearRefugees and asylum-seekers had no formal Thailand had neither ratified the treaty norlegal status in Thailand, leaving them provided a timeframe for doing so.vulnerable to arrest, detention and360 Amnesty International Report 2017/18

ARMED CONFLICT 2. Between a rock and a hard place: Thailand’s refugee policies and violations of the principle of non-refoulement (ASA 39/7031/2017)There was little progress in governmentnegotiations to resolve armed conflict with 3. Thailand: Ensure accountability for killing of 17-year-old Lahuethnic Malay separatists in southern activist (ASA 39/5915/2017)Thailand. Insurgents carried out numerousattacks on military and civilian targets, 4. Thailand: Joint statement on the International Day of the Victims ofincluding execution-style killings and the use Enforced Disappearances (ASA 39/7015/2017)of improvised explosive devices. 5. Thailand: Prioritize the amendment and passage of legislation on Martial law and a 2005 Emergency Decree torture and enforced disappearances (ASA 39/5846/2017)remained in place in far south provinces.Individuals were arrested and detained in 6. Thailand must follow through on commitments to prevent torture andunofficial places of detention without judicial ill-treatment (ASA 39/6589/2017)oversight. TIMOR-LESTETORTURE AND OTHER ILL-TREATMENT Democratic Republic of Timor-Leste Head of state: Francisco Guterres (replaced Taur MatanLocal organizations and community members Ruak in May)reported that the military arbitrarily arrested, Head of government: Mari Alkatiri (replaced Rui Mariatortured and otherwise ill-treated Muslim men de Araújo in September)following attacks by militants in southernThailand. Human rights defenders working Victims of serious human rights violationswith victims of torture were harassed by committed during the Indonesianmilitary authorities and threatened on social occupation (1975-1999) continued tomedia. demand justice and reparations. Security forces were accused of ill-treatment. In February, the National Legislative Journalists faced defamation charges forAssembly returned a draft Prevention and carrying out their work.Suppression of Torture and EnforcedDisappearance Act to the Cabinet for “more BACKGROUNDconsultations”.5 The latest draft addressedgaps in the current legal framework relating Presidential and parliamentary elections, heldto torture and enforced disappearances. respectively in March and July, took placeFurther amendments were needed to bring without incident. In June, Timor-Lestethe bill into line with Thailand’s obligations accepted fully 146 out of 154under international law.6 recommendations made under the UPR process and noted the eight remainingTRAFFICKING IN HUMAN BEINGS recommendations. Those that were accepted included recommendations to address pastIn July, a criminal court convicted 62 human rights violations and ensure theindividuals, including senior military, police delivery of reparations to victims.and other government officials, for theirinvolvement in human trafficking operations. IMPUNITYThey were sentenced to between four and 94years’ imprisonment. Human rights groups A new government body, the Chega! Nationalraised concerns that witnesses, translators Centre – From Memory to Hope (CNC), wasand police investigators were threatened established through Decree Law No.during the investigation and trial, and that the 48/2016. The CNC’s purpose was to facilitateinvestigation had been terminated the implementation of recommendationsprematurely. made by Timor-Leste’s truth commission (CAVR) in 2005 and the bilateral Timor-Leste1. Thailand: Continuing crackdown on free online expression (ASA and Indonesia Commission of Truth and 39/6480/2017) Friendship in 2008. The main planned activities of the CNC includedAmnesty International Report 2017/18 361

memorialization, education, solidarity with forces used excessive force againstvictims of past human rights violations, and demonstrators with at least 11 people killedoutreach. However, the CNC did not have a during protests. Arbitrary arrests andmandate to address the CAVR’s detentions, torture and other ill-treatment,recommendations on justice and reparations and impunity for human rights violationsfor victims of serious human rights violations. persisted.POLICE AND SECURITY FORCES INTERNATIONAL SCRUTINYTimorese human rights groups continued to Togo accepted various recommendations thatexpress concern over allegations of arose from the examination of its humanunnecessary or excessive use of force and rights record under the UPR process,torture and other ill-treatment by security including to take steps to prevent torture andforces, and a lack of accountability. On 22  other human rights violations by the securityApril, it was reported that members of the forces, and to ensure adequate investigationPublic Order Battalion (BOP) Unit of the and prosecution of anyone suspected ofNational Police beat and kicked a man in being responsible. It rejectedBobonaro District causing bleeding from the recommendations including to amend ornose, ear and mouth. At the end of the year, repeal laws used to crack down on journaliststhe alleged abuse was under investigation by and human rights defenders, including lawsthe Office of the Public Prosecutor of Suai criminalizing defamation; and to ensure theDistrict. protection of lesbian, gay, bisexual, transgender and intersex people.1FREEDOM OF EXPRESSION –JOURNALISTS EXCESSIVE USE OF FORCEOn 1 June, a court in the capital, Dili, cleared The security forces, including the army,journalists Raimundos Oki and Lourenco continued to suppress and disperse peacefulVicente Martins of all charges against them. protests using excessive and lethal force.The charges had been filed by the Public They violently dispersed protests, beatProsecutor on 17 May in a defamation opposition members and subjectedlawsuit, following assertions made in January journalists to ill-treatment.2016 by the then Prime Minister Araújo thatthe journalists had made false accusations or On 28 February, security forces used livea “slanderous denunciation” under Article ammunition to disperse a spontaneous285(1) of the Criminal Code. The charges protest against oil price rises in the capital,were in relation to an article in the Timor Post Lomé, killing one person and woundingnewspaper alleging official interference several others.2during the tendering process for agovernment IT project. In June, the security forces repressed demonstrations organized by a University ofTOGO Lomé student union which called for improved living conditions. Internet videosTogolese Republic showed security force members, armed withHead of state: Faure Gnassingbé shotguns, battering students on the groundHead of government: Komi Sélom Klassou with batons. Some students threw rocks at security forces. At least 19 students wereThe authorities continued to curtail the arrested, 10 of whom were released shortlyrights to freedom of expression and of after being brought before the prosecutor. Onassembly during mass demonstrations 19 June, seven were released after theorganized by opposition groups. Security Tribunal of Lomé acquitted them of acts of rebellion and destruction of property. On 26  June, Foly Satchivi, President of the Togolese League of Student Rights, and Marius362 Amnesty International Report 2017/18

Amagbégnon, received a 12-month from photographing an eviction in Lomé. Hesuspended prison sentence for aggravated was detained and his photographs deleted,disturbance of public order as the court before being released on the same dayconsidered them to be the organizers of the without charge. He filed a complaint with thedemonstration. After their release on 27 prosecution services in Lomé to whichJune, they appealed against their convictions. he said he had received no response by theSeveral students told the court that they were end of the year. On 22 February, the Generalbeaten by security forces during arrest and Prosecutor issued a warning that anyone whotransfer. reported on the attack on Robert Kossi Avotor would risk criminal prosecution for Between August and December, the “disseminating false news”.political opposition held mass demonstrationsin major cities. The security forces dispersed Kombate Garimbité, a member of thethem with tear gas, batons, water cannons opposition Alliance of Democrats for Integraland live ammunition and there were sporadic Development (ADDI), was arrested on 4 Aprilviolent clashes between opposition groups after he criticized a call made by the chief ofand supporters of the ruling party. The the Yembour locality for students’ relatives tosecurity forces raided houses and places of pay for damages caused during a protest inprayer, beating people, including those who March. The authorities accused him ofhad not participated in demonstrations. At organizing the March protest and he wasleast 10 people were killed, including two charged with aggravated disturbance ofmembers of the armed forces and three public order. He claimed that he was notchildren aged between 11 and 14. Hundreds involved in the protests and was in Lomé,were injured, including members of the 630km away from Yembour, at the time. Bysecurity forces. More than 200 people were the end of the year, he remained in detentionarrested, including the Secretary General of without trial.5the opposition Pan African National Party(PNP). At least 60 people were sentenced to Salomée T. Abalodo was arrested byprison terms of up to 60 months on charges gendarmes in Pagouda, a town in the Karaincluding rebellion, wilful destruction, assault, region, on 13 April after she took pictures ofviolence against state officials, aggravated wounded protesters and asked localdisruption of the public order and aggravated authorities to stop security forces usingtheft.3 excessive force against peaceful demonstrators. She was charged withFREEDOM OF EXPRESSION “rebellion” and “participation in an unauthorized protest”. She was released onThe authorities continued to curtail the right 12 May when the Tribunal of Pagoudato freedom of expression. They arbitrarily dropped the charges.6closed media outlets and arrested communityand opposition leaders for expressing dissent. The authorities shut down the internet forThey cut off the internet to prevent activists nine days in September amid opposition-ledand journalists from reporting violations. protests, disrupting the organization of the protest and impeding the work of human On 6 February, the High Authority for rights defenders and journalists who wereAudiovisual and Communication (HAAC) monitoring the protests.withdrew the frequencies of radio stationCityFM and TV station La Chaîne du Futur for IMPUNITYbreaching licensing rules. The HAAC statutedid not provide any mechanism to appeal The authorities continued to fail to take stepsagainst the decision.4 to identify those suspected of responsibility for human rights violations, including the On 7 February, journalist Robert Kossi deaths of nearly 500 people, during theAvotor was beaten with batons and violence surrounding the presidential electionhandcuffed by gendarmes to prevent him in 2005. Of the 72 complaints filed by theAmnesty International Report 2017/18 363

victims’ families with the Atakpamé, Amlamé In May, Parliament adopted an amendmentand Lomé courts, none are known to have to the Passport Law introducing positivebeen fully investigated. provisions requiring that people affected by a travel ban be informed of the decision1. Amnesty International urges Togo to expressly commit to protecting promptly, and guaranteeing that they have the rights to freedom of association, freedom of expression and the right to challenge the decision.1 peaceful assembly (AFR 57/5884/2017) In May, Tunisia’s human rights record was2. Togo. Un mort par balle et plusieurs blessés lors d’une manifestation examined for the third time under the UN dispersée par l’armée (Press release, 1 March) UPR process. Recommendations to Tunisia were adopted by the UN Human Rights3. Togo. Les autorités doivent s’abstenir de tout recours injustifié ou Council in September. excessif à la force lors des manifestations de l’opposition (Press release, 6 September); Togo. Un enfant de neuf ans tué par balle lors Local municipal elections scheduled to take des manifestations (Press release, 20 September) place in December were postponed to May 2018 because of delays in making4. Togo. Le retrait des fréquences de deux médias est une attaque appointments to the National Independent contre la liberté d’expression (Press release, 6 February) Elections Commission. Parliament failed to elect its allotted quota of Constitutional Court5. Togo. Un militant politique détenu pour ses opinions doit être libéré members as required by law, thereby (Press release, 12 April) impeding the establishment of the Court.6. Togo: Detained community leader wrongly charged: Salomée T. COUNTER-TERROR AND SECURITY Abalodo (AFR 57/6193/2017) Emergency measures in place sinceTUNISIA November 2015 continued to give the Minister of the Interior broad additionalRepublic of Tunisia powers, including the ability to conductHead of state: Béji Caïd Essebsi house raids without judicial warrants andHead of government: Youssef Chahed impose restrictions on freedom of movement. The Ministry of the Interior continued toThe authorities continued to renew the state restrict freedom of movement throughof emergency and used it to justify arbitrary and indefinite S17 orders thatimposing arbitrary restrictions on freedom confined hundreds to their governorate ofof movement. Torture and other ill- residence, justifying this as a measure totreatment of detainees continued in an prevent Tunisians from travelling to joinenvironment of impunity. Police carried out armed groups. Human rights lawyersarbitrary arrests and house raids without reported instances of arbitrary arrest andjudicial warrants. Lesbian, gay, bisexual, short-term detention of people subjected totransgender and intersex people were S17 border control measures. The Minister ofarrested and prosecuted for consensual the Interior told Parliament in April that 134same-sex sexual relations. Prosecutions of individuals had filed complaints with thepeaceful protesters increased in several Administrative Court challenging S17 orders.regions. In April, the Minister announced that 537 individuals were facing trial for “terrorism-BACKGROUND related” activities.The authorities renewed the nationwide state Family members of individuals suspected ofof emergency five times during the year for joining or supporting armed groups facedperiods of one to three months. A major harassment and intimidation by the police.cabinet reshuffle in September brought 13 The Malik family’s home in Tozeur wasnew ministers into government. regularly raided by police because they suspected one member of the family of Protests against unemployment, poor living affiliation to armed groups abroad. In May,conditions and marginalizing developmentpolicies continued, particularly inunderdeveloped regions.364 Amnesty International Report 2017/18

two members of the family, journalists Salam prosecuted under Article 230. In June, aand Salwa Malik, were prosecuted and judge in Sousse sentenced a 16-year-old boysentenced to six months’ imprisonment, later in his absence to four months’ imprisonmentreduced to a fine, after they criticized the under Article 230.conduct of police during a particularly violentraid on their home.2 LGBTI people also faced violence, exploitation and sexual and other abuse by Police harassed individuals on account of police, including when they tried to seek atheir appearance, arresting and interrogating remedy for violations of their rights. In July,men with beards and men and women police officers in Sousse arbitrarily arresteddressed in what officials deemed to be and beat two men because of their perceivedconservative religious clothing. sexual orientation. In August, police officers in Sidi Bousaid, near the capital, Tunis,TORTURE AND OTHER ILL-TREATMENT assaulted a transgender resident of Tunis when he went to the police station to file aHuman rights lawyers continued to report complaint for harassment on the grounds ofcases of torture and other ill-treatment of his gender.detainees, mostly during arrest and in pre-charge detention in regular criminal cases The police continued to subject menand national security cases. In March and accused of same-sex sexual relations toApril, the Parliamentary Committee on forced anal examinations, in violation of theRights, Liberties and External Relations prohibition of torture. In September, Tunisiainvited Amnesty International to brief them accepted a recommendation under theafter the Prime Minister said that the UN UPR process to end the use of analgovernment would investigate claims made examinations.by Amnesty International regarding abusesby security forces, including torture.3 It FREEDOMS OF EXPRESSION,subsequently held four further sessions on ASSOCIATION AND ASSEMBLYtorture: one session each with AmnestyInternational, two Tunisian NGOs, and the On 10 May, President Essebsi announced theMinister of the Interior. deployment of the army to protect key economic installations from disruption by The work of Tunisia’s National Preventive social and labour protests. In the followingMechanism (NPM) – the National Body for days, police forces used excessive forcethe Prevention of Torture, which was including tear gas against peaceful protestersestablished in 2013 as part of Tunisia’s in the southern city of Tataouine. A youngobligations as a party to the Optional Protocol protester was killed when a National Guardto the UN Convention against Torture – vehicle ran him over in what the Ministry ofcontinued to be hampered by a lack of co- Health said was an accident. On 18operation from the Ministry of the Interior and  September, a group of officers beat journalistinadequate financial support from the Hamdi Souissi with batons while he wasgovernment. In April, police at Tunis Carthage covering a sit-in in Sfax. Throughout the year,International Airport denied members of the courts increasingly prosecuted peacefulNPM access to monitor the handover of a protesters. In Gafsa alone, courts tried“terrorism” suspect deported from Germany. hundreds of individuals, at least 80 of them in their absence, on charges of “disruptingRIGHTS OF LESBIAN, GAY, BISEXUAL, the freedom of work” following social protestsTRANSGENDER AND INTERSEX PEOPLE related to unemployment.LGBTI people continued to be at risk of arrest Courts continued to use arbitrary Penalunder Article 230 of the Penal Code, which Code provisions to prosecute people forcriminalizes consensual same-sex sexual conduct protected by the right to freedom ofrelations. Police arrested at least 44 expression. In May, the Court of Firstindividuals who were later charged and Instance in Sousse sentenced two youngAmnesty International Report 2017/18 365

men to two months’ imprisonment for “public TRANSITIONAL JUSTICEindecency” for designing and wearing a T-shirt with a slogan suggesting that police The Truth and Dignity Commission (IVD),officers are morally corrupt. In July, rap created in 2013 to address human rightssinger Ahmed Ben Ahmed was assaulted by violations committed between July 1955 anda group of police officers who were supposed December 2013, held 11 public sessionsto be providing security for his concert, during the year. During these sessions,because they were offended that his songs victims and perpetrators testified on a rangewere insulting to the police. A police union of violations including election fraud,later filed a complaint before the Court of enforced disappearance and torture. ThereFirst Instance in Mahdia against Ahmed Ben was no progress on the adoption of aAhmed for the Penal Code crime of “insulting memorandum of understanding between thestate officials”. IVD and the Ministry of Justice to allow for the referral of cases to specialized judicial In June, the Court of First Instance in Bizert chambers. Government institutions includingconvicted at least five people of “public the Ministries of the Interior, Defence, andindecency” for publicly smoking during the Justice continued to fail to provide the IVDday during Ramadan.4 with the information it requested for its investigations. The Military Justice system On 8 September, the authorities arbitrarily refused to hand over to the IVD the case filesexpelled Prince Hicham Al Alaoui, a cousin of the trials of those accused of killingand vocal critic of Morocco’s King Mohamed protesters during the 2011 uprising and ofVI, from Tunisia as he arrived to attend a victims of police repression during Silianaconference on democratic transitions. protests in 2012.WOMEN’S RIGHTS In September, Parliament passed a controversial Administrative ReconciliationIn July, Parliament adopted the Law on Law, first proposed by President Essebsi inEliminating Violence against Women which 2015. The law had been long opposed bybrought several guarantees for the protection opposition political parties, civil societyof women and girls from gender-based groups and the campaign group Manichviolence. It repealed Penal Code Article Msameh (“I will not forgive”) because it offers227 bis that had allowed men accused of immunity to public servants involved inraping a woman or girl under the age of 20 to corruption and misappropriation of publicescape prosecution by marrying her. funds if they were obeying orders and had derived no personal benefit. A group of MPs In August, President Essebsi called on filed a challenge before the ProvisionalParliament to reform the discriminatory Authority for the Examination of theinheritance law and created a commission Constitutionality of Draft Laws, arguing thatmandated to propose legal reforms to ensure the law was unconstitutional; the Provisionalgender equality. The commission had not Authority’s inability to reach a majoritydelivered its report by the end of the year. In decision resulted in the law being enacted.September, the Ministry of Justice repealedthe 1973 directive prohibiting marriage RIGHT TO WATERbetween a Tunisian woman and a non-Muslim man. The water shortage in Tunisia became more acute with water supplies to dams falling In a cabinet reshuffle in September the 42% below the annual average. In August,number of women ministers was decreased the Minister of Agriculture, Water Resourcesfrom four to three out of 28 ministerial posts, and Fisheries stated that the government didleaving women severely under-represented in not have a national strategy for watergovernment. distribution, thereby making it impossible to ensure equitable access.366 Amnesty International Report 2017/18

Water shortages in recent years 2016. Any effective investigation of humandisproportionately affected the distribution of rights violations by state officials waswater and resulted in repeated water cuts in prevented by pervasive impunity. Abuses bymarginalized regions leading to local protests armed groups continued, including twothroughout 2017. In September, residents of attacks in January. However, there were nothe small town of Deguech in Tozeur region further bombing attacks targeting membersorganized a protest in front of the local of the general population that had beenauthority’s office demanding a solution to the such a regular occurrence in previous years.regular cuts in running water that the region No resolution was found for the situation ofhad suffered throughout the summer. In July, people displaced within the southeast ofsome neighbourhoods of Redeyef in the the country. Turkey continued to host one ofregion of Gafsa suffered more than one the largest refugee populations in the world,month without running water, and towns with more than 3 million registered Syrianincluding Moulares had running water for refugees alone, but risks of forcible returnonly a few hours per day. In March, the NGO persisted.Tunisian Water Observatory announced that ithad registered 615 water cuts and 250 BACKGROUNDprotests related to access to water. The state of emergency, imposed following anDEATH PENALTY attempted coup in July 2016, remained in force throughout the year. It paved the wayCourts handed down at least 25 death for unlawful restrictions on human rights andsentences following trials related to national allowed the government to pass laws beyondsecurity. Defence lawyers appealed against the effective scrutiny of Parliament and thethe sentences. No executions have been courts.carried out since 1991. After having been remanded in prison1. Tunisia: Changes to passport law will ease arbitrary restrictions on detention in 2016, nine parliamentarians travel (News story, 26 May) from the Kurdish-rooted leftist Peoples’ Democracy Party (HDP), including the party’s2. Tunisia: Journalists prosecuted for criticizing conduct of security two leaders, remained in prison during the forces (News story, 15 May) whole year. Sixty elected mayors of the Democratic Regions Party, the sister party of3. \"We want an end to the fear\": Abuses under Tunisia’s state of the HDP, representing constituencies in the emergency (MDE 30/4911/2017) predominantly Kurdish east and southeast of Turkey, also remained in prison. The4. Tunisia: Fifth man facing jail term for breaking fast during Ramadan unelected officials who replaced them (News story, 13 June) continued in office throughout 2017. In October, six elected mayors, including thoseTURKEY representing the capital, Ankara, and Istanbul, were left with no option but to resignRepublic of Turkey after being requested to do so by theHead of state: Recep Tayyip Erdoğan President. As a result, a third of Turkey’sHead of government: Binali Yıldırım population was not being represented by the people they had elected at the 2016 localAn ongoing state of emergency set a elections.backdrop for violations of human rights.Dissent was ruthlessly suppressed, with Over 50,000 people were in pre-trialjournalists, political activists and human detention on charges linked to membershiprights defenders among those targeted. of the “Fethullahist TerroristInstances of torture continued to be Organization” (FETÖ), which the authoritiesreported, but in lower numbers than in the blamed for the 2016 coup attempt. A similarweeks following the coup attempt of July number were released on bail and wereAmnesty International Report 2017/18 367

subjected to reporting requirements. Only a Criticism of the government in the broadcasttiny minority of them were accused of taking and print media largely disappeared, withpart in the actual events of the attempted dissent mainly confined to internet-basedcoup. The judiciary, itself decimated by the media. The government continued to usedismissal or detention of up to a third of administrative blocking orders, against whichTurkey’s judges and prosecutors, remained there was no effective appeal, routinely, tounder extreme political pressure. Arbitrary, censor internet content. In April, the Turkishlengthy and punitive pre-trial detention and authorities blocked all access to the onlinefair trial violations continued routinely. encyclopedia Wikipedia due to a page that cited news reports alleging links between the Armed clashes continued between the Turkish government and several armedKurdistan Workers’ Party (PKK) and state groups in Syria. Wikipedia refused to edit thesecurity forces. Turkish armed forces also page. The website remained blocked at thecarried out military operations against armed end of the year.groups within Syria and Iraq; in September, JOURNALISTSthe mandate to do so for another year was Among the more than 100 journalists andapproved by Parliament. media workers in pre-trial detention at the end of the year, three were from the secular In April, constitutional amendments opposition newspaper Cumhuriyet; during thegranting extensive powers to the office of course of the year eight of their colleaguesPresident were passed by referendum. who had been in pre-trial detention wereOpponents of the proposed amendments had released pending the outcome of their trial.complained that they had vastly less access Journalists from media outlets closed by stateto state media and were prevented from of emergency decrees continued to facedemonstrating their opposition in public. The prosecution, conviction and imprisonment.authorities dismissed allegations of Former Taraf editor Ahmet Altan and hisirregularities in the counting of votes. brother Mehmet Altan remained in pre-trial detention following their detention in JulyFREEDOM OF EXPRESSION 2016 on grounds of membership of the Gülen movement, as did 34 media workersCivil society representatives, as well as the who worked for Zaman group newspapers.general population, widely practised self- Zehra Doğan, a journalist for the Kurdishcensorship, deleting social media posts and women’s Jinha news agency, was imprisonedrefraining from making public comments for in June following her conviction andfear of dismissal from their jobs, closure of sentencing to two years, nine months and 22their organizations or criminal prosecution. days for terrorist propaganda. İnan Kızılkaya,Thousands of criminal prosecutions were editor of the Kurdish Özgür Gündembrought, including under laws prohibiting newspaper, was released in October afterdefamation and on trumped-up terrorism- 440 days in pre-trial detention pending therelated charges, based on peoples’ peaceful outcome of his trial for membership of theexercise of their right to freedom of PKK.expression. Arbitrary and punitive lengthypre-trial detention was routinely imposed. Deniz Yücel, correspondent for the GermanConfidential details of investigations were Die Welt newspaper, was arrested in Februaryfrequently leaked to government-linked and at the end of the year was still inmedia and splashed across the front pages of detention without being indicted, much of itnewspapers, while government spokespeople in solitary confinement. Wall Street Journalmade prejudicial statements regarding cases journalist Ayla Albayrak was convicted ofunder investigation. Prosecutions of terrorist propaganda and in October wasjournalists and political activists continued, given a prison sentence of two years and oneand prosecutions of human rights defenders month for a 2015 article about armedsharply increased. International journalistsand media were also targeted.368 Amnesty International Report 2017/18

clashes between state forces and PKK- Five representatives of the Progressiveaffiliated youths. Lawyers Association (ÇHD), which took onHUMAN RIGHTS DEFENDERS human rights cases and was closed byIn July, police raided a human rights emergency decree in 2016, were remandedworkshop on Büyükada Island near Istanbul, in pre-trial detention following policedetaining all 10 human rights defenders operations across the country. They had beenpresent, including two foreign nationals. accused of offences linked to the PKK or theEight, including Amnesty International Turkey Revolutionary People’s Liberation Party–FrontDirector İdil Eser, were held in pre-trial (DHKP-C), an armed group. In November,detention until a trial under trumped-up Selçuk Kozağaçlı, ÇHD’s national Chair, wascharges for “membership of a terrorist detained. He remained in pre-trial detentionorganization” based on their work as human at the end of the year.rights defenders began in October. The court ACTIVISTSalso decided to join the prosecution of Taner Activists were targeted for their criticism ofKılıç, Chair of Amnesty International Turkey. the authorities. Nuriye Gülmen and SemihDetained in June, Taner Kılıç stood accused Özakça were detained in May and remandedof “membership of FETÖ” on the grounds in custody on the basis of court orders citingthat he had downloaded onto his phone the their peaceful protests; they had been onByLock messaging application, said by the hunger strike since March in protest againstauthorities to be used for the group’s their arbitrary dismissal by a state ofcommunications. Despite two independent emergency decree. Semih Özakça wasforensic reports showing that he had not released in October, but Nuriye Gülmendownloaded the application, and without remained in detention until December whencredible evidence being presented by the she was convicted of membership of theprosecution, he remained in pre-trial DHKP-C, pending the outcome of an appeal.detention at the end of the year. Semih Özakça was acquitted of the same charge. Police routinely detained protesters In August, veteran human rights defender demanding their release.Murat Çelikkan was imprisoned following hisconviction for terrorist propaganda; this Over 70 Academics for Peace were indictedrelated to the 2016 solidarity action with the for making PKK propaganda following theirnow closed Özgür Gündem newspaper. He January 2016 petition calling for an end towas released on parole in October after military operations in the southeast of Turkey.serving two months of an 18-month prison The first trials began in December.sentence. A further 16 activists receivedsuspended sentences for taking part in the Activist Barbaros Şansal was remanded inaction, while prosecutions were continuing custody in January following posts he hadagainst 18. made on social media criticizing the government. He was convicted in June of In October, civil society leader Osman “denigrating the Turkish Nation” underKavala was detained and accused of Article 301 of the Penal Code and given a“attempting to overthrow the constitutional suspended sentence of six months and 20order” in connection with the 2016 coup days.attempt. At the end of the year, he was still inpre-trial detention without being indicted. FREEDOM OF ASSEMBLY In November, Raci Bilici, Deputy Chair of Public demonstrations dwindled as provincialthe national Human Rights Association (İHD) governors imposed arbitrary and blanketand Chair of its Diyarbakır branch, went on bans, citing powers under the state oftrial accused of membership of a terrorist emergency, and police used excessive forceorganization. More than 20 other İHD officials against the small number of individuals whowere being prosecuted for alleged terrorism- demonstrated despite the risks. The “Justicerelated offences. March” led by the main oppositionAmnesty International Report 2017/18 369

Republican People’s Party (CHP), which went In August, NGOs reported that soldiers andahead peacefully, provided a notable police officers beat at least 30 people in theexception to this trend. Traditional May Day village of Altınsu/Şapatan in Şırnak provincedemonstrations in Istanbul were held outside in southeast Turkey following a clash with thethe centre of the city, with the agreement of PKK in which two members of the securitythe major trade unions. forces died. Witnesses reported that villagers were taken out of their homes, arbitrarily The annual Istanbul Pride march was detained and beaten in the village square,banned for a third successive year on and that 10 of them were taken into policespurious security grounds. Police used custody. Images of the villagers’ injuriesunnecessary and excessive force, firing resulting from their beatings were shared onrubber bullets, and made arbitrary arrests, social media. A statement from thetargeting small groups of people attempting Governor’s office denied the allegations ofto celebrate Pride. In November, the torture, and maintained that news reportsauthorities in Ankara imposed an indefinite supporting the allegations were “terroristban on events organized by lesbian, gay, propaganda”.bisexual, transgender and intersex (LGBTI)solidarity organizations ahead of a planned IMPUNITYLGBTI-themed film festival which was due totake place in the city. Again, the authorities In the face of extreme political pressure,cited spurious security reasons. prosecutors and judges were even less inclined than in previous years to investigate In June and July, more than 200,000 alleged human rights violations by lawpeople took part in a 400km “Justice March” enforcement officials or bring to justice thosebetween Ankara and Istanbul. The march responsible. Intimidation of lawyers, includingwas announced following the conviction and detentions and the bringing of criminal casessentencing to 25 years’ imprisonment of CHP against them, further deterred lawyers fromparliamentarian Enis Berberoğlu; he had bringing criminal complaints. No progressbeen charged with espionage after passing was made to investigate pervasive allegationson to journalists a video that purportedly of human rights violations during round-the-showed the transfer of weapons to Syria in clock curfews in the southeast of TurkeyNational Intelligence Organization trucks. In during 2015 and 2016. More than five yearsOctober, his conviction was overturned on after Turkey’s ratification of the Istanbulappeal and a retrial ordered. Convention to Combat Violence against Women, its implementation remained flawed,TORTURE AND OTHER ILL-TREATMENT and reports of violence against women continued to rise.Instances of torture and other ill-treatment,especially in police custody, continued to be In April, the trial of a police officer accusedreported, although at a markedly lower level of killing Berkin Elvan began in Istanbul.than in the weeks following the July 2016 Berkin Elvan died of his injuries after beingcoup attempt. The Turkish authorities hit by a tear gas canister at the scene of acontinued to deny permission for the Gezi Park protest in June 2013. TheEuropean Committee for the Prevention of investigation had been severely delayed byTorture to publish its report on torture the failure to obtain CCTV footage from theallegations following the coup attempt. There scene.was no effective national preventivemechanism with a mandate for monitoring More than two years after the fatal shootingplaces of detention. There were no available on 28 November 2015 of Tahir Elçi, humanstatistics regarding investigations into rights lawyer and Chair of the Diyarbakır Barallegations of torture. There was no evidence Association, no suspects had been identified.that allegations of torture were being Delays or failure to obtain CCTV footageeffectively investigated. continued to hamper the investigation.370 Amnesty International Report 2017/18

In July, the government submitted than 100 of the reported 100,000 appealsinformation in regard to 34 cases brought to submitted to it. There was widespreadthe European Court of Human Rights; these criticism that the Commission lacked thecases involved alleged violations of the right necessary independence and capacity toto life, prohibition of torture and the right to carry out the task. In June, rejecting theliberty and security in the southeast of Turkey Köksal v. Turkey application as inadmissible,during the curfews in 2015 and 2016. the European Court of Human Rights ruled that there was no reason to believe that the The organization We Will Stop Femicide Commission would not be an effectivereported that murders of women were remedy. The decision of the Court left theincreasing, while media attention to such door open to a future reassessment by thecases declined. It reported that 392 women Court of the effectiveness of the Commission.had been killed in the year up to 25November. INTERNALLY DISPLACED PEOPLEABUSES BY ARMED GROUPS Many of the estimated 500,000 people displaced from their homes in areas underAbuses by armed groups continued, although the curfews across the southeast of Turkey inthe number of indiscriminate attacks, and 2015 and 2016 lacked access to adequateattacks targeting the general population, was housing and livelihoods. Many were unable tolower than in recent years. return to their homes that had been destroyed during or after military operations In January, 39 people were killed and over during which state security forces clashed70 injured after a gunman opened fire in a with armed individuals affiliated to the PKK.popular nightclub in Istanbul. The armed The authorities lacked a comprehensive plangroup Islamic State (IS) claimed responsibility as to how the residents would be able tofor the attack. return to their homes. Also in January, two people were killed and In the Sur district of Diyarbakır, residents10 injured by attackers targeting the İzmir who had already been displaced from theirCourthouse. The Kurdistan Freedom homes during the curfew lost their homes aFalcons (TAK), an offshoot of the PKK, second time when they were forcibly evictedclaimed responsibility for the attack. as part of a redevelopment scheme affecting the whole district. In May, hundreds of In June, the PKK claimed responsibility for residents had their water and electricitythe killing of Necmettin Yılmaz, a teacher, supplies cut off in an apparent attempt toafter his kidnapping from the province of force them out.Tunceli/Dersim in southeast Turkey. REFUGEES AND ASYLUM-SEEKERSSUMMARY DISMISSALS Turkey continued to host one of the world’sUnder emergency decrees, public sector largest refugee populations, with overworkers continued to face summary dismissal 3,300,000 registered Syrian refugees alone.for alleged unspecified links to terrorist Despite new initiatives to improve thegroups. Nearly 20,000 workers were situation of refugees, many faced insufficientdismissed during the course of the year, access to livelihoods, housing, health care,bringing the total number since July 2016 to and education for their children. Except for107,000. Many workers were effectively Syrians, refugees did not have access to fairprevented from continuing their professions, and efficient procedures for theand struggled to find other jobs after being determination of their status. There werebranded “terrorists” as a result of their continued reports of forced returns ofdismissal. In January, the authorities refugees and asylum-seekers, including toannounced a seven-person appeal Syria. International humanitarian NGOsCommission to assess the dismissals. TheCommission was not established until July,and at the end of the year had ruled on fewerAmnesty International Report 2017/18 371

working with refugees found their work in LEGAL, CONSTITUTIONAL ORTurkey was increasingly impeded as the INSTITUTIONAL DEVELOPMENTSauthorities placed restrictions on, and insome cases withdrew, permission for them to In March, the Parliament elected the firstwork in the country. Human Rights Commissioner (Ombudsperson) from a list provided by the Collective forced expulsions of Syrian and President, calling into question theIraqi refugees and asylum-seekers to their independence of the institution and itsrespective countries of origin from the compliance with the UN Principles relating toRemoval Centre in Van, eastern Turkey, were the Status of National Institutions.reported to have taken place during the finaldays of May and early June. According to FREEDOM OF EXPRESSIONreports, around 200 Iraqis and around 300Syrians were forcibly returned after officials There was no independent media and theforced individuals to sign forms agreeing to few independent journalists – typically“voluntary return”. working in secret for outlets based abroad – faced harassment and arrest.TURKMENISTAN On 15 February, independent journalistTurkmenistan Khudayberdy Allashov and his motherHead of state and government: Gurbanguly Kurbantach Arazmedova were released, afterBerdymukhamedov being given three-year conditional sentences for possessing chewing tobacco. They hadThe right to freedom of expression remained been in detention since 3 December 2016;severely restricted. Torture and other ill- there were allegations that they had beentreatment was committed in pre-trial subjected to torture and other ill-treatment.detention and prisons, sometimes resultingin death. There was no attempt to address In March, the EU and the OSCE called forenforced disappearances and the immediate release of freelance journalistincommunicado detention. The right to Saparmamed Nepeskuliev who washousing was widely violated. Consensual sentenced to three years’ imprisonment insame-sex relations between men remained a 2015 on drug charges. He was believed to becriminal offence. suffering from life-threatening health conditions.BACKGROUND In April, the UN Human Rights CommitteeIn February, President Berdymukhamedov expressed concern over, among other things,was re-elected for a further seven-year term the absence of an independent media,with 98% of the vote; the OSCE Election undue restrictions on access to the internet,Assessment Mission found “serious and the use of politically motivated chargesirregularities”. The economic crisis in the against journalists and others expressingcountry deepened, and in June the President criticism of the government.asked the Parliament to prepare an austerityproposal to cut benefits, including free gas TORTURE AND OTHER ILL-TREATMENTand electricity supplies. There were reportsthat employees in state-run enterprises were In January, the UN Committee againstnot receiving their salaries; and there were Torture noted its concern at “consistentshortages of cash. allegations of widespread torture and ill- treatment, including severe beatings, of persons deprived of their liberty, especially at the moment of apprehension and during pre- trial detention, mainly in order to extract confessions”. In February, 18 men were convicted under various articles of the Criminal Code and sentenced to between five and 12 years’372 Amnesty International Report 2017/18

imprisonment for their suspected links to RIGHT TO HOUSING AND FORCEDTurkmen-Turkish schools understood to have EVICTIONSbeen previously affiliated to Fethullah Gülen.The men were allegedly tortured and held in Reports continued of mass house demolitionsinhumane conditions in pre-trial detention. A and forced evictions in connection with19th man detained at the same time was construction and development projects,thought to have died as a result of torture. including those implemented in preparationThe trial held at the pre-trial detention centre for the Asian Indoor and Martial Arts Gamesin the town of Yashlyk, Ahal Province, that were held in September. On 21 February,reportedly fell far short of international a group of women gathered in Ashgabat tostandards of fairness. demand the alternative housing that they had been denied due to the lack ofDEATHS IN CUSTODY documentation confirming ownership of their demolished homes. The authorities had notAlternative Turkmenistan News reported that issued them with such documents becauseon 24 June the body of Aziz Gafurov was many of the women were not registered indelivered to his family in the village of Ashgabat.Urgendzhi, near Turkmenabat. An eyewitnessdescribed the body as emaciated and RIGHTS OF LESBIAN, GAY, BISEXUAL,covered in bruises. Aziz Gafurov was one of TRANSGENDER AND INTERSEX PEOPLEdozens of practising Muslims who weresentenced in recent years for conspiracy to Consensual same-sex relations between menoverthrow the state, violent calls to overthrow remained a criminal offence punishable bythe constitutional order, and incitement of up to two years’ imprisonment. LGBTI peoplesocial, national and religious enmity. were subjected to discrimination including violence, arbitrary arrests and detention.ENFORCED DISAPPEARANCES UGANDAThe fate and whereabouts of at least 80 Republic of Ugandaprisoners subjected to enforced Head of state and government: Yoweri Kagutadisappearance after an alleged assassination Museveniattempt on then President SaparmuratNiyazov in November 2002 remained The rights to freedom of expression,unclarified. association and assembly were restricted. Journalists and others who criticized the The bodies of three former senior state President or his family were arrested,officials, who were forcibly disappeared detained and harassed. There was a sharpfollowing their arrest and criminal prosecution rise in the number of women killed, some ofin connection with the assassination attempt, whom were subjected to sexual violence.were delivered to their relatives in the course The government said it would investigateof the year. Tirkish Tyrmyev reportedly died and prosecute those responsible. Drafton 13 January; Bairam Khasanov died in constitutional amendments to the land lawsMay; and on 18 August, the Russian NGO gave the government authority toHuman Rights Centre Memorial reported that expropriate private land. Uganda hosted theAkmurad Redzhepov had died on 10 August. largest number of refugees in the region, including over 1 million from South Sudan. On 26 January, the EU Delegation to theInternational Organizations in Vienna FREEDOM OF EXPRESSIONpublished a statement expressing concernabout Tirkish Tyrmyev’s death and called on On 19 March, immigration officials atTurkmenistan to immediately and effectively Entebbe International Airport preventedaddress and eradicate enforceddisappearances.Amnesty International Report 2017/18 373

academic Stella Nyanzi from boarding a flight charged in connection with these allegationsto the Netherlands to attend a conference. under Section 27A of the Police Act.This followed her criticism of the Presidentand his wife, the Education Minister, for the On 24 November, after Red Peppergovernment’s failure to fulfil a 2015 published an article alleging that thecommitment to provide sanitary towels in President was involved in a plot to overthrowgirls’ schools. Rwanda’s President, the police searched the newspaper’s office including computers and On 8 April, police arrested Stella Nyanzi for mobile phones, and closed it down. At theinsulting President Museveni on social same time, they arrested Arinaitwe Rugyendomedia. She was charged under the Computer and other members of staff Richard Kintu,Misuse Act of 2011 and detained for 33 days James Mujuni, Patrick Mugumya, Richardin Luzira Maximum Security Prison in the Tusiime, Johnson Musinguzi, Ben Byarabahacapital, Kampala, before being released on and Francis Tumusiime. They remained inbail. The charges against her were later detention at the end of the year.dropped. FREEDOM OF ASSOCIATION On 8 April, Nation TV journalist GertrudeTumusiime Uwitware was abducted, On 2 and 20 September, approximately 20blindfolded and interrogated by unknown police officers and security officials raidedassailants for several hours, after she had ActionAid Uganda’s offices in Kansanga, anposted her support for Stella Nyanzi on social area of Kampala, preventing staff frommedia. The spokesperson for the Kampala leaving the premises for several hours. TheMetropolitan Police promised to investigate police warrant stated that ActionAid wasthe incident but there was no further being investigated for “illicit transfers of fundsinformation on its progress by the end of the to support unlawful activities”. The policeyear. removed documents and confiscated the organization’s laptops and mobile phones On 27 September, the Ugandan belonging to staff members. On 9 October,Communications Commission threatened to the Bank of Uganda froze ActionAid’s bankrevoke or suspend licences of media outlets accounts. On 13 October, the NGO Bureau,which broadcast live parliamentary debates under the Ministry of Internal Affairs, sent aon a proposed constitutional amendment to letter to 25 development NGOs demandingremove the presidential age limit of 75 which their bank account details.was passed by Parliament in December and,according to the government, became law in On 20 September, police raided the Greatthe same month. The Commission said that Lakes Institute for Strategic Studies officessuch broadcasts promoted a “culture of with a warrant to search computers andviolence”. The opposition viewed the mobile phones as well as financial andamendment as a means to enable President banking documents. The raid came after theMuseveni to stand for re-election in 2021. He organization’s executive director, Godberhad already been in power for 31 years. Tumushabe, spoke against the proposal to lift the presidential age limit. On 10 October, the police summonededitors Arinaitwe Rugyendo of the Red VIOLENCE AGAINST WOMEN AND GIRLSPepper newspaper and the online DailyMonitor, and Charles Bichachi of the Nation According to the police, 28 women wereMedia Group which owns the Daily Monitor, killed in Entebbe town in Wakiso District. Theabout stories they published on the age limit media reported that a man had confessed todebate. Police questioned them after an MP, killing eight of the women on the orders of awho was leading on moves to remove the age local businessman. In a public statement onlimit, filed a complaint claiming that the 3 September the police spokesperson saidstories tarnished his reputation. They were that four categories of murder had been identified and that 13 people had been374 Amnesty International Report 2017/18

arrested and charged in connection with the government said it would increase doctors’28 killings. Twelve of the victims had been salaries only after the outcome of a salaryraped or sexually assaulted before they were review conducted by a commission set up bykilled; four of them were killed by their the President to review salaries of all civilhusbands or partners; one woman was killed servants.by her two brothers in what the policeclassified as a revenge killing; the other cases REFUGEES AND ASYLUM-SEEKERSwere described as “ritual murders”. As of 10 November, Uganda hosted around The body of one of the victims, Rose 1,379,768 refugees and asylum-seekers.Nakimuli, was discovered on 24 July in a Some 1,037,359 were from South Sudan,banana plantation in Wakiso District. 348,782 having arrived between January and September; 61% of them were children,RIGHT TO HOUSING AND FORCED mostly unaccompanied or separated fromEVICTIONS their parents. Around 236,572 of the refugees were from the Democratic RepublicIn July, the government tabled a bill to of the Congo (DRC); 39,041 were fromamend Article 26(2) of the Constitution. This Burundi (see Burundi entry); 35,373 werewould allow compulsory acquisition by the from Somalia; and the rest were from variousgovernment of private land for infrastructure other countries.projects without providing prompt, prior andfair compensation to the owners, and Asylum-seekers from South Sudan and thepotentially while negotiations on DRC were granted prima facie refugee status,compensation were pending. and those of other nationalities underwent an individual refugee status determination Under existing law, the government can process conducted by the Refugee Eligibilityacquire private land only after the payment of Committee. The government had revoked the“fair and adequate” compensation has been automatic refugee status for Burundianmade. If the owner disputes the asylum-seekers in June.compensation amount, a High Court canblock the government from acquiring the Under the 2006 Refugee Act and the 2010land until a resolution is reached. If passed, Refugee Regulations, refugees were allowedthe new law would increase the risk of forced relative freedom of movement, equal accessevictions and undermine the ability of those to basic services, such as primary educationfacing eviction to participate in consultations and health care, and the right to work andover acquisitions. It would also frustrate establish a business.transparent and fair negotiations oncompensation, and the possibility of appeal. In May, the World Food Programme wasMarginalized groups, including people living forced to cut cereal rations by half for overin poverty, and in rural areas, would be 800,000 South Sudanese refugees.particularly affected. Appeals for funding from internationalRIGHT TO HEALTH donors to address the regional refugee crisis failed to secure adequate funds. This provedOn 10 October, the doctors’ union Uganda to be the most significant challenge toMedical Association (UMA) declared an Uganda’s refugee response. In June, theindefinite strike protesting against low salaries Uganda Solidarity Summit on Refugees hadand shortages of essential supplies. However, rallied for international support, but as ofthey continued to provide services to November 2017, the South Sudan Refugeechildren, pregnant women and emergency Response Plan (a joint government/UNHCRaccident victims. initiative) secured only 68% of the funds needed; and the Burundi Refugee Response President Museveni said the strike was Plan secured only 20%.illegal and ordered the doctors to return towork or face disciplinary action. The In October, there was a temporary 50% reduction in food assistance to refugees dueAmnesty International Report 2017/18 375

to donors’ payment delays. The cuts led to a 2% growth for 2017, and urged furtherriots and protests by refugees in Nyumanzi reforms. On 14 June, the EU lifted its visasettlement in Adjumani district. requirements for Ukrainian citizens. The government adopted wide-ranging medicalUKRAINE and educational reforms, which for the first time included human rights as part of theUkraine future school curriculum.Head of state: Petro PoroshenkoHead of government: Volodymyr Hroysman In eastern Ukraine, the separatist and government forces continued fighting, inThe investigation into the Security Service violation of the 2015 ceasefire agreement.of Ukraine (SBU) for its alleged secret Casualties among the forces and civiliansprisons failed to make any progress. Law continued to grow, and according to the UNenforcement officials continued to use had reached 10,225 dead by 15 August,torture and other ill-treatment. including 2,505 civilians. On 27 December,The Ukrainian authorities increased the two sides exchanged prisoners, releasingpressure on their critics and independent a total of 380 people.NGOs, including journalists and anti-corruption activists. The authorities According to the September report of thelaunched criminal investigations and UN Monitoring Mission in Ukraine,passed laws aimed at restricting the rights “increased levels of poverty andto freedom of expression and freedom of unemployment coupled with record-high foodassociation, among other things. prices have affected the lives of 3.8 millionThe de facto authorities in the separatist- people in the conflict-affected zones, incontrolled territories continued to addition to daily hardships caused by theunlawfully detain and imprison their critics. armed hostilities and related policies imposedIn November, the de facto Supreme Court by all sides.” Laws introduced in previousin Donetsk ordered a man to be put to years further impeded access to social rightsdeath. In Russian-occupied Crimea, critics and pensions for people living in the conflict-of the authorities faced intimidation, affected areas.harassment and criminal prosecution.The LGBTI Pride march was held in the Crimea remained under Russiancapital Kyiv, under effective police occupation. Russia continued to denyprotection. The number of attacks on LGBTI international human rights mechanismsevents rose across the country. The access to the peninsula.government failed to adequately addresssexual and domestic violence. The TORTURE AND OTHER ILL-TREATMENTauthorities announced that Ukraine wasfreezing all arms supplies to South Sudan. Members of law enforcement agencies continued to use torture and other ill-BACKGROUND treatment, and committed other human rights violations; there was continuedSocial discontent continued to grow. impunity for past and ongoing violations ofMounting economic problems, the slow pace international humanitarian law.of reforms and pervasive corruption sparkedregular protests in Kyiv that occasionally On 15 August, the SBU apprehended Dariaturned violent. Some of the protests brought Mastikasheva, a Ukrainian citizen resident intogether several hundred people. In April, the Russia who was visiting her mother inWorld Bank reported that the Ukrainian Ukraine, and held her incommunicado foreconomy had stopped contracting, projected two days. She was accused of treason and illegal weapons possession. Photos taken by her lawyer of her outside the court showed signs of beatings and possible torture by SBU officers. Her lawyer also reported that she was issued with threats targeting her mother376 Amnesty International Report 2017/18

and son, until she agreed to read out a self- Luhansk People’s Republic (LNR) in easternincriminating statement on camera. At the Ukraine.end of the year she was still in detentionawaiting trial. The de facto authorities in the DNR and LNR continued to detain and imprison critics On 16 November, the head of the State and individuals suspected of supportingInvestigation Bureau (SIB), a stand-alone Ukraine. On 4 May, a de facto court inagency created to undertake investigations Donetsk sentenced well-known academicindependently of other law enforcement Ihor Kozlovsky to two years and eight monthsagencies, was finally appointed. However, the in prison under trumped-up charges ofSIB was still not fully staffed and unable to weapons possession. Ihor Kozlovsky hadbegin its work by the end of the year. been in detention since January 2016 andCONFLICT-RELATED SEXUAL VIOLENCE was released on 27 December 2017 in aIn a report published in February, the UN prisoner exchange.Human Rights Monitoring Mission to Ukrainedocumented cases of conflict-related sexual On 31 January, Russian activists andviolence, and criticized Ukraine’s justice performance artists Seroe Fioletovoe andsystem for failing its survivors and highlighted Viktoriya Miroshnichenko were held ina lack of adequate care and counselling. The incommunicado detention for two weeks aftermajority of the documented cases concerned crossing into the DNR-controlled territory.sexual violence against men and women who Following an international campaign for theirhad been detained by government forces or release on 14 February, the de facto Ministryarmed groups. of State Security (MGB) escorted them to the Russian border and released them.DETENTION On 2 June, freelance journalist StanislavThe Chief Military Prosecutor’s investigation Aseev, who had been reporting anonymouslyinto the allegations of secret detention by the from the DNR, was subjected to enforcedSBU in eastern Ukraine was ineffective. disappearance in Donetsk. For weeks, the deEvidence published in 2016 by international facto authorities denied that they wereNGOs showing the existence of this practice holding him; on 16 July, a member of thewas largely ignored by the authorities. MGB told his mother that her son was in theirDETENTIONS OF CIVILIANS IN THE CONFLICT ZONE custody and accused of espionage. StanislavOn 27 April, the UN Subcommittee on Aseev remained in detention and underPrevention of Torture (SPT) published its investigation at the end of the year.report on its 2016 visit to Ukraine. The reportnoted that the SBU had obstructed the SPT’s FREEDOM OF ASSOCIATIONmandate by denying it access to somefacilities, forcing it to suspend a visit in May Civil society activists and members of NGOs,2016. When the SPT resumed the visit in particularly those working on corruption, wereSeptember, it “was left with the clear regularly harassed and subjected to violence.impression that some rooms and spaces had These incidents were often not effectivelybeen cleared in order to suggest that they investigated, and members of the authorities,had not been used for detention”. The including security services in some instances,facilities in question, particularly in the city were widely suspected to have instigatedKharkiv, had allegedly been used as secret them.prisons, and their inmates moved to anotherunofficial facility before it was opened to A law adopted in March obliged anti-visitors.1 The SPT was denied any access to corruption activists, including members ofdetention facilities in the territories controlled NGOs and journalists, to file annual incomeby the self-proclaimed, Russian-backed declarations – something that state officialsDonetsk People’s Republic (DNR) and have to do – or face criminal charges and imprisonment. In July, the Presidential Administration proposed two draft laws that sought toAmnesty International Report 2017/18 377

impose onerous and intrusive public financial searched in a fraud investigation. Both newsreporting on NGOs whose annual budget outlets were known for their critical reportingexceeded 300 times the so-called “living on the Ukrainian authorities and their policiesminimum” – defined in law and regularly in the conflict-affected Donbass region.reviewed, as UAH1,700 (USD63) at the endof the year. NGOs were also required to In three separate instances in August, thepublicly report on all payments made to SBU expelled four international journalists,members of staff or consultants. Non- two Spanish and two Russian, for “harmingcompliance carried severe penalties, Ukraine’s national interests“ and barred themincluding the loss of the non-profit status and from returning to Ukraine for three years. Thefreezing of accounts. The two draft laws were SBU spokesperson Olena Gitlyanska accusedunder consideration in the Ukrainian the Russian journalist Anna Kurbatova,Parliament at the end of the year. expelled on 30 August, of producing material “harmful to Ukraine’s national interest” and On 11 October, tax police raided the offices warned that this would happen to everyoneof Patients of Ukraine, and the All-Ukrainian “who dares to disgrace Ukraine”. In October,Network of People Living with HIV/AIDS the SBU lifted the ban on the Spanish(PLWH), two NGOs known for exposing journalists entering Ukraine.questionable schemes in the state medicalprocurement system. The authorities alleged Also in August, the SBU arrested freelancethat the NGOs had misused their journalist Vasily Muravitsky from the city ofinternational funding – despite their having Zhytomyr. He had contributed to a number ofpassed independent financial audit – and, Russian media. The SBU accused him ofaccording to court documents, accused them preparing and distributing “anti-Ukrainian”of “supporting terrorism” by funding partner materials on orders from Moscow. Ifpatient organizations in Crimea. convicted, he could face up to 15 years in jail. Vasily Muravitsky was in pre-trialFREEDOM OF EXPRESSION detention at the end of the year.The investigations into the killings of RIGHTS OF LESBIAN, GAY, BISEXUAL,journalists Oles Buzina in 2015, and Pavel TRANSGENDER AND INTERSEX PEOPLESheremet in 2016, had yielded no results.The authorities continued their attempts to On 18 June, thousands joined the biggestlimit the right to freedom of expression by march yet of Equality, the annual LGBTIinstigating trumped-up criminal cases against Pride demonstration, in Kyiv, as well asjournalists who criticized the government over several dozen counter-protests. Policeits failure to implement reforms and its provided effective protection from thosepolicies in eastern Ukraine. On 7 June, the protesting against the march and noSupreme Special Court of Ukraine overturned incidents were reported during the rally. Afterthe July 2016 decision by a court of appeal to the march, members of far-right groupsacquit prisoner of conscience Ruslan attacked and beat several participants.Kotsaba, a journalist who had been Overall, the number of violent attacks againstprosecuted for treason and harming LGBTI people rose in 2017. In September, aUkraine’s armed forces after he had criticized group of right-wing protesters severely beat athe conflict in eastern Ukraine. number of participants of an LGBTI festival in the city of Zapporizhhya. In June, the office of the online newspaperStrana.ua was searched as part of an VIOLENCE AGAINST WOMEN AND GIRLSinvestigation into an alleged disclosure ofstate secrets, followed in August by searches Parliament had still not ratified the Council ofat the homes of its editor-in-chief Ihor Guzhva Europe Convention on preventing andand another journalist. In July, the office of combating violence against women andthe media holding company Vesti was domestic violence (Istanbul Convention), which it signed in 2011.378 Amnesty International Report 2017/18

CRIMEA ARMS TRADEThe clampdown on the rights to freedom of On 28 September, the Secretary of theexpression, association and assembly National Security and Defence Council,continued in Crimea. The authorities Oleksandr Turchinov, announced thatcontinued to predominantly target ethnic Ukrainian state companies had decided toCrimean Tatars. The arbitrary ban on the freeze arms transfers to South Sudan. TheMejlis of the Crimean Tatar People, a self- announcement came days after Amnestygoverning body representing the ethnic International published a report whichCrimean Tatars, continued. The Russian included contract documents and end-userSecurity Services raided dozens of Crimean certificates listing the Ukrainian state-ownedTatar homes, purportedly looking for illegal arms exporter Ukrinmash as the prospectiveweapons, drugs or “extremist” literature, as supplier of USD169 million worth of smallpart of their campaign to intimidate critics of arms and light weapons to the Souththe peninsula’s occupation. The few lawyers Sudanese Ministry of Defence.2 In responsewilling to take up cases in defence of critical to the report, the State Service of Exportvoices in Crimea faced harassment by the Control issued a statement saying that theRussian authorities. contract in question had not been executed, and that no weapons had been shipped from On 26 January, lawyer Emil Kurbedinov was Ukraine to South Sudan. In previous years,arrested and sentenced by a de facto court in Ukraine had consistently reported exports ofthe Crimean capital, Simferopol, to 10 days of small arms, light weapons and majoradministrative detention. He was accused of weapons to the government of South Sudan.violating Russian anti-extremist legislationwith a social media post predating the Ukraine had not yet ratified the Arms TradeRussian occupation of Crimea. In the post, Treaty, which it signed in September 2014.he had shared a video about a protest heldby the Muslim organization Hizb ut-Tahrir, 1. Put an end to impunity for detention-related abuses in the context ofwhich is banned in Russia but not in the armed conflict in Ukraine (EUR 50/5558/2017)Ukraine. On 8 August, police in Simferopolused excessive force and arrested Server 2. From London to Juba, a UK-registered company’s role in one of theKarametov for holding a placard outside the largest arms deals to South Sudan (ACT 30/7115/2017)Crimean Supreme Court to protest atreprisals against Crimean Tatars. He was UNITED ARABsentenced to 10 days in prison. On 22 EMIRATESSeptember, Ukrainian journalist MykolaSemena was convicted for “threatening [the] United Arab Emiratesterritorial integrity of the Russian Federation” Head of state: Sheikh Khalifa bin Zayed Al Nahyanin his publications and given a two-and-a- Head of government: Sheikh Mohammed bin Rashed Alhalf-year conditional sentence and a three- Maktoumyear ban on participating in “publicactivities”. In September, Crimean Tatar The authorities continued to arbitrarilyleaders Akhtem Chiygoz and Ilmi Umerov restrict freedoms of expression andwere given jail terms for their peaceful association, using criminal defamation andactivism. On 25 October, both were flown to anti-terrorism laws to detain, prosecute,Turkey and released, without an official convict and imprison government criticsexplanation. Akhtem Chiygoz had spent 34 and a prominent human rights defender.months in detention, and Ilmi Umerov had Scores of people, including prisoners ofbeen forcibly held in a psychiatric institution conscience, who were sentenced followingsince August or September 2016. Both were unfair trials remained in prison. Authoritiesprisoners of conscience. held detainees in conditions that couldAmnesty International Report 2017/18 379

amount to torture and failed to investigate In March, the government announced theallegations of torture made in previous creation of the Federal Public Prosecution foryears. Women continued to face Information Technology Crimes, whosediscrimination in law and in practice. mandate to investigate and prosecute crimesMigrant workers remained vulnerable to included peaceful expression. In August,exploitation and abuse. Courts continued to authorities in Dubai imposed a one-monthhand down death sentences; there was one suspension of the news website Arabianexecution. Business for publication of “false information” regarding unsuccessful realBACKGROUND estate projects.The United Arab Emirates (UAE) remained Also in March, leading human rightspart of the Saudi Arabia-led international defender Ahmed Mansoor was arrested. Hecoalition engaged in armed conflict in Yemen. had had no access to a lawyer by the end ofAlong with Saudi Arabia, the UAE trained, the year. He was held in solitary confinementfunded and supported forces in Yemen, and, except for two family visits, insome of which were under its direct report. incommunicado detention, in violation of theThese forces engaged in arbitrary and illegal prohibition of torture and other ill-treatment.detention practices, including in Aden wherethey perpetrated a campaign of arbitrary Also in March, the Federal Appeal Court indetention and enforced disappearances (see the capital, Abu Dhabi, upheld the 10-yearYemen entry). The UAE joined Saudi Arabia, prison sentence of Dr Nasser Bin Ghaith, aBahrain and Egypt in severing ties with Qatar prisoner of conscience. He was arbitrarily(see Qatar entry). detained in 2015 and stated during his trial that he had been tortured. In April, he went In September, the UN CERD Committee on hunger strike to protest against not beingreiterated its call on the UAE to establish a permitted to see the verdict of the appealnational human rights institution, in line with court or meet with his lawyer.the Paris Principles. The authorities rejectedor took no action on statements and In June, UAE’s Attorney General announcedrecommendations from UN human rights that anyone expressing sympathy with Qatarbodies, including those issued jointly by could face up to 15 years’ imprisonment andspecial procedures, the High Commissioner fines. In July, Ghanim Abdallah Matar wasfor Human Rights and the Working Group on detained for a video he posted online inArbitrary Detention. which he expressed sympathy towards the people of Qatar. In June, a Belgian court convicted in theirabsence eight women from Abu Dhabi’s The Federal Supreme Court upheld theruling Al Nahyan family of trafficking in three years’ imprisonment, a fine ofpersons and of the degrading treatment of up Dh500,000 (USD136,135) and deportationto 23 women domestic workers. sentence against Jordanian journalist and prisoner of conscience Tayseer al-Najjar. HeFREEDOMS OF EXPRESSION AND had been detained since December 2015 forASSOCIATION Facebook posts deemed “damaging [to] the reputation and prestige of the Emirati state”.Authorities continued to arbitrarily restrictfreedoms of expression and association, Human rights defender and prisoner ofusing the Penal Code and anti-terrorism and conscience Dr Mohammad al-Rokencybercrime laws that criminalized peaceful remained in prison, serving a 10-yearcriticism of state policies or officials. At least sentence imposed after an unfair mass trial13 people were arrested or tried on such in 2013 (known as the “UAE 94” trial). Ingrounds. In Dubai, two men were arrested for May, he was awarded the Ludovic Trarieux“dressing in a feminine way”, in violation of International Human Rights Prize.their right to freedom of expression.380 Amnesty International Report 2017/18

TORTURE AND OTHER ILL-TREATMENT its terms, and stipulated that disputes would be adjudicated by specialized tribunals asReports of torture and other ill-treatment, well as by courts. However, workers remainedincluding denial of medical care to detainees, vulnerable to employers accusing them ofremained common. No independent overly broad and vague crimes such asinvestigations were carried out into detainees’ “failing to protect their employer’s secrets”,allegations of torture. which carry fines of up to Dh100,000 (USD27,225) or a six-month prison sentence. In May, detainees in al-Razeen Prison inAbu Dhabi, including Imran al-Radwan, In September the UN CERD Committeeundertook a hunger strike to protest against expressed concern over the lack ofenforced strip searches, alleged sexual monitoring and enforcement of measures toharassment and other ill-treatment by prison protect migrant workers, and over barriersguards. faced by migrant workers in accessing justice, such as their unwillingness to submitJUSTICE SYSTEM complaints for fear of adverse repercussions.The authorities refused to release at least five DEATH PENALTYprisoners on completion of their sentence,including Osama al-Najjar, a prisoner of Courts handed down death sentences; oneconscience arrested in 2014. Prison execution was carried out on 23 November.authorities at al-Razeen Prison, where thoseconvicted in the UAE 94 case were detained, UNITED KINGDOMroutinely harassed family members andprevented them from visiting their imprisoned United Kingdom of Great Britain and Northern Irelandrelatives. Head of state: Queen Elizabeth II Head of government: Theresa MayWOMEN’S RIGHTS Women in Northern Ireland continued toWomen remained subject to discrimination in face significant restrictions on access tolaw and in practice, notably in matters of abortion. Counter-terrorism laws continuedmarriage and divorce, inheritance and child to restrict rights. Full accountability forcustody. They were inadequately protected torture allegations against UK intelligenceagainst sexual violence and violence within agencies and armed forces remainedthe family. unrealized.WORKER’S RIGHTS – MIGRANT LEGAL, CONSTITUTIONAL ORWORKERS INSTITUTIONAL DEVELOPMENTSMigrant workers, who comprised the vast In March, the Prime Minister triggered Articlemajority of the private workforce, continued 50 of the Treaty on the European Union,to face exploitation and abuse. They officially starting the withdrawal by the UKremained tied to employers under the kafala from the EU (Brexit). In July, the EUsponsorship system and were denied (Withdrawal) Bill received its first reading incollective bargaining rights. Trade unions the House of Commons. The Bill threatenedremained banned and migrant workers who to significantly reduce existing human rightsengaged in strike action faced deportation protections. It excluded both the EU Charterand a one-year ban on returning to the UAE. of Fundamental Rights (in its entirety) and the right of action for violations of EU General In September, Federal Law No.10 of 2017 Principles from domestic law after the UK’scame into effect, limiting working hours and withdrawal. It also handed sweeping powersproviding for weekly leave and 30 days’ paid to ministers to alter legislation withoutannual leave as well as the right to retainpersonal documents. The law appeared toenable employees to end their contract ofemployment if the employer violated any ofAmnesty International Report 2017/18 381

appropriate parliamentary scrutiny, placing imprisonment. Similar uplifts to discretionarycurrent rights and equality laws at risk. sentences were also proposed to the offence of eliciting information about the armedJUSTICE SYSTEM forces.In January, the government committed itself In September, Muhammed Rabbani,to completing the post-implementation review Director of the advocacy group CAGE, wasof the Legal Aid, Sentencing and Punishment convicted of “wilfully obstructing or seekingof Offenders Act 2012, by April 2018. Legal to frustrate an examination or search” underaid in civil cases had dropped drastically Schedule 7 of the Terrorism Act 2000. Hesince the Act was introduced. In October, an had refused to disclose the passwords for hisinternal post-legislative review memorandum laptop and phone to police at Heathrowwas published and plans for completion of Airport in London. By June, police hadthe review proper were announced for stopped 17,501 people under Schedule 7mid-2018. powers, which did not require any suspicion of wrongdoing. In July, Lady Hale was appointed the firstwoman president of the Supreme Court. TORTURE AND OTHER ILL-TREATMENTThere was only one other woman Justice atthe Court, and just 28% of all court judges TORTURE IN NORTHERN IRELANDwere women. Representation of ethnic The 2014 request by the Irish government tominorities among judges also remained a review the 1978 judgment in Ireland v. UK,concern; only 7% declared to be a member on torture techniques used in internment inof an ethnic minority. Northern Ireland in 1971-1972, remained pending before the European Court ofCOUNTER-TERROR AND SECURITY Human Rights (ECtHR). In October, the High Court in Northern Ireland quashed a decisionBetween March and June, 41 people were by the Police Service of Northern Ireland tokilled, including the attackers, and many end preliminary inquiries into torture of theothers injured in attacks in London, the 14 “Hooded Men”, who were abused while incapital, and Manchester. In June, the detention in Northern Ireland by the Britishgovernment announced that it would review army and the Royal Ulster Constabulary inits counter-terrorism strategy and commission 1971.an independent “assurance” of the internal RENDITIONreviews conducted by the Security Service In January, the Supreme Court issued a(MI5) and the police around the attacks. In judgment in the joined appeals in Belhaj andJune, plans for a “Commission for Countering Others v. Jack Straw andExtremism” were announced. Others and Rahmatullah v. Ministry of Defence and Another. It ruled that the In May, the UN Special Rapporteur on the government could not rely on the legalrights to freedom of peaceful assembly and of doctrines of “sovereign immunity” andassociation issued a report warning that the “foreign act of state” to escape civil claims ingovernment’s approach to “non-violent the two cases alleging UK involvement inextremism” risked violating both freedoms. human rights violations by foreign governments. The first case concerned In October, the government announced its allegations by former Libyan oppositionintention to propose amendments to Section leader Abdul-Hakim Belhaj and his wife58 of the Terrorism Act 2000 regarding the Fatima Boudchar that they had beencollection, recording or possession of subjected to rendition, torture and other ill-information likely to be useful to a person treatment in 2004 by the US and Libyancommitting or preparing an act of terrorism. governments, with the knowledge and co-The proposals sought to expand the scope of operation of UK officials. The second casethe offence to include repeated viewing orstreaming of online material, and makingsuch viewing punishable by up to 15 years’382 Amnesty International Report 2017/18

was brought by Yunus Rahmatullah, detained having acknowledged previously that thereby UK forces in Iraq in 2004 before being had been “collusion” in the case.handed over to US forces and allegedlytortured and imprisoned without charge for SEXUAL AND REPRODUCTIVE RIGHTSover 10 years.ARMED FORCES Abortion remained criminalized in NorthernAllegations of war crimes committed by UK Ireland in almost every circumstance.armed forces in Iraq between 2003 and 2008 Abortion was permitted only where the life orremained under preliminary examination by health of the woman or girl was at risk.the Office of the Prosecutor of the ICC. On 3 Women faced criminal prosecution for takingDecember, the Office declared that there was WHO-approved medication to inducea reasonable basis to believe that members abortions. To access abortions, 724 womenof the UK armed forces committed war from Northern Ireland travelled to Englandcrimes within the jurisdiction of the Court and Wales in 2016.against persons in their custody. Anadmissibility assessment was ongoing. In June, in the case of a 15-year-old girl who travelled to England for an abortion, and In April, the House of Commons Defence her mother, the Supreme Court ruled thatSelect Committee issued a report in which it women resident in Northern Ireland were notproposed to introduce a Statute of Limitations entitled to free abortions on the Nationalwith regard to alleged crimes committed by Health Service. In September, the threat ofBritish soldiers and other security forces prosecution against medical professionals inpersonnel in Northern Ireland before 1998. Northern Ireland who made abortion referrals to Great Britain was lifted.SURVEILLANCE The UK Supreme Court case challengingProceedings brought by Amnesty Northern Ireland’s abortion law was ongoing.International and other applicants were The case considered whether the lawpending before the ECtHR regarding the breached women’s rights by prohibitinglegality of the pre-Investigatory Powers Act, abortions in cases of rape or incest andmass surveillance regime and intelligence serious/fatal foetal impairment. A ruling wassharing practices. The judgment was pending expected in early 2018.at the end of the year. Arrangements for women resident inNORTHERN IRELAND – LEGACY ISSUES Northern Ireland to access free abortion services in England and Scotland wereIn January, the Historic Institutional Abuse confirmed in October and NovemberInquiry published findings from the respectively.investigation into 22 residential children’sinstitutions in Northern Ireland, covering the DISCRIMINATIONperiod from 1922 to 1995. It foundwidespread and systemic failings by the UK In January, the Scottish government set upand institutions in their duties towards the an independent review into hate crime lawschildren in their care. The government had in Scotland.not implemented any of therecommendations at the end of the year. Northern Ireland remained the only part of the UK to deny same-sex couples the right to The government continued to refuse marriage. In July, thousands of people tookfunding to implement plans by the Lord Chief part in a march in the city of Belfast callingJustice of Northern Ireland to address the for marriage equality.backlog of “legacy” coroners’ inquests. In September, an independent review into The government continued to refuse to ethnic minority individuals in the criminalestablish an independent public inquiry into justice system in England and Wales wasthe 1989 killing of Patrick Finucane, despite published. It found that ethnic minorities were disproportionately represented in prisons, with 25% of prisoners (despiteAmnesty International Report 2017/18 383

making up 14% of the population in the to exclude basic safeguards on taking,counties reviewed), and that 40% of young holding and using personal data for thepeople in custody were from ethnic minority purpose of “effective immigration control”.backgrounds. In October, the High Court ruled that the In August, the UN Committee on the Rights Home Office’s “Adults at Risk” policy on theof Persons with Disabilities severely criticized detention of victims of torture was unlawful.the UK for failing to ensure the rights ofpeople with disabilities with respect to, VIOLENCE AGAINST WOMEN AND GIRLSamong other things, education, employment,and an adequate standard of living and social In June, the Prime Minister announced plansprotection. for adopting a new Domestic Violence and Abuse Bill and appointing a DomesticRIGHT TO LIFE Violence and Abuse Commissioner. The government was yet to ratify the Council ofDuring the night of 13-14 June, at least 71 Europe Convention on Violence againstpeople died and dozens were injured in a fire Women and Domestic Violence (Istanbulat the Grenfell Tower social housing block in Convention), which it signed in 2012.London. In September, a public inquiry intothe cause of the fire, the emergency services’ Concerns remained about the impact ofand authorities’ responses, the building’s austerity-led cuts on funding for specialistconstruction and modifications, as well as the services for women who had experiencedadequacy of the regulatory framework began. domestic violence or abuse.The fire raised questions concerning theauthorities’ and private actors’ compliance ARMS TRADEwith their human rights obligations andresponsibilities including protection of the The UK continued to supply arms to Saudiright to life and guaranteeing an adequate Arabia despite ongoing serious violations ofstandard of living, including the right to international humanitarian law by the Saudiadequate housing. Arabia-led coalition in Yemen.REFUGEES’ AND MIGRANTS’ RIGHTS UNITED STATES OF AMERICAThe government continued to extendimmigration-related controls across public United States of Americaand private life, collecting children’s Head of state and government: Donald Trumpnationality and country of birth data from (replaced Barack Obama in January)schools and widening nationality andimmigration checks on access to free health Executive orders to suspend travel to thecare. USA from several Muslim-majority countries sparked legal challenges, which continued In July, the government ended its so-called through the year. There were major attacks“Dubs Amendment” scheme under which on the rights of women and girls. Eighteen480 unaccompanied refugee children who detainees were transferred from the USwere already in Europe were to be resettled in naval base at Guantánamo Bay, Cuba; 41the UK. No children were resettled in 2017, detainees remained at the base and pre-despite 280 local authority places available trial military commission proceedingsfor them. A legal challenge to the continued. Gun violence remained high.government’s limited implementation of the Death sentences were handed down andscheme, brought by the NGO Help Refugees, executions were carried out.was unsuccessful before the High Court andan appeal was lodged. In September, the government introduced aData Protection Bill that included a provision384 Amnesty International Report 2017/18

BACKGROUND could be applied to refugees being supported by resettlement agencies.On 20 January, Donald Trump was sworn inas President, following an election campaign A second revision of the order, signed on 24in which he made comments and promised September, indefinitely banned immigrationpolicies that were discriminatory or otherwise into the USA by nationals of seven countries:contradicted international human rights Chad, Iran, Libya, North Korea, Somalia,principles. Syria and Yemen. It also banned the issuance of certain types of non-immigrant visas toREFUGEES’ AND MIGRANTS’ RIGHTS nationals of Chad, Iran, Libya, North Korea, Syria and Yemen, and specifically barredA number of executive orders affecting visas for Venezuelan officials from certainmigrants, asylum-seekers and refugees were government agencies and their families. Onsigned by President Trump during the year. 17 October, federal judges in Hawaii andTwo orders dated 25 January called for a wall Maryland again ruled against the measure,to be built along the USA-Mexico border, blocking the government from enforcing it onallowed for refoulement (forcible return) and nationals from six of the countries. On 13the increased detention of asylum-seekers November, a federal appeals court paneland their families, increased the functions allowed the third ban to take effect for peopleand number of immigration and customs with no legitimate ties to the USA.enforcement agents, prioritized deportation ofmigrants, especially those suspected of On 24 October, President Trump issued ancrimes, and cancelled funding for “sanctuary executive order to resume USRAP “withcities” that did not co-operate with federal enhanced vetting procedures”. On 4authorities in apprehending irregular December the Supreme Court granted themigrants. administration’s request to temporarily allow the latest so-called “Muslim ban” to take full A third executive order signed on 27 effect as the case continued to be litigated.January banned entry of foreign nationalsfrom Iran, Iraq, Libya, Somalia, Sudan, Syria On 16 August, the federal Department ofand Yemen for 90 days, suspended the US Homeland Security terminated the CentralRefugee Admissions Program (USRAP) for American Minors programme. The120 days, reduced the number of refugees programme had allowed those under 21eligible for entry during the 2017 fiscal year years of age fleeing violence in El Salvador,from 110,000 to 50,000, and imposed an Guatemala and Honduras, whose parentsindefinite ban on the resettlement of refugees had regular status in the USA, to apply forfrom Syria. The order immediately led to refugee resettlement interviews beforechaos, protests and legal challenges on the travelling to the USA. Children from thosebasis of discrimination towards Muslims. A three countries who did not qualify forweek later a federal judge issued a refugee status and had no other means ofnationwide temporary injunction, which was reuniting with their parents had also beenupheld on appeal. The government issued a able to apply for entry under the programme.revised version of the order on 6 March,again suspending USRAP for 120 days, On 5 September, the governmentrepeating the limit of 50,000 refugees, and announced that it would end the Deferredimposing a 90-day ban on entry into the USA Action for Childhood Arrivals (DACA)of nationals of six countries (the original programme in six months if Congress did notseven minus Iraq). Federal judges in the find a legislative solution regarding thestates of Maryland and Hawaii issued immigration status of those protected by thenationwide injunctions temporarily blocking programme, placing more than 800,000its implementation. On 26 June, the Supreme individuals at risk of deportation. DACA’s aimCourt allowed a limited version of the order to was to protect from deportation migrant youthtake effect. The Court also ruled that the ban who came to the USA as children and met certain eligibility criteria. Congress introducedAmnesty International Report 2017/18 385

the DREAM Act to provide DACA discrimination against LGBTI people in statebeneficiaries with a means to obtain regular and federal law. Further discriminatorymigration status; it had not been passed into measures by the government against LGBTIlaw at the end of the year. people increased. The USA continued to lack federal protections banning discrimination on More than 17,000 unaccompanied children the grounds of sexual orientation and genderand 26,000 people travelling as families were identity in the workplace, housing or healthapprehended after irregularly crossing the care. Transgender people continued to beborder with Mexico between January and particularly marginalized. President Trump’sAugust. Families were detained for months, administration overturned guidelines thatmany without proper access to medical care protected transgender students in publicand legal counsel, while pursuing claims to schools who used facilities that correspondedremain in the USA. with their gender identity. In August, President Trump ordered a reversal in theWOMEN’S RIGHTS policy announced in 2016 to allow openly transgender individuals to enlist in theAttacks on the rights of women and girls were military, which had been due to take effect onbroad and multi-faceted. President Trump’s 1 January 2018. On 30 October, a federaladministration overturned policies that judge issued a preliminary injunctionrequired universities to investigate sexual blocking implementation of the directive. Inviolence as gender discrimination and December, a judge ruled that transgendersuspended equal pay initiatives that had people would be allowed to enlist in thehelped women to identify whether they were military from 1 January 2018, as legal casesbeing paid less than male colleagues. Attacks proceeded.on women’s reproductive health and rightswere particularly virulent. There were COUNTER-TERROR AND SECURITYrepeated efforts by the government andCongress to withdraw funding from Planned On 28 November, a federal jury inParenthood − a health organization providing Washington DC convicted Libyan nationalvital reproductive and other health services, Ahmed Abu Khatallah on terrorism chargesparticularly to women on low incomes. The relating to an attack on a US diplomaticgovernment issued rules exempting compound in Benghazi, Libya, in 2012 inemployers from providing health insurance which four US nationals were killed. The jurycoverage for contraception if it conflicted with acquitted him of murder. In August, thetheir religious or moral beliefs, putting judge had ruled that any statements made bymillions of women at risk of losing access to Ahmed Abu Khatallah while heldcontraception. Gross inequalities remained incommunicado for nearly two weeks onfor Indigenous women in accessing care board a US naval vessel after being seized byfollowing rape, including access to US forces in Libya could be admitted asexaminations, forensic evidence kits for use evidence. On 29 October, US forces seizedby medical staff, and other essential health another Libyan national, Mustafa al-Imam, incare services. The government also Libya. He was flown to the USA andintroduced the so-called “global gag rule”, appeared in federal court on 3 Novemberprohibiting any US financial assistance to any after five days’ incommunicado detention. Athospitals or organizations that provide the end of the year he was facing trial forinformation about, or access to, safe and terrorism offences in relation to the Benghazilegal abortion care. attack.RIGHTS OF LESBIAN, GAY, BISEXUAL, After an attack in New York on 31 OctoberTRANSGENDER AND INTERSEX PEOPLE in which eight people died and 12 were injured, Uzbek national SayfulloMurders of LGBTI people increased during Habibullaevic Saipov was charged and due tothe year, against a background of continuing386 Amnesty International Report 2017/18

be tried in federal court, despite calls from senior government roles: Gina Haspel,two senior Senators for his transfer to military selected in February for the role of Deputycustody as an “enemy combatant” and Director of the CIA; Steven Bradbury,comments from President Trump that he nominated for General Counsel at thewould consider sending him to Guantánamo Department of Transportation; and StevenBay. President Trump flouted the Engel, nominated to head the Office of Legalpresumption of innocence in a series of posts Counsel (OLC) at the Department of Justice.on Twitter in which he called for the death Gina Haspel was believed to have been CIApenalty for Sayfullo Saipov. Chief of Staff in Thailand in 2002 when the CIA ran a so-called “black site” in which at In January, under the administration of least two detainees were subjected to torturePresident Barack Obama, 18 detainees were and enforced disappearance. She was latertransferred from Guantánamo Bay detention Chief of Staff to the Director of thecentre to Oman, Saudi Arabia and United Counterterrorism Center, the branch of theArab Emirates. Most of the remaining 41 CIA that ran the secret detention programme.Guantánamo Bay detainees were held As Acting Assistant Attorney General at thewithout charge or trial. President Trump had OLC between 2005 and 2009, Stevenmade a pre-election pledge to keep the Bradbury authored a number ofdetention facility open and increase the memorandums to the CIA giving legalnumbers of detainees held there; no further approval to methods of interrogation anddetainee transfers were made into or out of conditions of detention that violated theGuantánamo Bay during the year. international prohibition of torture and other ill-treatment. As Deputy Assistant Attorney Refusal in October by the Supreme Court to General at the OLC in 2007, Steven Engelconsider two jurisdictional challenges allowed was also involved in the writing of one ofmilitary commission proceedings to continue those memorandums. On 7 November, theat Guantánamo Bay, in contravention of Senate confirmed his appointment by 51international fair trial standards. votes to 47. On 14 November, by 50 votes to 47, the Senate confirmed the appointment of In October, Ahmed Mohammed Ahmed Steven Bradbury. Gina Haspel’s appointmentHaza al-Darbi, a Saudi Arabian national, was did not require Senate confirmation.sentenced by military commission to 13years’ imprisonment after pleading guilty in A civil jury trial of James Mitchell and John2014 to conspiracy, terrorism and other “Bruce” Jessen, two CIA-contractedoffences. He had been arrested in Azerbaijan psychologists who had leading involvement inin June 2002 and handed over to US agents its detention programme, was due to begintwo months later. on 5 September. However, in August an out- of-court settlement was reached.TORTURE AND OTHER ILL-TREATMENT On 19 June, the Supreme Court ruled in aIn an interview on 25 January, President case brought against former US officials byTrump expressed his support for torture while individuals of Arab or South Asian descentstating that he would “rely” upon the who were among the hundreds of foreignSecretary of Defense, the CIA Director and nationals taken into custody in the USA in theothers in deciding whether the USA should wake of the attacks of 11 September 2001.use it. No action was taken to end impunity Following the attacks, detainees were held forfor the systematic human rights violations, months in harsh conditions and reported aincluding torture and enforced range of abuses. The Supreme Court stateddisappearance, committed in a secret that if the allegations were true, then whatdetention programme operated by the CIA happened to the detainees “was tragic”, andafter the attacks on 11 September 2001. “nothing in this opinion should be read to condone the treatment to which they contend At least three people alleged to have beeninvolved in the secret detention programmewere nominated by President Trump forAmnesty International Report 2017/18 387

they were subjected”. However, it ruled that military-grade equipment to law enforcementthe case largely could not proceed, thus agencies.continuing a pattern of judicial remediesbeing blocked in cases involving human GUN VIOLENCErights violations in the counter-terrorismcontext since the 2001 attacks. In October a gunman used “bump stocks” – accessories that modify firearms to allowEXCESSIVE USE OF FORCE rapid firing similar to that of fully automatic firearms – against a crowd of concert-goers inThe authorities continued to fail to track the Las Vegas, Nevada, killing 58 people. Inexact number of people killed by law response to the massacre, Congressenforcement officials across the USA. Data considered legislation and regulationscollected by The Washington Post newspaper banning such devices, but the measuresput the total at 987 individuals killed during were not enacted. In November, Congressthe year by law enforcement agents using introduced but failed to pass a separate piecefirearms. According to the data, African of legislation aimed at preventing gunAmericans – who comprised 13% of the violence.population – represented nearly 23% of thevictims in 2017. Of those killed, 24% were Two pieces of federal legislation wereknown to have mental health problems. A pending at the end of the year that wouldproposal by the Department of Justice to make it easier for people to obtain firearmcreate a system to track these deaths under silencers and carry concealed weapons.the Deaths in Custody Reporting Act was not Legislation in place since 1996 continued tocompulsory for law enforcement agencies deny funding to the Center for Diseaseand therefore risked leading to under- Control and Prevention to conduct or sponsorreporting. No information was released on research into the causes of gun violence andwhether the reporting process had been ways to prevent it.initiated during the year. President Trump’s administration At least 40 people across 25 states died considered relaxing restrictions on the exportafter police used projectile electro-shock of small arms, including assault rifles andweapons on them, bringing the total number ammunition, by shifting the responsibility forof such deaths since 2001 to at least 802. processing international non-military firearmsMost of the victims were not armed and did sales from the Department of State to thenot appear to pose a threat of death or Department of Commerce. The move wouldserious injury when the electro-shock weapon severely weaken oversight of arms sales andwas deployed. risked increasing the flow of firearms to countries suffering high levels of armed In September, the acquittal of a former violence.police officer for shooting dead AnthonyLamar Smith in 2011 sparked weeks of DEATH PENALTYprotests across the city of St Louis, Missouri,and hundreds of arrests. There were Twenty-three men were executed in eightallegations by local civil rights organizations states, bringing to 1,465 the total number ofthat police unlawfully detained people and executions since the US Supreme Courtthat their use of chemical irritants against approved new capital laws in 1976.protesters amounted to excessive use of Approximately 39 new death sentences wereforce. St Louis police used heavy-duty riot passed. Around 2,800 people remained ongear and military-grade weapons and death row at the end of the year.equipment to police the demonstrations. InAugust, President Trump annulled Arkansas conducted its first executionsrestrictions put in place by the previous since 2005. Ohio resumed executions after agovernment that limited the transfer of some hiatus of more than three years. Florida conducted its first executions since January 2016, when the US Supreme Court ruled its388 Amnesty International Report 2017/18

capital sentencing statute unconstitutional. overcrowding and access to health servicesThe Florida Supreme Court’s decision that and education.the ruling applied only retroactively to abouthalf of those on death row allowed the state Pre-trial detention continued to be imposedto begin executing those deemed not to in the majority of cases and conditionalbenefit. During the year, the first death releases pending trial were often denied.sentences were handed down under a newsentencing statute. A proposed amendment to the Code on Children and Adolescents threatened to During the year, four inmates were increase the proportion of cases subject toexonerated of the crimes for which they were mandatory pre-trial detention and eliminateoriginally sentenced to death in the states of time limits for such detentions, endangeringDelaware, Florida, Arkansas and Louisiana, the rights of young people in the juvenilebringing to 160 the number of such cases penal system.since 1973. People with psychosocial disabilitiesURUGUAY continued to be held against their will and in isolation in psychiatric institutions.Eastern Republic of UruguayHead of state and government: Tabaré Vázquez ECONOMIC, SOCIAL AND CULTURAL RIGHTSPre-trial detention continued to be imposedwidely. Impunity persisted for past crimes; The UN Committee on Economic, Social andhuman rights defenders investigating such Cultural Rights made severalcrimes received death threats. Sexual and recommendations to Uruguay includingreproductive health services were difficult increasing the direct applicability of theseto access in rural areas and objectors to rights in the judicial system; strengtheningproviding abortion continued to obstruct legislation against discrimination; adopting aaccess to legal abortions. law on mental health in line with international standards; approving the comprehensive billBACKGROUND against gender-based violence; and ensuring the right to work for persons with disabilities.The Monitoring System forRecommendations (SIMORE), which since IMPUNITYDecember 2016 has collected information onUruguay’s implementation of In February, human rights defendersrecommendations by international bodies, investigating human rights violations thatstill had no effective mechanism for civil occurred during the military regimesociety participation. There had yet to be full (1973-1985) reported receiving deathimplementation of the Inter-institutional threats; the sources of these threats were notNetwork for the Elaboration of Reports and investigated. In May, human rights defendersMonitoring of the Implementation of denounced these threats at a hearing beforeRecommendations and Observations in the the Inter-American Commission on HumanField of Human Rights, also established in Rights, which the Uruguayan authorities did2016. not attend.DETENTION The national Working Group on Truth and Justice, implemented in 2015, had notThe National Human Rights Institute, through achieved concrete results regardingthe National Mechanism for the Prevention of reparations for victims of past crimes underTorture, continued to document and report international law.human rights violations in prisons, including In October, the Supreme Court ruled that statutory limitations apply to crimes against humanity, hindering victims’ access to justice, and preventing the prosecution of those suspected of criminal responsibility.Amnesty International Report 2017/18 389

RIGHTS OF LESBIAN, GAY, BISEXUAL, threat to national security. Local authoritiesTRANSGENDER AND INTERSEX PEOPLE continued to draft thousands of medical personnel and teaching staff to work in theThere remained no comprehensive anti- cotton fields. Consensual sexual relationsdiscrimination policy protecting LGBTI people between men remained a criminal offence.from violence in schools and public spacesand ensuring their access to health services. BACKGROUNDVIOLENCE AGAINST WOMEN AND GIRLS President Mirzioiev continued to introduce a number of wide-ranging political andThere were 27 femicides between January economic reform proposals, designed to endand November, according to official data. The past isolationist and repressive policies. Anadoption and implementation of a action strategy on judicial reform wascomprehensive law against gender-based approved in February. It set out severalviolence, as part of Uruguay’s 2016-2019 priorities for systemic reform, includingAction Plan on gender-based violence, was ensuring genuine judicial independence,still pending. increasing the effectiveness and authority of the judiciary, and ensuring robust judicialSEXUAL AND REPRODUCTIVE RIGHTS protection of the rights and freedoms of citizens.The lack of public policies to ensure accessto health services in rural areas continued One of the legislative changes reduced theand access to sexual and reproductive health maximum time a person could be detainedservices in these areas remained limited. before being brought before a judge from 72 to 48 hours. Obstacles to accessing abortions persisteddue to a lack of regulation of conscientious In May, at the end of the first ever visit byobjection by physicians and other health the UN Office of the High Commissioner forpersonnel. Human Rights to Uzbekistan, the Commissioner called on the President to High rates of child and adolescent translate his reform pledges into action forpregnancy continued, due in part to the the effective protection of human rights.absence of adequate sexual and reproductivehealth services and information to prevent In November, the President issued a decreeunplanned pregnancies. explicitly prohibiting the use of torture to obtain confessions and their admission asUZBEKISTAN evidence in court proceedings.Republic of Uzbekistan FREEDOM OF EXPRESSION – HUMANHead of state : Shavkat Mirzioiev RIGHTS DEFENDERS AND JOURNALISTSHead of government : Abdulla Aripov The authorities eased some undueThe authorities eased some undue restrictions on the right to freedom ofrestrictions on the media and the right to expression. They allowed some criticalfreedom of expression. Several prisoners of reporting by the media and released severalconscience and other prisoners serving long prisoners convicted on politically motivatedsentences on politically motivated charges charges. However, the government retainedwere released; their right to freedom of firm control of access to information.movement remained restricted. National Independent and international mediaSecurity Service (NSS) officers arbitrarily platforms considered critical of the authoritiesdetained an independent journalist and remained inaccessible.tortured him to “confess” to anti-statecrimes. The authorities continued to seek In February, the authorities releasedthe return of people they considered a Muhammad Bekzhanov, after he served 17 years in prison on politically motivated charges. He remained under curfew and390 Amnesty International Report 2017/18

close police supervision. In July, Erkin accused his lawyer of misrepresenting theMusaev, a former military official and staff case to the public and forced Bobomurodmember of the UN Development Programme, Abdullayev to dismiss him in favour of awas released early. He had been sentenced state-appointed one.to 20 years on fabricated espionage chargesin 2006. Prisoners of conscience Azam FREEDOM OF MOVEMENTFarmonov and Salidzhon Abdurakhmonov,human rights lawyer Agzam Turgunov and In August, the President announced that thetwo other human rights defenders were legal requirement for Uzbekistani nationals toreleased in October. All of them had been obtain permission to leave the country wouldtortured in detention. Prisoner of conscience be abolished by 2019. Nevertheless, theIsroil Kholdorov remained in prison. authorities continued to impose travel restrictions on newly released prisoners who In July, during a visit to the EU, the Foreign had been convicted on politically motivatedMinister extended invitations to international charges. Some former prisoners continued toNGOs and international media to visit be prevented from travelling abroad forUzbekistan. The authorities granted limited urgent medical treatment.access to some representatives ofinternational NGOs and media. Human rights lawyer Polina Braunerg who used a wheelchair, died in May from a stroke Despite these positive developments, after being repeatedly refused permission tohuman rights defenders and independent travel abroad for medical treatment.journalists, both exiled and in Uzbekistan, aswell as their families, continued to be In October, Murad Dzhuraev, a formersubjected to smear campaigns online, on Member of Parliament, who was released innational television and in the print media. November 2015 after serving 20 years in prison on politically motivated charges, was Surveillance by the authorities in Uzbekistan finally allowed to travel to Germany for urgentand abroad reinforced the repressive medical treatment following mountingenvironment for human rights defenders, international pressure. On 4 December, hejournalists and others. Technical and legal died suddenly before being able to leave thesystems facilitated unlawful surveillance and country.failed to provide effective controls andremedies against abuse.1 On 22 February, journalist Muhammad Bekzhanov was released after 17 years in On 27 September, NSS officers detained prison. His sentence was handed down afterindependent journalist Bobomurod an unfair trial and torture, and arbitrarilyAbdullayev as he was leaving his home in the extended. At the end of the year, he had notcapital, Tashkent. He was held been granted permission to apply for an exitincommunicado for two weeks in an NSS visa to join his family abroad. He was notpre-trial detention facility, which is well allowed to travel to Tashkent for urgentknown for the use of torture. The NSS medical treatment that he required as aaccused him of using a pseudonym to consequence of the torture and other ill-publish online articles that called for the treatment he was subjected to.overthrow of the government and instigatingunrest in Uzbekistan, crimes punishable by RIGHTS OF LESBIAN, GAY, BISEXUAL,up to 20 years in prison. NSS officers warned TRANSGENDER AND INTERSEX PEOPLEhis family not to contact human rightsorganizations or the media, and allowed him The authorities repeatedly stated that theyonly limited and supervised access to a had no intention of decriminalizinglawyer of his choice ten weeks after he was consensual sexual relations between men,detained. In November, the authorities which constituted a crime punishable by aextended his pre-trial detention for another prison term of up to three years.three months. On 26 December, the NSS Same-sex consensual sexual relations remained highly stigmatized, and LGBTIAmnesty International Report 2017/18 391

people were regularly subjected to violence, “blacklist” of up to 18,000 people suspectedarbitrary arrests, detention and discrimination of membership of banned or unregisteredby state and non-state actors. religious movements and groups.FORCED LABOUR AND SLAVERY However, security forces continued to detain dozens of people accused of being membersIn August, a presidential decree formally of banned “extremist” groups, includingbanned the forcible recruitment of children, labour migrants returning from abroad.students, medical personnel and teaching Relatives and human rights activists reportedstaff to work in the cotton fields. During his that police and NSS officers tortured many ofspeech to the UN General Assembly in the people accused of illegal membership toSeptember, President Mirzioiev “confess” to fabricated charges, and thatacknowledged the use of forced labour in the judges continued to ignore crediblecotton industry in Uzbekistan and pledged to allegations, even when confronted withend it. physical signs of torture in the court room, and admitted them as evidence. Nevertheless, human rights defenders andindependent monitors detailed cases of In October, the UN Special Rapporteur onhundreds of medical personnel and teaching freedom of religion or belief visitedstaff being forced to work in the cotton fields, Uzbekistan at the invitation of the authorities.in poor working conditions. In some regions, He was the first representative of the UNthey documented children harvesting cotton, Special Procedures to be granted access todespite the August ban. The authorities Uzbekistan since 2002. In his preliminarythreatened those who refused to work in the findings he noted that religious practice wascotton fields with large fines, dismissal or the “subject to excessive regulations thatloss of social benefits. prioritize security over freedom”. Police and local authorities tried to stop COUNTER-TERROR AND SECURITYhuman rights activists from monitoring thework in the cotton fields, in some cases using The authorities continued to secure forcibleintimidation, force, and arbitrary detention. returns, including through extradition proceedings, of Uzbekistani nationals they In March, police detained human rights identified as threats to the “constitutionaldefender Elena Urlaeva and forcibly confined order” or national security.her in a psychiatric hospital for a month. Thiswas to prevent her from attending a NSS officers continued to abduct wantedscheduled meeting with visiting delegations individuals (so-called renditions) fromfrom the World Bank and the ILO in Tashkent abroad.to discuss her findings of the commonpractice of forced labour in the cotton Those abducted or otherwise forciblyindustry. Between August and November, returned were placed in incommunicadopolice repeatedly detained her for brief detention, often in undisclosed locations, andperiods of time to stop her talking to medical tortured or otherwise ill-treated to force themand teaching staff in the cotton fields. to confess or incriminate others. In many cases, security forces pressured relatives notFREEDOM OF RELIGION AND BELIEF to seek support from human rights organizations, and not to file complaintsIn August, the President publicly called for a about alleged human rights violations.review of the charges against people detainedon suspicion of possessing banned religious 1. “We will find you, anywhere”: The global shadow of Uzbekistanior “extremist” materials. He also called for surveillance ( EUR 62/5974/2017)people who regretted joining unregisteredIslamic movements, to be “rehabilitated”.The authorities also announced that they hadremoved more than 15,000 names from a392 Amnesty International Report 2017/18

VENEZUELA Telecommunications Commission. Other media outlets also faced the threat of closure,Bolivarian Republic of Venezuela despite a 2015 ruling by the Inter-AmericanHead of state and government: Nicolás Maduro Moros Court of Human Rights declaring that such closures violated freedom of expression.Venezuela remained in a state ofemergency, repeatedly extended since Anti-government protesters and someJanuary 2016. A National Constituent opposition leaders were accused by theAssembly was elected without the government of being a threat to nationalparticipation of the opposition. The Attorney security.General was dismissed under irregularcircumstances. Security forces continued to The government ordered the removal ofuse excessive and undue force to disperse some foreign news channels including CNN,protests. Hundreds of people were RCN and CARACOL from national televisionarbitrarily detained. There were many cable operators. In September, journalistsreports of torture and other ill-treatment, from the online news and research portalincluding sexual violence against Armando.Info were threatened bydemonstrators. The judicial system unidentified actors for their investigations intocontinued to be used to silence dissidents, cases of administrative corruption.including using military jurisdiction toprosecute civilians. Human rights defenders FREEDOM OF ASSEMBLYwere harassed, intimidated and subject toraids. Conditions of detention were Between April and July in particular, thereextremely harsh. The food and health crises were mass protests for and against thecontinued to worsen, especially affecting government in various parts of the country.children, people with chronic illness and The right to peaceful assembly was notpregnant women. The number of guaranteed. According to official data, atVenezuelans seeking asylum in other least 120 people were killed and more thancountries increased. 1,177 wounded – including demonstrators, members of the security forces andBACKGROUND bystanders – during these mass demonstrations.The year was marked by growing publicprotests due to rising inflation and shortages There were also reports from the Attorneyof food and medical supplies. The state of General’s Office that groups of armed peopleemergency declared in January 2016 with the support or acquiescence of theremained in force, providing the government government carried out violent actionswith special powers to attend the economic against demonstrators.situation. Despite the political dialogueprocesses initiated between the government According to the local NGO Venezuelanand the opposition during the year, there was Penal Forum, 5,341 people were arrested inno concrete progress in advancing human the context of the protests, of which 822 wererights issues. tried. Of these, 726 civilians were subjected to military justice and charged with militaryFREEDOM OF EXPRESSION crimes for demonstrating against the government. At the end of the year, 216The Office of the Special Rapporteur for people remained in pre-trial detention.freedom of expression of the Inter-AmericanCommission on Human Rights (IACHR) EXCESSIVE USE OF FORCEexpressed concern about the closure of 50radio stations by the National In January the government relaunched its public security programme, previously named Operation Liberation of the People, under the new name Operation Humanist Liberation of the People. Reports continued of excessive use of force by security agents.Amnesty International Report 2017/18 393

In the context of the demonstrations that the systematic and widespread use oftook place between April and July, the excessive force during the protests betweengovernment announced the activation of the April and July, pointing to a pattern of violent“Zamora Plan”, with the objective to home raids and torture and other ill-“guarantee the functioning [of the] country treatment of detainees. The report also[and] its security” by mobilizing civilians expressed concern regarding difficultiesalongside police and military forces to faced by international organizations in“preserve internal order”. However, the accessing the country, and victims’ fears ofdetails of the plan were not made public. reporting abuses. The Bolivarian National Police and the ARBITRARY ARRESTS AND DETENTIONSBolivarian National Guard – among other civiland military security forces – continued to Amnesty International documented 22use excessive and undue force against emblematic cases of people arbitrarilydemonstrators. Between April and July there detained for political reasons through thewas an increase in the deployment of military implementation of various unlawfulforces to repress protests, resulting in an mechanisms since 2014. These mechanismsincrease in the excessive use of less-lethal included the use of military justice, arrestsforce and undue use of lethal force, including without a warrant, and the use of ambiguousfiring tear gas directly at people’s bodies, and discretionary criminal definitions, amongshooting multiple munitions such as rubber others, that demonstrated a much broaderbullets, beatings, and use of firearms, all of pattern of efforts to silence dissent.1 At thewhich put protesters at risk of serious harm end of the year, 12 of these people wereor death. granted alternative measures to detention; the other 10 remained arbitrarily detained, According to the Attorney General’s Office, although the courts had ordered the releaseJairo Johan Ortiz Bustamante was killed by of many of them.gunshot wounds during a protest in Mirandastate on 6 April and Juan Pablo Pernalete These documented cases included those ofwas killed by the impact of a tear gas bomb MP Gilber Caro and activist Steyci Escalona,to his chest during a protest in the capital, both members ​of the opposition partyCaracas, on 26 April. David Vallenilla, Popular Will, who were arbitrarily detained inNeomar Lander and Rubén Darío González January after senior government authoritiesalso died from injuries sustained during the publicly accused them of carrying outprotests between April and July. “terrorist activities”. Despite Gilber Caro’s trial requiring authorization by Parliament, he During this period, the civil society remained arbitrarily detained and his caseorganization Micondominio.com recorded at was submitted to military courts. Steycileast 47 illegal raids on multiple communities Escalona was granted conditional releaseand homes in 11 states across the country. from pre-trial detention in November. By theThese raids were characterized by illegal use end of the year, neither had been brought toof force, threats and mass arbitrary arrests, trial.and were often linked to police and militaryoperations against protests that took place Hundreds of people reported that they werenear the communities. The actions of the arbitrarily detained during the protests thatsecurity forces during these raids were illegal took place between April and July. Manyand arbitrary and had indiscriminate effects. were denied access to medical care or aGroups of armed people also harassed and lawyer of their choice and in many casesintimidated residents during the raids with were subjected to military tribunals. Therethe acquiescence of the state security forces was a notable increase in the use of militarypresent. justice to try civilians. In August, the UN High Commissioner for In December, 44 people arbitrarily detainedHuman Rights published a report highlighting for what local NGOs considered to have been394 Amnesty International Report 2017/18

politically motivated reasons were released Lawyers representing people on trial beforewith alternative restrictions on their freedom. military courts reported being harassed and intimidated by government authorities,TORTURE AND ILL-TREATMENT putting great pressure on those defending people critical of the government.Many new reports of torture and other ill-treatment were received. Wilmer Azuaje, a JUSTICE SYSTEMmember of the Legislative Council of Barinasstate, was arrested in May. His family The justice system continued to be subject toreported that during his detention he was government interference, especially in caseslocked in a noxious-smelling room, involving people critical of the government orhandcuffed for long periods of time and those who were considered to be actingsometimes kept incommunicado, conditions against the interests of the authorities. Thethat constitute cruel treatment. In July, the Bolivarian National Intelligence ServiceSupreme Court of Justice ordered his transfer continued to ignore court decisions toto house arrest; however, at the end of the transfer and release people in its custody.year Wilmer Azuaje remained at the 26 JulyDetention Centre without any charges against Two police officers from the Chacaohim or any improvement in his conditions of municipality remained arbitrarily detaineddetention. since June 2016, despite a warrant being issued for their release in August 2016. During the demonstrations between April Twelve other officers accused in the sameand July, there were reports of ill-treatment criminal case who had also been arbitrarilyby state officials during arrests of protesters, detained since June 2016 were released inincluding kicking, beatings and sexual December. In June 2017, the 14 officersviolence. went on hunger strike, some for 23 days, in order to demand that the authorities releaseHUMAN RIGHTS DEFENDERS them in compliance with the judicial order.5Human rights defenders and individuals who In August, four opposition officials who hadsought justice for human rights violations been elected to public office were arrestedcontinued to be subjected to attacks and and five others had arrest warrants issuedsmear campaigns, in an apparent attempt to against them. These warrants were issued byhalt their human rights work. the Supreme Court in a proceeding that was not enshrined in law. A total of 11 officials In February, transgender lawyer Samantha elected by popular vote were removed fromSeijas was threatened by a police official office in irregular proceedings.while filing a complaint at a police station inAragua state accompanied by his daughter.2 PRISONERS OF CONSCIENCE In May, authorities raided the home of Leopoldo López, leader of the oppositionhuman rights defender Ehisler Vásquez in the party Popular Will and a prisoner ofcity of Barquisimeto, Lara state. When he conscience, was moved to house arrest inrequested information on the reason for the August. During his detention at the Nationalraid, the Public Prosecutor’s Office Centre for Military Proceedings in Ramothreatened to charge him with a crime.3 Later Verde, Caracas, there had been severalthat month in the same city, a group of reports of abuses against him, includingunidentified people stormed the home of torture and denial of visits from his lawyershuman rights defenders Yonaide Sánchez and family.and Nelson Freitez.4 Villca Fernández, a student and political Human rights defenders were intimidated activist from the state of Mérida and aby state media and high-ranking government prisoner of conscience, remained arbitrarilyofficials, who publicly announced their detained by the Bolivarian Nationalnames and contact details while accusing Intelligence Service in Caracas. He had beenthem of “terrorism”.Amnesty International Report 2017/18 395

repeatedly denied urgent medical care and victims of murder, torture and other violationshad reported other ill-treatment since his by state actors were yet to receive justice ordetention in January 2016.6 reparation.INTERNATIONAL SCRUTINY The Attorney General’s Office announced investigations into killings in the context ofIn May, Venezuela announced that it was protests between April and July 2017. Thewithdrawing from the Organization of National Constituent Assembly, establishedAmerican States and therefore from the on 30 July, appointed a Truth Commission toauthority of the IACHR, further limiting the investigate cases of human rights violationsprotection for victims of human rights during the protests; there were concernsviolations in Venezuela. about its independence and impartiality. There were reports of victims or their families Decisions and rulings from international being pressured by authorities to testify andhuman rights monitoring mechanisms were agree on facts that could waive thestill not implemented at the end of the year, responsibility of state agents for theseespecially regarding the investigation and violations, as well as obstacles to the work ofpunishment of those responsible for human defence lawyers working with human rightsrights violations. organizations. In November, Venezuela received a visit DETENTIONfrom the UN Independent Expert on thepromotion of a democratic and equitable Despite reforms to the penitentiary system ininternational order. Visits from the UN Special 2011, prison conditions remained extremelyRapporteur on the right to development, and harsh. Lack of medical care, food andthe UN Special Rapporteur on the negative drinking water, insanitary conditions,impact of unilateral coercive measures on the overcrowding and violence in prisons andenjoyment of human rights, were announced other detention centres continued. Duringfor 2018. clashes inside penitentiary centres, the use of firearms remained commonplace amongENFORCED DISAPPEARANCES inmates. Many detainees resorted to hunger strikes to protest against the conditions ofFormer Minister of Defence and detained their detention.government critic Raúl Isaías Baduel wasunexpectedly taken from his cell at the The IACHR expressed concern over theNational Centre for Military Proceedings in deaths of 37 detainees at the AmazonRamo Verde, Caracas, on the morning of 8  Judicial Detention Centre in August duringAugust; he remained disappeared for 23 clashes that took place when the Bolivariandays. The authorities then acknowledged that National Guard and the Bolivarian Nationalhe was being held at the facilities of the Police reportedly attempted to search theBolivarian National Intelligence Service in premises.Caracas, where he was held incommunicadoand denied access to his family and lawyers RIGHT TO FOODfor more than a month.7 The Documentation and Analysis Centre forIMPUNITY Workers reported that in December the basket of consumer goods for a family of five,Most victims of human rights violations which is used to define the consumer pricecontinued to lack access to truth, justice and index, was 60 times the minimum wage,reparation. Victims and their families were representing a 2123% increase sinceoften subjected to intimidation. November 2016. The humanitarian organization Caritas Venezuela found that In April, two officers of the Bolivarian 27.6% of children studied were at risk ofNational Guard were sentenced for killingGeraldine Moreno during demonstrations inCarabobo state in 2014. The majority of396 Amnesty International Report 2017/18

malnutrition and 15.7% of them suffered SEXUAL AND REPRODUCTIVE RIGHTSmild to acute malnutrition. The economic crisis continued to limit access The government failed to acknowledge the to contraception. In June, in an online surveyworsening food shortage caused by the carried out by the local NGO AVESA, 72% ofeconomic and social crises. In its Global respondents had not been able to access anyReport on Food Crises 2017, the UN Food contraceptives during the previous 12and Agriculture Organization stated that it months, and 27% said that they could notlacked reliable official data on Venezuela and afford to buy contraceptives fromthat the deepening of the critical economic pharmacies.situation could lead to a greater absence ofconsumer goods such as food and medical REFUGEES AND ASYLUM-SEEKERSsupplies. There was a notable increase in the numberRIGHT TO HEALTH of Venezuelans seeking asylum in Brazil, Costa Rica, the USA, Spain, Peru, andAfter almost two years of publishing no Trinidad and Tobago. Other countries in theofficial data, in May the Ministry of Health region, including Colombia and Ecuador, alsopublished the weekly epidemiological continued to receive large numbers ofbulletins from 2016. The data revealed that Venezuelans seeking refuge.during 2016, there were 11,466 reporteddeaths of children under the age of one, an 1. Silenced by force: Politically motivated arbitrary detentions inincrease of 30.1% from 2015, when this Venezuela (AMR 53/6014/2017)figure stood at 8,812. The most commoncauses of infant mortality were neonatal 2. Venezuela: Trans man and daughter threatened by police (AMRsepsis, pneumonia and premature birth. In 53/5651/2017)addition, the bulletins showed that 324 casesof diphtheria were reported in 2016. 3. Venezuela: Human rights defender harassed − Ehisler Vásquez (AMR 53/6252/2017)WOMEN’S RIGHTS 4. Venezuela: Defenders’ home invaded, safety at risk (AMRThe Ministry of Health bulletins indicated an 53/6324/2017)increase in instances of maternal mortality of65.8% from 2015 to 2016, with a total of 756 5. Venezuela: Arbitrary detainees on hunger strike (AMR 53/6758/2017)deaths recorded in 2016, 300 more than in2015. 6. Venezuela: Prisoner of conscience needs medical care: Villca Fernández (AMR 53/7464/2017) Lack of official data made it almostimpossible to monitor the rate of femicides 7. Venezuela: Detainee held incommunicado again: Raúl Isaías Badueland other crimes against women. However, (AMR 53/7051/2017)the NGO Women’s Metropolitan Instituteestimated that there were at least 48 VIET NAMfemicides between January and May. Socialist Republic of Viet Nam Ten years after the implementation of the Head of state: Trần Đại QuangOrganic Law on Women’s Right to Live a Life Head of government: Nguyễn Xuân PhúcFree of Violence, local NGOs reported thatprosecutors, judges, police officers and other Arbitrary restrictions on the rights toofficials remained poorly equipped to protect freedom of expression, association andwomen’s rights, and women often suffered peaceful assembly continued. A crackdownre-victimization because of institutional on dissent intensified, causing scores ofviolence. Other obstacles to implementing the activists to flee the country. Human rightslaw included a lack of official data to plan defenders, peaceful political activists andand programme public policies to prevent religious followers were subjected to a rangeand eradicate violence against women. of human rights violations, including arbitrary detention, prosecution on national security and other vaguely worded chargesAmnesty International Report 2017/18 397

in unfair trials, and long-term activists were particularly targeted, as well asimprisonment. Prominent activists faced social and environmental activistsrestrictions on movement and were subject campaigning in the aftermath of the 2016to surveillance, harassment and violent Formosa Plastics toxic spill that killed tonnesassaults. Prisoners of conscience were of fish and destroyed the livelihoods oftortured and otherwise ill-treated. thousands of people. At least five members ofSuspicious deaths in police custody were the independent Brotherhood for Democracy,reported, and the death penalty was co-founded by human rights lawyer andretained. prisoner of conscience Nguyễn Văn Đài, were arrested between July and December.1 TheyBACKGROUND were charged under Article 79 (activities aimed at overthrowing the People’sDozens of state company officials were Administration), which carried a punishmentarrested and prosecuted during an anti- of up to life imprisonment or the deathcorruption campaign, including those also penalty. Several were previous prisoners ofholding government and Communist Party of conscience. In August, the same additionalViet Nam positions. Several were sentenced charge was brought against Nguyễn Văn Đàito death for embezzlement. In July, state and his associate Lê Thu Hà, who had beensecurity officials abducted a former held incommunicado since their arrests inbusinessman and government official while December 2015 on charges of “conductinghe was seeking asylum in Germany, and propaganda against the state” under Articleforcibly returned him to Viet Nam to stand 88.trial for embezzlement and economicmismanagement; Vietnamese authorities At least 98 prisoners of conscience weremaintained that he had returned voluntarily. detained or imprisoned, an increase on previous years despite some releases on During the assessment of Viet Nam’s completion of sentences. They includedhuman rights record under the UN UPR bloggers, human rights defenders working onprocess, the government stated that by land and labour issues, political activists,February it had implemented 129 out of 182 religious followers and members of ethnicrecommendations made during the review in minority groups. The authorities continued to2014. No amendments were made to vaguely grant early release to prisoners of conscienceworded national security legislation used only if they agreed to go into exile. Đặngagainst peaceful dissidents to bring it into line Xuân Diệu, a Catholic social activist andwith international law and standards. blogger arrested in 2011, was released in January after serving six years of a 13-year Viet Nam hosted meetings of the Asia- prison sentence. He was immediately flownPacific Economic Cooperation (APEC) forum into exile in France. In July, Pastor Nguyễnthroughout the year, including the leaders’ Cong Chinh was released four years beforesummit in November. the end of his 11-year sentence and immediately flown to exile in the USA. BothREPRESSION OF DISSENT men were tortured and otherwise ill-treated while imprisoned.The crackdown on freedom of expressionand criticism of government actions and Trials of dissidents routinely failed to meetpolicies intensified, causing scores of international standards of fairness; there waspeaceful activists to flee the country. At least a lack of adequate defence as well as denial29 activists were arrested during the year, of the presumption of innocence. Humanand others went into hiding after arrest rights defender and blogger Nguyễn Ngọcwarrants were issued. They were charged Như Quỳnh, also known as Mẹ Nấm,mostly under vaguely worded provisions in (Mother Mushroom), was sentenced to 10the national security section of the 1999 years’ imprisonment forPenal Code or detained on other spuriouscharges. Bloggers and pro-democracy398 Amnesty International Report 2017/18

“conducting propaganda” (Article 88) in region, was denied follow-up treatment afterJune. Land and labour activist Trần Thị Nga a medical operation.4 Hòa Hảo Buddhist andreceived a nine-year sentence on the same land rights activist Trần Thị Thúy continuedcharge with five years’ house arrest upon to be denied adequate treatment for seriousrelease in July.2 In October, after a trial lasting medical conditions since April 2015.just a few hours, student Phan Kim Khánhwas sentenced to six years’ imprisonment FREEDOM OF ASSEMBLYand four years’ house arrest upon release,after conviction under Article 88. He had The authorities used unnecessary orcriticized corruption and lack of freedom of excessive force to disperse and preventexpression in Viet Nam on blogs and social peaceful gatherings and protests, inmedia. He was also accused of being in particular those relating to the Formosacontact with “reactionaries” overseas. Plastics toxic spill in April 2016. In February, police and plain-clothes men attacked In May, the authorities revoked the around 700 mainly Catholic peacefulVietnamese citizenship of former prisoner of protesters gathered in Nghệ An provinceconscience Phạm Minh Hoàng, a member of before marching to present legal complaintsViet Tan, an overseas-based group peacefully against Formosa Plastics. Several individualscampaigning for democracy in Viet Nam. He were injured and required hospital treatment,was forcibly deported to France in June. and others were arrested.5TORTURE AND OTHER ILL-TREATMENT DEATHS IN CUSTODYReports continued of torture and other ill- Deaths in police custody in suspicioustreatment, including beatings and other circumstances continued to be reported. Hòaassaults, of peaceful activists by individuals Hảo Buddhist Nguyễn Hữu Tấn died afterbelieved to be acting in collusion with his arrest in May. Police claimed that hesecurity police. In September, Viet Nam’s committed suicide, but his father said thatinitial report on implementation of the UN the injuries on his body suggested that heConvention against Torture, ratified in was tortured before being killed.November 2014, acknowledged challengesand difficulties in implementation due to an DEATH PENALTY“incomplete legal framework on humanrights”, among other reasons. A Ministry of Public Security report published in February revealed the extent of Prisoners of conscience were routinely held implementation of the death penalty, with anincommunicado during pre-trial detention, average of 147 executions annually betweenlasting up to two years. Detainees were August 2013 and June 2016. The reportdenied medical treatment and transferred to stated that five new lethal injection centresprisons distant from their family home. were to be built. Only one execution was reported by official media during 2017, but The whereabouts of Nguyễn Bắc Truyển, a more were believed to have been carried out.human rights defender arrested in secret in Death sentences were handed down for drugJuly, were not disclosed to his family until offences and embezzlement.three weeks later. He was heldincommunicado and denied access to 1. Viet Nam: Four peaceful activists arrested in connection with long-medication for pre-existing medical detained human rights lawyer (ASA 41/6855/2017)conditions.3 2. Viet Nam: Female activist sentenced to nine years in prison (ASA Denial of medical treatment was used to try 41/6833/2017)to force prisoners of conscience to “confess”to crimes. Đinh Nguyễn Kha, an activist 3. Viet Nam: Missing human rights defender at risk of torture − Nguyễnsentenced to six years’ imprisonment for Bắc Truyển (ASA 41/6964/2017)distributing leaflets critical of Viet Nam’sresponse to China’s territorial claims in the 4. Viet Nam: Necessary medical treatment denied to prisoner − Đinh Nguyễn Kha (ASA 41/5733/2017)Amnesty International Report 2017/18 399

5. Viet Nam: Hundreds of peaceful marchers attacked by police (ASA controlled southern parts of Yemen including 41/5728/2017) the governorates of Lahj and Aden. On 4  December, Ali Abdullah Saleh was killed byYEMEN Huthi forces consolidating their control over Sana’a.Republic of YemenHead of state: Abd Rabbu Mansour Hadi Meanwhile, rival armed factions proliferatedHead of government: Ahmed Obeid bin Daghr and vied to assert control against a background of economic collapse andAll parties to the continuing armed conflict widespread lawlessness, in the absence ofcommitted war crimes and other serious functioning state institutions.violations of international law, withinadequate accountability measures in The authority of President Hadi, weak orplace to ensure justice and reparation to absent in large swathes of the country,victims. The Saudi Arabia-led coalition continued to wane and faced challenges fromsupporting the internationally recognized multiple actors and entities. Through itsYemeni government continued to bomb Supreme Political Council, the Huthi-Salehcivilian infrastructure and carried out alliance undertook, in the areas under theirindiscriminate attacks, killing and injuring control, responsibilities and functions of thecivilians. The Huthi-Saleh forces state. This included the formation of aindiscriminately shelled civilian residential government, the appointment of governorsareas in Ta’iz city and fired artillery and the issuing of governmental decrees.indiscriminately across the border intoSaudi Arabia, killing and injuring civilians. In May, former Governor of Aden AidarousThe Yemeni government, Huthi-Saleh forces al-Zubaydi, and Hani bin Brik, a formerand Yemeni forces aligned to the United Minister of State, formed a 26-memberArab Emirates (UAE) engaged in illegal Southern Transition Council. The Council,detention practices including enforced which expressed the aim of an independentdisappearance and torture and other ill- South Yemen and which enjoyed publictreatment. Women and girls continued to support, held several meetings andface entrenched discrimination and other established headquarters in the city of Aden.abuses, including forced and early marriageand domestic violence. The death penalty The continued conflict led to a political andremained in force; no information was security vacuum and the establishment of apublicly available on death sentences or safe haven for armed groups and militias,executions. assisted by outside states. Some of these forces were trained, funded and supportedBACKGROUND by the UAE and Saudi Arabia. Some local security forces, including the Hadrami EliteYemen’s territorial divisions and controls Forces and Security Belt Forces, were armedbecame deeply entrenched as the armed and trained by and reported directly to theconflict continued between the internationally UAE. Such forces were characterized by in-recognized government of President Hadi, fighting and competing agendas.supported by the Saudi Arabia-led coalition,and the Huthis and allied forces, which The armed group al-Qa’ida in the Arabianincluded army units loyal to former President Peninsula (AQAP) continued to control partsAli Abdullah Saleh. The Huthi-Saleh of southern Yemen and to carry out bombauthorities continued to control large parts of attacks in the governorates of Aden, Abyan,the country including the capital, Sana’a, Lahj and al-Bayda. Air strikes and strikes bywhile President Hadi’s government officially remotely piloted vehicles (drones) against AQAP by US forces increased threefold. US forces also carried out at least two ground assault raids. The armed group Islamic State (IS) continued to operate in parts of the country, albeit on a small scale.400 Amnesty International Report 2017/18