A Statement by the Asian Human Rights Commission written and prepared by Stewart Sloan and Danilo Reyes the Desk Officer for the Philippines.
PHILIPPINES: The government must take full responsibility for the safety and wellbeing of Temogen 'Cocoy' Tulawie
In September 2012 the Supreme Court of the Philippines approved the transfer of the trial of Temogen 'Cocoy' Tulawie for murder charges from Davao City to Manila City; and at the time of writing he is now awaiting trial in Manila.
Prior to this, in June 2011 the Supreme Court also granted the petition of the Cocoy's lawyers to transfer the trial from Regional Trial Court of Sulu to that of Davao City. The reason behind the petition was the very real threat to his life by agents acting on behalf of the governor of Sulu, Sakur Tan.
Temogen 'Cocoy' Tulawie was arrested on January 13, 2012 in Davao City in connection with a bombing and charged with multiple frustrated murder and multiple attempted murder. He was forced to confess under torture and despite four sworn and notarized statements confirming his alibi the process of his trial has continued.
Cocoy's counsel applied for a Writ of Amparo which was granted. A Writ of Amparo is applied for when there is serious concern for the safety of the person named therein. In our our appeal: AHRC-UAU-031-2012, we stated:
"The threat on Tulawie’s life is very real. Previously, the Court of Appeals itself granted his petition for a Writ of Amparo, an order which provided judicial protection before his arrest in January 2012. Thus, their new order completely disregards the earlier one; firstly, the grounds on which it agreed to have his case transferred from Jolo, Sulu to Davao City; secondly, the decision reached in his petition for the Writ of Amparo proving the risk on his life."
In September 2012, the Supreme Court of the Philippines issued another order, this time granting the petition of the complainant, Governor Tan, to transfer the trial of the case from Davao to Manila. This order, however, is in principle contradictory to the earlier order of the SC granting Cocoy's petition transferring the trial from Sulu to Davao City due to security concerns.
By their acceptance of the application for the Writ of Amparo the Supreme Court has quite obviously accepted that there is a very real threat to Cocoy's life. The threat on Cocoy's life once transferred to Manila cannot be taken lightly. It is believed that Abu Sayyaf suspects incarcerated in the same facility with Cocoy will carry out the instructions of Tan. The question must then be asked as to why they have granted this transfer which was done at the request of the counsel for Governor Sakur Tan.
It is disappointing that despite the gravity of the threat to Cocoy, neither the court nor the prison officials had taken full responsibility for the safety and well being of 'Cocoy' Tulawie.
The Asian Human Rights Commission appeals to President Aquino to ensure protection for Cocoy. This can be done by giving orders to the Department of Justice (DoJ), which has oversight jurisdiction and control of prisons, for them to ensure that Cocoy's security and safety is adequately ensured. Should Cocoy be murdered, the court will have not only denied his personal right to defend himself, but also to give justice for those who were wounded in the bomb attack. The AHRC is confident that once Cocoy is afforded with due process and fair trial, the proceedings would prove his innocence from the fabricated charges. However, if the threat of assassination is allowed to proceed then Cocoy's guilt or innocence will be a moot point and the government and Supreme Court will have to live with their decisions and lack of action in saving an innocent life.
For further reading please see: PHILIPPINES: Trial of falsely charged Sulu activist now in Manila
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
Tuesday, November 20, 2012
Friday, November 16, 2012
An Article from the Asian Human Rights Commission
PAKISTAN: Why did the Foreign Minister shy away from the issue of Balochistan in her address to the United Nations?
Stewart Sloan
In her presentation to the United Nations Human Rights Council at the Universal Periodic Review the Foreign Minister, Ms. Hina Rabbani Khar painted a rosy picture of the progress that Pakistan has made over the past four years. However, it was what Ms. Hina Rabbani Khar did not talk about that raised the ire of her audience at that function and around the world. Amongst the items that she failed to mention was the situation in Balochistan.
Balochistan is the largest of the four provinces of Pakistan with a total area almost one half of the entire country. Conversely in terms of population it has the lowest number of people, just fewer than eight million. The province is bordered by Afghanistan to the north and north-west, Iran to the south-west, the Arabian Sea to the south, Punjab and Sindh to the east, and Khyber Pakhtunkhwa and Federally Administered Tribal Areas to the north-east. The capital city, which is the largest in the province, is Quetta
In 1947 the ruler of Balochistan agreed to join Pakistan on the condition that the defence, currency, foreign office and finance would be controlled by the federal government but that the province would remain otherwise autonomous. However, after death of Muhammad Ali Jinnah Balochistan, along with other princely states was merged into Pakistan. Since then a small group of Baloch nationalists have been in conflict with the Federal Government which has led to an endless series of enforced disappearances and extrajudicial killings; the vast majority of which the government of Pakistan has turned a blind eye to.
Balochistan is rich in natural resources including gold and copper, a fact that the government of Pakistan, and the military, has been quick to take advantage of.
The Frontier Corps (FC), one of the paramilitary forces of Pakistan is based in Peshawar, North West Frontier Province and Quetta, Balochistan and is responsible for protecting the western border regions. Responsible to both the Ministry of States and Frontier Regions and to Army Headquarters the FC comprises of fourteen units based in the North-West Frontier and sixteen units based in Balochistan. It is believed that the FC is allegedly responsible for the vast majority of enforced disappearances and extrajudicial killings that take place in Balochistan. It is also an established fact that they have torture cells in all the major towns and cities. This is borne out by a large number of reports and appeals issued by human rights bodies.
Most of the killings carried out by the FC occur after the enforced disappearances of students, activists and others. The victims are taken in broad daylight from public places in full view of passers-by, often the abductors are accompanied by police officials. When the family members attempt to file First Information Reports at the police stations the officers refuse to record them due to the involvement of the FC. The victim's families are then forced to go to the courts who then order the army to respond to the charges. However, showing their complete contempt for the civilian establishment the army never complies. What happens next though is that once they know that the courts and the public are fully aware that the disappeared person is in their custody they get rid of the evidence by extrajudicially killing the victim and dumping his body on the road side. The number of such killings is estimated to be in the region of 400 for this year alone. However, nationalist groups claim that up to 8,000 persons have been disappeared. There are also reliable reports that 141 children and 315 women who have gone missing are being held or used as labourers in military camps.
Just one example of the enforced disappearances is the case of Mr. Fareed Ahmed Baloch, the son of Haleem Ahmed Balcoh. Fareed Baloch, a final year student of the Balochistan Engineering and Technology University, was abducted from outside the check post of Frontier Corps (FC) at Sariab road, Quetta, capital of the province, on February 9 after 6 pm when he was travelling with his cousin in a three wheeler. He was stopped at the check point by the FC persons along with some persons who were in plain clothes and taken away in a jeep with no registration number. His cousin, Mr. Changez Gichki, tried to intervene and was severely beaten and his cell phone was also snatched along with his wallet. Fareed Baloch was the president of Baloch Students Organisation (BSO-Azad) of district Khuzdar, Balochistan. Since then his abduction by the FC his whereabouts are unknown.
Sadly, as mentioned above it is increasingly difficult to lodge an FIR with the police because they know full well who is behind the abduction. To make matter worse the families of the victims get little relief from the courts. For example, on April 13, 2011 the three member bench of the Supreme Court of Pakistan under the supervision of Justice Javaid Iqbal heard cases of missing persons. Family members of victims whose loved ones were allegedly abducted by state agencies came before the court and provided the details of their cases. The simple fact is that the officers of the FC do not bother to attend court because they have no fear of judicial action being taken against them.
The relatives of the disappeared persons pointed out to the court that they were tired of testifying before judicial bodies as no apparent results had been seen. They also announced that they would not record their statements in future and that, to their knowledge, others would do the same as it was becoming increasingly evident that the judicial bodies set up to investigate enforced disappearances were simply 'going through the motions'.
The enforced disappearances and extrajudicial killings are the responsibility of the government of President Asif Ali Zardari. As head of the state and chief executive there can be no one else to take responsibility for what goes on in his country. Calls for the government to bring the military to heel go unheeded and unless and until the government takes a firm stand these atrocities will continue. President Zardari's policy of appeasement towards the military will not save him if the armed forces decide that his usefulness has come to an end. Pakistan has suffered most of the 62 years of its existence under military dictatorships. Unless the government wants to find itself unemployed it must clamp down on abuses by the military in general and the Frontier Corps in particular. Only then will the human rights abuses, enforced disappearances and extrajudicial killings in Balochistan and other provinces of the country come to an end.
Ms. Hina Rabbani Khar should understand that not mentioning a problem does not mean that the problem does not exist.
Stewart Sloan may be contacted at sloanbooks@gmail.com
PAKISTAN: Why did the Foreign Minister shy away from the issue of Balochistan in her address to the United Nations?
Stewart Sloan
In her presentation to the United Nations Human Rights Council at the Universal Periodic Review the Foreign Minister, Ms. Hina Rabbani Khar painted a rosy picture of the progress that Pakistan has made over the past four years. However, it was what Ms. Hina Rabbani Khar did not talk about that raised the ire of her audience at that function and around the world. Amongst the items that she failed to mention was the situation in Balochistan.
Balochistan is the largest of the four provinces of Pakistan with a total area almost one half of the entire country. Conversely in terms of population it has the lowest number of people, just fewer than eight million. The province is bordered by Afghanistan to the north and north-west, Iran to the south-west, the Arabian Sea to the south, Punjab and Sindh to the east, and Khyber Pakhtunkhwa and Federally Administered Tribal Areas to the north-east. The capital city, which is the largest in the province, is Quetta
In 1947 the ruler of Balochistan agreed to join Pakistan on the condition that the defence, currency, foreign office and finance would be controlled by the federal government but that the province would remain otherwise autonomous. However, after death of Muhammad Ali Jinnah Balochistan, along with other princely states was merged into Pakistan. Since then a small group of Baloch nationalists have been in conflict with the Federal Government which has led to an endless series of enforced disappearances and extrajudicial killings; the vast majority of which the government of Pakistan has turned a blind eye to.
Balochistan is rich in natural resources including gold and copper, a fact that the government of Pakistan, and the military, has been quick to take advantage of.
The Frontier Corps (FC), one of the paramilitary forces of Pakistan is based in Peshawar, North West Frontier Province and Quetta, Balochistan and is responsible for protecting the western border regions. Responsible to both the Ministry of States and Frontier Regions and to Army Headquarters the FC comprises of fourteen units based in the North-West Frontier and sixteen units based in Balochistan. It is believed that the FC is allegedly responsible for the vast majority of enforced disappearances and extrajudicial killings that take place in Balochistan. It is also an established fact that they have torture cells in all the major towns and cities. This is borne out by a large number of reports and appeals issued by human rights bodies.
Most of the killings carried out by the FC occur after the enforced disappearances of students, activists and others. The victims are taken in broad daylight from public places in full view of passers-by, often the abductors are accompanied by police officials. When the family members attempt to file First Information Reports at the police stations the officers refuse to record them due to the involvement of the FC. The victim's families are then forced to go to the courts who then order the army to respond to the charges. However, showing their complete contempt for the civilian establishment the army never complies. What happens next though is that once they know that the courts and the public are fully aware that the disappeared person is in their custody they get rid of the evidence by extrajudicially killing the victim and dumping his body on the road side. The number of such killings is estimated to be in the region of 400 for this year alone. However, nationalist groups claim that up to 8,000 persons have been disappeared. There are also reliable reports that 141 children and 315 women who have gone missing are being held or used as labourers in military camps.
Just one example of the enforced disappearances is the case of Mr. Fareed Ahmed Baloch, the son of Haleem Ahmed Balcoh. Fareed Baloch, a final year student of the Balochistan Engineering and Technology University, was abducted from outside the check post of Frontier Corps (FC) at Sariab road, Quetta, capital of the province, on February 9 after 6 pm when he was travelling with his cousin in a three wheeler. He was stopped at the check point by the FC persons along with some persons who were in plain clothes and taken away in a jeep with no registration number. His cousin, Mr. Changez Gichki, tried to intervene and was severely beaten and his cell phone was also snatched along with his wallet. Fareed Baloch was the president of Baloch Students Organisation (BSO-Azad) of district Khuzdar, Balochistan. Since then his abduction by the FC his whereabouts are unknown.
Sadly, as mentioned above it is increasingly difficult to lodge an FIR with the police because they know full well who is behind the abduction. To make matter worse the families of the victims get little relief from the courts. For example, on April 13, 2011 the three member bench of the Supreme Court of Pakistan under the supervision of Justice Javaid Iqbal heard cases of missing persons. Family members of victims whose loved ones were allegedly abducted by state agencies came before the court and provided the details of their cases. The simple fact is that the officers of the FC do not bother to attend court because they have no fear of judicial action being taken against them.
The relatives of the disappeared persons pointed out to the court that they were tired of testifying before judicial bodies as no apparent results had been seen. They also announced that they would not record their statements in future and that, to their knowledge, others would do the same as it was becoming increasingly evident that the judicial bodies set up to investigate enforced disappearances were simply 'going through the motions'.
The enforced disappearances and extrajudicial killings are the responsibility of the government of President Asif Ali Zardari. As head of the state and chief executive there can be no one else to take responsibility for what goes on in his country. Calls for the government to bring the military to heel go unheeded and unless and until the government takes a firm stand these atrocities will continue. President Zardari's policy of appeasement towards the military will not save him if the armed forces decide that his usefulness has come to an end. Pakistan has suffered most of the 62 years of its existence under military dictatorships. Unless the government wants to find itself unemployed it must clamp down on abuses by the military in general and the Frontier Corps in particular. Only then will the human rights abuses, enforced disappearances and extrajudicial killings in Balochistan and other provinces of the country come to an end.
Ms. Hina Rabbani Khar should understand that not mentioning a problem does not mean that the problem does not exist.
Stewart Sloan may be contacted at sloanbooks@gmail.com
Wednesday, November 14, 2012
Typhoons, Ironing Boards and Sailboats.
Stewart Sloan
(This article was published in the Sunday Examiner June 9th issue)
In August of 2012 Typhoon Kai Tak missed Hong Kong by a safe margin but still managed to cause a scare. It was a strong storm and at one point it was heading straight towards us. Visions of a day off leapt into, not only my head, but I am sure many others as well. It was not to be and this is probably just as well because even though it passed 200 km south of us the intensity of its winds were felt in all parts of the SAR.
I was anxious, as I am at the onset of any typhoon and it was while I was on my home on the bus that I wondered about this anxiety that borders on panic.
I have lived in Hong Kong all my life and during my childhood typhoons were much more frequent. No doubt changing weather patterns have something to do with this but it wasn't uncommon to have four or five typhoons a year, all of which hit.
My father drummed into us the need for safety. At the first sign of typhoon he would come home and to the dismay of my mother, place masking tape on all the windows. In fact, we never had a broken window and whether this was due to my father's actions or luck I don't know but several of our neighbours suffered the windows being blown in. The result could be quite devastating; glass all over the floor, rain water being driven in by the wind and the resultant damage was something experienced by many. But not us!
Another danger came from the squatter huts that were spread out over the hills in those days. Public housing was still in its infancy and the government was working as fast as they could to get the squatter villages emptied and the people into proper accommodation. The danger came from the makeshift materials that had been used for these shacks; corrugated iron and old timber that had been scavenged from building sites. When these shacks came apart the corrugated iron became flying guillotines and more than a few injuries were caused to people who were struck by them. Sadly, before public housing took root it was not uncommon for the death toll after a bad typhoon to reach into the hundreds.
In my school days we lived in Pokfulam and the Star Ferry was still a well-used means of crossing the harbour. Indeed, the Cross Harbour Tunnel didn't open until 1972. My father would drive me down to the Star Ferry and I would cross the harbour to go to school. I recall on one occasion there was a typhoon warning up but it was not high enough to close the schools and businesses. We were driving through the side streets of Western District and the traffic was beginning to back up, even at that early hour. Suddenly an ironing board that had fallen off someone's balcony or roof landed on the road in front of our car missing up by only a few feet. Then, as we watched in shock a gust of wind picked it up and in an upright position it slammed into the car. Fortunately it didn't hit the wind screen but there was a resounding thump and another gust of wind hefted it over the roof and it disappeared from sight.
There have been some very amusing typhoons. In 1972 when I was stationed at the now defunct Tsing Yi Power Station where the rule was that if you were at home when Number 3 went up you stayed there, and it you were at work, unfortunately, you stayed there as well. Today, Tsing Yi is a transport hub; in 1972 the only way to reach the power station was by water taxi, or Walla Wallas, as we used to call them. This particular typhoon, regrettably I don't recall the name, actually did a figure of eight in the South China Sea and the Number 3 signal stayed up for 3 days. The reason I was so happy was because I was at home when it went up.
In the mid eighties, what was then still the Royal Hong Kong Observatory got into trouble when it put the signal up too soon. Offices and industry closed down only to find out that the typhoon was a fizzle. The Labour Department estimated that millions of dollars had been lost in revenue. What no one thought to point out was that nobody was injured in the rush to get home because everyone had plenty of time. Now we seem to have the opposite situation. As soon as the typhoon reaches a safe distance from the SAR the Observatory lowers the signal totally ignorant of the rain bands that cause as much havoc as the typhoon itself for hours or even days after the beast has gone away.
I have never been in real danger from a typhoon and therefore don't understand the anxiety that I feel whenever one is reported. There was one occasion in 1976 when I was spending a long weekend on a friend's 43 foot sailboat. I was new to sailing but the skipper was ex-Royal Navy and the other two members of the crew were experienced, having sailed Hong Kong waters for several years. One night we were moored off Cheung Chau and sitting in the cockpit at dusk having enjoyed a curry dinner when one of the crew pointed up at the clouds way above us. They were stringy and scattered and this, the fellow told us, was an indication of strong winds in the region. What he didn't say was that there was probably a typhoon in the region. The skipper didn't show any concern, nor did the others so I didn't think anymore about it. But I remember thinking at the time that we hadn't listened to a weather report since setting sail two days ago.
The following morning was quite different. The weather was obviously bad; no rain but strong winds reaching Force 8 or 9. The sea was high and white. Now we turned on the radio and discovered that the Number 8 signal had been hoisted (shut down everything and get to safety NOW!). We set the storm jib and rolled the main down to its minimum (this yacht still had roller reefing, a thing that only older sailors will recall and most current sailors will have never experienced) and set sail for Aberdeen Typhoon Anchorage. It was an exhilarating journey and I was too awestruck by the elements to be afraid. All too soon it was over and we were safely moored in Aberdeen. But I have never forgotten the indifference of the skipper and crew, all of which had far more experience than I at the first sign of potentially bad weather, and who, quite frankly, should have known better. At the first sign of the scattered clouds we should have checked the weather station and it we had we would have found out that Number 3 had been hoisted and that the typhoon was on its way towards us.
So I don't mess around in typhoons. With the first sign that one is in the area I check the Hong Kong Observatory. If there is the slightest indication that the thing is going to come close I pack up and go home whether the closing down signal has gone up or not. Where typhoons are concerned I will always follow my father's advice. Better to be safe than sorry.
Stewart Sloan
(This article was published in the Sunday Examiner June 9th issue)
In August of 2012 Typhoon Kai Tak missed Hong Kong by a safe margin but still managed to cause a scare. It was a strong storm and at one point it was heading straight towards us. Visions of a day off leapt into, not only my head, but I am sure many others as well. It was not to be and this is probably just as well because even though it passed 200 km south of us the intensity of its winds were felt in all parts of the SAR.
I was anxious, as I am at the onset of any typhoon and it was while I was on my home on the bus that I wondered about this anxiety that borders on panic.
I have lived in Hong Kong all my life and during my childhood typhoons were much more frequent. No doubt changing weather patterns have something to do with this but it wasn't uncommon to have four or five typhoons a year, all of which hit.
My father drummed into us the need for safety. At the first sign of typhoon he would come home and to the dismay of my mother, place masking tape on all the windows. In fact, we never had a broken window and whether this was due to my father's actions or luck I don't know but several of our neighbours suffered the windows being blown in. The result could be quite devastating; glass all over the floor, rain water being driven in by the wind and the resultant damage was something experienced by many. But not us!
Another danger came from the squatter huts that were spread out over the hills in those days. Public housing was still in its infancy and the government was working as fast as they could to get the squatter villages emptied and the people into proper accommodation. The danger came from the makeshift materials that had been used for these shacks; corrugated iron and old timber that had been scavenged from building sites. When these shacks came apart the corrugated iron became flying guillotines and more than a few injuries were caused to people who were struck by them. Sadly, before public housing took root it was not uncommon for the death toll after a bad typhoon to reach into the hundreds.
In my school days we lived in Pokfulam and the Star Ferry was still a well-used means of crossing the harbour. Indeed, the Cross Harbour Tunnel didn't open until 1972. My father would drive me down to the Star Ferry and I would cross the harbour to go to school. I recall on one occasion there was a typhoon warning up but it was not high enough to close the schools and businesses. We were driving through the side streets of Western District and the traffic was beginning to back up, even at that early hour. Suddenly an ironing board that had fallen off someone's balcony or roof landed on the road in front of our car missing up by only a few feet. Then, as we watched in shock a gust of wind picked it up and in an upright position it slammed into the car. Fortunately it didn't hit the wind screen but there was a resounding thump and another gust of wind hefted it over the roof and it disappeared from sight.
There have been some very amusing typhoons. In 1972 when I was stationed at the now defunct Tsing Yi Power Station where the rule was that if you were at home when Number 3 went up you stayed there, and it you were at work, unfortunately, you stayed there as well. Today, Tsing Yi is a transport hub; in 1972 the only way to reach the power station was by water taxi, or Walla Wallas, as we used to call them. This particular typhoon, regrettably I don't recall the name, actually did a figure of eight in the South China Sea and the Number 3 signal stayed up for 3 days. The reason I was so happy was because I was at home when it went up.
In the mid eighties, what was then still the Royal Hong Kong Observatory got into trouble when it put the signal up too soon. Offices and industry closed down only to find out that the typhoon was a fizzle. The Labour Department estimated that millions of dollars had been lost in revenue. What no one thought to point out was that nobody was injured in the rush to get home because everyone had plenty of time. Now we seem to have the opposite situation. As soon as the typhoon reaches a safe distance from the SAR the Observatory lowers the signal totally ignorant of the rain bands that cause as much havoc as the typhoon itself for hours or even days after the beast has gone away.
I have never been in real danger from a typhoon and therefore don't understand the anxiety that I feel whenever one is reported. There was one occasion in 1976 when I was spending a long weekend on a friend's 43 foot sailboat. I was new to sailing but the skipper was ex-Royal Navy and the other two members of the crew were experienced, having sailed Hong Kong waters for several years. One night we were moored off Cheung Chau and sitting in the cockpit at dusk having enjoyed a curry dinner when one of the crew pointed up at the clouds way above us. They were stringy and scattered and this, the fellow told us, was an indication of strong winds in the region. What he didn't say was that there was probably a typhoon in the region. The skipper didn't show any concern, nor did the others so I didn't think anymore about it. But I remember thinking at the time that we hadn't listened to a weather report since setting sail two days ago.
The following morning was quite different. The weather was obviously bad; no rain but strong winds reaching Force 8 or 9. The sea was high and white. Now we turned on the radio and discovered that the Number 8 signal had been hoisted (shut down everything and get to safety NOW!). We set the storm jib and rolled the main down to its minimum (this yacht still had roller reefing, a thing that only older sailors will recall and most current sailors will have never experienced) and set sail for Aberdeen Typhoon Anchorage. It was an exhilarating journey and I was too awestruck by the elements to be afraid. All too soon it was over and we were safely moored in Aberdeen. But I have never forgotten the indifference of the skipper and crew, all of which had far more experience than I at the first sign of potentially bad weather, and who, quite frankly, should have known better. At the first sign of the scattered clouds we should have checked the weather station and it we had we would have found out that Number 3 had been hoisted and that the typhoon was on its way towards us.
So I don't mess around in typhoons. With the first sign that one is in the area I check the Hong Kong Observatory. If there is the slightest indication that the thing is going to come close I pack up and go home whether the closing down signal has gone up or not. Where typhoons are concerned I will always follow my father's advice. Better to be safe than sorry.
FOR IMMEDIATE RELEASE
AHRC-ART-121-2012
November 15, 2012
An Article from the Asian Human Rights Commission
This article was also published by the Interfaith Cooperation Forum Newsletter and may be found at: http://antonechan.com/~dagaorg/icf/faithpeace/2012/121130f.htm
PAKISTAN: Violence against the Ahmadi community, a religious minority continues unabated
Stewart Sloan
(This is Part II of a series of articles on the problems of religious minorities in Pakistan)
With its reelection to the Human Rights Council Pakistan must now show the world that it is serious about fulfilling its international obligations. One area that needs urgent attention is the violence committed against religious minorities, in particular the harassment and violence perpetrated against the Ahmadis, which often happens with the cooperation of the police.
On October 19 Mr. Saad Farooq was returning home after attending congregational prayers with his family. Farooq, an Ahmadi, was riding his motorcycle while his family travelled in a car. Unknown men, also on a motorcycle approached him from behind and shot him in the head. Farooq died on the spot. The assailants then turned their attention to the car in which Farooq's father, brother, father-in-law and others were seated and opened fire. Three of them were injured and taken to a hospital.
Mr. Saad Farooq was an active member of the Karachi Ahmadi community. Recently married he leaves behind a grieving widow. He was 26 years-of-age.
A few weeks earlier on October 4, Khawaja Zahur Ahmad (64), was shot dead near his home in Satellite Town. The bullet struck him below the right ear. Friends and neighbours rushed him to the hospital but he died en route. A few months prior to Ahmad's assassination religious extremists had gathered outside his home shouting slogans. Ahmad was a peaceful and respectable citizen and had no dispute with anyone. He was killed only for his faith.
Mr. Riaz Ahmad Basra was shot dead in Ghatialian, District Sialkot on October 18. Raja Abdul Hamid Khan and Mr. Bashir Ahmad were killed in Baldia Town four days later, on October 23 and the list goes on and on and on. These were targeted killings of Ahmadis.
On August 20 in Ghatialian, the police registered a case against four Ahmadis after they received the complaint of a mulla, Qari Afzal. The reason behind the complaint was that they had hurt his feelings and intimidated him. Those named in the case were Mr. Naeem Ahmad, Mr. Gulfam Naeem, Mr. Ahsan Ramzan and Mr. Shahid Abdullah. Interestingly, three of the accused were not even present at the time of the alleged incident which would appear to indicate that it was a fabricated charge. At the initial hearing temporary bail was obtained for them. However, on October 15, the Additional Session Judge of Pasroor changed the applied penal code in the case with PPC 298-C, an anti-Ahmadiyya clause, and rejected the temporary bail. The police arrested all the accused and sent them to jail until a new bail application was moved in the Magistrate's Court which was granted on October 23. The accused still face trial.
Anti Ahmadiyya activities are nothing new but incidents have risen steeply in District Hafizabad with the desecration of an Ahmadiyya graveyard by the police. This was done on the instructions of a group of mullas. The police officials urged the Ahmadis to commit the desecration themselves and when they refused a group of men went to the cemetery and erased Islamic inscriptions from the gravestones.
The problems for the Ahmadis started with the amendment to the Constitution in 1973 during the reign of Zulfika Ali Bhutto which declared them as 'non-Muslim'. However, it was during the regime of General Zia Ul Haq that they were truly disenfranchised. Ahmadis were denied the right to declare themselves as Muslim. They were not allowed to build mosques similar to those of the Muslims. They could not write or inscribe Quranic verses on their walls of their mosques. And as mentioned earlier, even inscribing Quranic verses on their gravestones left them open to attack by religious zealots.
Sadly the sectarian prejudice against Ahmadis even extends to their right to education; another area in which the government has failed miserably to live up to its responsibilities.
Ms Afshan Malik was a student in the Government Degree College for Women, Gulshane Ravi, Lahore. Ms. Malik participated in the Natiya (poems in the honour of the Holy Prophet PBUH) competition in the Punjab Youth Festival. The Chief Minister of the Punjab, who was present at the event liked her recital so much that he asked to recite another Naat while the results was being compiled. She did so and was loudly applauded by the audience. She was awarded the first prize and a trophy.
After a few days her rivals came to that the two Naats she recited were written by the Ahmadi elders and started to harass her in the college. They tried even get a police case registered against her and when the situation became serious she had to discontinue her studies. Later, for their safety the entire family had to shift their residence.
Once again the question begs to be asked: where is the religious freedom that Ms. Hina Rabbani Khar spoke of in her address to the United Nations at the Universal Periodic Review? Now that Pakistan has been reelected to the Human Rights Council this must be the time for the government of President Asif Ali Zardari to live up, not only to the pledges it made to the UN four years ago but more importantly, to the wording in the country's Constitution which guarantees freedom of religion for all.
*Stewart Sloan may be contacted at sloanbooks@gmail.com and welcomes feedback and suggestions for future articles on the religious minorities of Pakistan.
AHRC-ART-121-2012
November 15, 2012
An Article from the Asian Human Rights Commission
This article was also published by the Interfaith Cooperation Forum Newsletter and may be found at: http://antonechan.com/~dagaorg/icf/faithpeace/2012/121130f.htm
PAKISTAN: Violence against the Ahmadi community, a religious minority continues unabated
Stewart Sloan
(This is Part II of a series of articles on the problems of religious minorities in Pakistan)
With its reelection to the Human Rights Council Pakistan must now show the world that it is serious about fulfilling its international obligations. One area that needs urgent attention is the violence committed against religious minorities, in particular the harassment and violence perpetrated against the Ahmadis, which often happens with the cooperation of the police.
On October 19 Mr. Saad Farooq was returning home after attending congregational prayers with his family. Farooq, an Ahmadi, was riding his motorcycle while his family travelled in a car. Unknown men, also on a motorcycle approached him from behind and shot him in the head. Farooq died on the spot. The assailants then turned their attention to the car in which Farooq's father, brother, father-in-law and others were seated and opened fire. Three of them were injured and taken to a hospital.
Mr. Saad Farooq was an active member of the Karachi Ahmadi community. Recently married he leaves behind a grieving widow. He was 26 years-of-age.
A few weeks earlier on October 4, Khawaja Zahur Ahmad (64), was shot dead near his home in Satellite Town. The bullet struck him below the right ear. Friends and neighbours rushed him to the hospital but he died en route. A few months prior to Ahmad's assassination religious extremists had gathered outside his home shouting slogans. Ahmad was a peaceful and respectable citizen and had no dispute with anyone. He was killed only for his faith.
Mr. Riaz Ahmad Basra was shot dead in Ghatialian, District Sialkot on October 18. Raja Abdul Hamid Khan and Mr. Bashir Ahmad were killed in Baldia Town four days later, on October 23 and the list goes on and on and on. These were targeted killings of Ahmadis.
On August 20 in Ghatialian, the police registered a case against four Ahmadis after they received the complaint of a mulla, Qari Afzal. The reason behind the complaint was that they had hurt his feelings and intimidated him. Those named in the case were Mr. Naeem Ahmad, Mr. Gulfam Naeem, Mr. Ahsan Ramzan and Mr. Shahid Abdullah. Interestingly, three of the accused were not even present at the time of the alleged incident which would appear to indicate that it was a fabricated charge. At the initial hearing temporary bail was obtained for them. However, on October 15, the Additional Session Judge of Pasroor changed the applied penal code in the case with PPC 298-C, an anti-Ahmadiyya clause, and rejected the temporary bail. The police arrested all the accused and sent them to jail until a new bail application was moved in the Magistrate's Court which was granted on October 23. The accused still face trial.
Anti Ahmadiyya activities are nothing new but incidents have risen steeply in District Hafizabad with the desecration of an Ahmadiyya graveyard by the police. This was done on the instructions of a group of mullas. The police officials urged the Ahmadis to commit the desecration themselves and when they refused a group of men went to the cemetery and erased Islamic inscriptions from the gravestones.
The problems for the Ahmadis started with the amendment to the Constitution in 1973 during the reign of Zulfika Ali Bhutto which declared them as 'non-Muslim'. However, it was during the regime of General Zia Ul Haq that they were truly disenfranchised. Ahmadis were denied the right to declare themselves as Muslim. They were not allowed to build mosques similar to those of the Muslims. They could not write or inscribe Quranic verses on their walls of their mosques. And as mentioned earlier, even inscribing Quranic verses on their gravestones left them open to attack by religious zealots.
Sadly the sectarian prejudice against Ahmadis even extends to their right to education; another area in which the government has failed miserably to live up to its responsibilities.
Ms Afshan Malik was a student in the Government Degree College for Women, Gulshane Ravi, Lahore. Ms. Malik participated in the Natiya (poems in the honour of the Holy Prophet PBUH) competition in the Punjab Youth Festival. The Chief Minister of the Punjab, who was present at the event liked her recital so much that he asked to recite another Naat while the results was being compiled. She did so and was loudly applauded by the audience. She was awarded the first prize and a trophy.
After a few days her rivals came to that the two Naats she recited were written by the Ahmadi elders and started to harass her in the college. They tried even get a police case registered against her and when the situation became serious she had to discontinue her studies. Later, for their safety the entire family had to shift their residence.
Once again the question begs to be asked: where is the religious freedom that Ms. Hina Rabbani Khar spoke of in her address to the United Nations at the Universal Periodic Review? Now that Pakistan has been reelected to the Human Rights Council this must be the time for the government of President Asif Ali Zardari to live up, not only to the pledges it made to the UN four years ago but more importantly, to the wording in the country's Constitution which guarantees freedom of religion for all.
*Stewart Sloan may be contacted at sloanbooks@gmail.com and welcomes feedback and suggestions for future articles on the religious minorities of Pakistan.
An Article from the Asian Human Rights Commission
PAKISTAN: Despite being reelected to the Human Rights Council religious minorities continue to suffer abuse and harassment
Stewart Sloan
Pakistan was reelected to the UN Human Rights Council with a thumping majority vote. It was one of the highest votes received by any country and it somehow managed to do this with a human rights record that shows little compliance with the pledges made in 2008.
The ongoing excuse for the continuation of human rights abuses and non-compliance with the international obligations is the fight against terrorism, defence of sovereignty and national interests. However, despite this claim there seems to be little progress in the fight against terrorism and this may be witnessed by the almost daily attacks by religious extremists and Talibani elements from both within and without the country's borders.
The rhetoric from the country's leaders speaks of their fight against terrorism and their commitment to ensuring freedom of religion and equality for all. However, while they are happy to spout these in international forums their actions behind closed doors do not bear this out. It is not possible that the voting countries are unaware of this and it casts doubts on the sincerity of the country's that voted for Pakistan's reelection. Could it be that they are happier with the devil they know and are afraid of what might happen if they have no control whatsoever over that devil's actions.
Pakistan will undoubtedly be proud of the number of votes it received but will this lead to the false idea that the country must be doing something right and therefore may continue to ignore their international obligations. Reelection should be a reward for doing something right. Perhaps now might be the time for the country to prove that it is worthy of this reward by complying with its obligations. Now might be the time for the international community to ask for a definitive answer as to when Pakistan is going to abolish the blasphemy laws, introduce legislation to make torture a crime and ensure that the military is placed firmly under the Constitution in order the stop the enforced disappearances and extrajudicial killings that inevitably follow.
It was just a few short weeks ago when Hina Rabbani Khar, the Foreign Minister and head of the Pakistan delegation stood before the UN at the Universal Periodic Review and assured her audience that freedom of belief and religion was practiced in Pakistan. She obviously does not read the newspapers. Perhaps such a thing is below her and she waits for one of her aides to inform her of what is going on in the real world. Perhaps her aides do not consider the harassment and physical attacks on members of the Hindu minority to be a matter worthy of their or her attention. Whatever the case, harassment and attacks on the Hindu minority are a very real occurrence and one that the government of Pakistan is turning a blind eye to in their ongoing policy of appeasement of the religious extremists.
In one of the most recent incidents on November 8, a group of Islamic extremists arrived at a Hindu temple on the outskirts of one of the country's largest cities, Karachi, shouting, "Kill the Hindus, kill the children of the Hindus." The group, which was armed with pistols, destroyed the temple fittings and ripped off the golden bangles worn by the women. The men and women were beaten indiscriminately and the attackers were so sure of their impunity from any action from the authorities they did not even bother to conceal their identities or cover their faces.
This was not an isolated case; indeed, it was the second time this particular temple has been attacked, and there have been many such incidents reported. Even Muslims who speak out in public in defence and support of Hindus leave themselves open to attack.
Marvi Sirmed is an outspoken defender of democracy and human rights. She has particularly spoken out on the rights of minorities such as the Hindus, Christians and Shias. Marvi had been receiving threats from rightwing and extremist groups for several months now and for her own security has had to change her place of residence.
On November 3, unidentified gunmen opened fire on the car in which Marvi Sirmed was traveling but fortunately she and her driver escaped unharmed. The attack took place in the Pakistani capital, Islamabad. The police announced that they have started an investigation into the attack but, perhaps not surprisingly, no results have been forthcoming.
More recently Marvi Sirmed was instrumental in the recent campaign to free Rimsha Masih, a Christian girl who was wrongly accused of blasphemy after a Muslim cleric planted evidence against her.
Another area of concern which involves members of the Hindu and Christian minorities is that of forced marriage and conversion. Typically a Hindu girl goes missing and when she next contacts her family they find that she has been married to a Muslim boy. There have been numerous court hearings in several cases to determine whether the conversion was voluntary and in each case students from nearby madrassas attend court to intimidate the judges by chanting demands that the conversion be confirmed. An NGO worker said that in the 100 cases that he had personally worked on only one girl had been safely returned to her family. The government's policy of appeasement also finds its way into the courts.
There is now a mass exodus of Hindus from Pakistan which is noted but ignored by the government who is doing nothing to provide them with the protection guaranteed by the Constitution. It is generally believed that the impetus for this exodus was the case of the forced conversion and marriage of a Hindu girl, Rinkle Kumari. Even a Sou Moto action by the Supreme Court of Pakistan yielded no favourable results and the girl herself, perhaps realising the helplessness of her situation, opted to remain with her Muslim 'husband'. Rinkle's relatives allege that she was forced to decide in favor of her husband and her uncle said that the Hindu community had submitted to the kidnapping for ransom practices against them; however, kidnappings of girls followed by forced conversions so alarmed the community that their fear increases with every passing day.
At the time of the creation of the country the Hindu community had the choice of remaining with Pakistan or immigrating to India. They chose to remain loyal to a country whose government is now turning a blind eye to the harassment and abuse perpetrated by the religious extremists who are allowed to spread their messages of hatred with impunity.
The glowing image that the Foreign Minister, Hina Rabbani Khar, painted of Pakistan blatantly ignored the harassment and abuse of Hindus, Christians, Shias and the Ahmadiya community. She ignored the several attacks on members of the Shia community in which buses were stopped by people in military uniform, the Shias identified, lined up on the side of the road and shot, execution style. Likewise, she made no mention of the assassinations of members of the Ahmadiya community who are persecuted and harassed. Interestingly, on the very day that the Foreign Minister was giving her speech to the UN the Ahmadiya community was forbidden to hold their Eid celebrations and was prevented from holding prayer meetings like the other Muslims. One can only laugh at the Foreign Minister when she claims that religions minorities enjoy complete freedom. She was fully aware when she gave her speech that the Ahmadiya community is disenfranchised and forbidden to vote in the general elections so that they can have a voice in parliament.
So much for freedom of religion!
Pakistan must show the world that it is worthy of being a member of the Human Rights Council. Now is the time for the country to abolish the blasphemy laws, introduce legislation to make torture a crime and ensure that the military is placed firmly under the Constitution in order the stop the enforced disappearances and extrajudicial killings that inevitably follow.
*Stewart Sloan may be contacted at: sloanbooks@gmail.com
PAKISTAN: Despite being reelected to the Human Rights Council religious minorities continue to suffer abuse and harassment
Stewart Sloan
Pakistan was reelected to the UN Human Rights Council with a thumping majority vote. It was one of the highest votes received by any country and it somehow managed to do this with a human rights record that shows little compliance with the pledges made in 2008.
The ongoing excuse for the continuation of human rights abuses and non-compliance with the international obligations is the fight against terrorism, defence of sovereignty and national interests. However, despite this claim there seems to be little progress in the fight against terrorism and this may be witnessed by the almost daily attacks by religious extremists and Talibani elements from both within and without the country's borders.
The rhetoric from the country's leaders speaks of their fight against terrorism and their commitment to ensuring freedom of religion and equality for all. However, while they are happy to spout these in international forums their actions behind closed doors do not bear this out. It is not possible that the voting countries are unaware of this and it casts doubts on the sincerity of the country's that voted for Pakistan's reelection. Could it be that they are happier with the devil they know and are afraid of what might happen if they have no control whatsoever over that devil's actions.
Pakistan will undoubtedly be proud of the number of votes it received but will this lead to the false idea that the country must be doing something right and therefore may continue to ignore their international obligations. Reelection should be a reward for doing something right. Perhaps now might be the time for the country to prove that it is worthy of this reward by complying with its obligations. Now might be the time for the international community to ask for a definitive answer as to when Pakistan is going to abolish the blasphemy laws, introduce legislation to make torture a crime and ensure that the military is placed firmly under the Constitution in order the stop the enforced disappearances and extrajudicial killings that inevitably follow.
It was just a few short weeks ago when Hina Rabbani Khar, the Foreign Minister and head of the Pakistan delegation stood before the UN at the Universal Periodic Review and assured her audience that freedom of belief and religion was practiced in Pakistan. She obviously does not read the newspapers. Perhaps such a thing is below her and she waits for one of her aides to inform her of what is going on in the real world. Perhaps her aides do not consider the harassment and physical attacks on members of the Hindu minority to be a matter worthy of their or her attention. Whatever the case, harassment and attacks on the Hindu minority are a very real occurrence and one that the government of Pakistan is turning a blind eye to in their ongoing policy of appeasement of the religious extremists.
In one of the most recent incidents on November 8, a group of Islamic extremists arrived at a Hindu temple on the outskirts of one of the country's largest cities, Karachi, shouting, "Kill the Hindus, kill the children of the Hindus." The group, which was armed with pistols, destroyed the temple fittings and ripped off the golden bangles worn by the women. The men and women were beaten indiscriminately and the attackers were so sure of their impunity from any action from the authorities they did not even bother to conceal their identities or cover their faces.
This was not an isolated case; indeed, it was the second time this particular temple has been attacked, and there have been many such incidents reported. Even Muslims who speak out in public in defence and support of Hindus leave themselves open to attack.
Marvi Sirmed is an outspoken defender of democracy and human rights. She has particularly spoken out on the rights of minorities such as the Hindus, Christians and Shias. Marvi had been receiving threats from rightwing and extremist groups for several months now and for her own security has had to change her place of residence.
On November 3, unidentified gunmen opened fire on the car in which Marvi Sirmed was traveling but fortunately she and her driver escaped unharmed. The attack took place in the Pakistani capital, Islamabad. The police announced that they have started an investigation into the attack but, perhaps not surprisingly, no results have been forthcoming.
More recently Marvi Sirmed was instrumental in the recent campaign to free Rimsha Masih, a Christian girl who was wrongly accused of blasphemy after a Muslim cleric planted evidence against her.
Another area of concern which involves members of the Hindu and Christian minorities is that of forced marriage and conversion. Typically a Hindu girl goes missing and when she next contacts her family they find that she has been married to a Muslim boy. There have been numerous court hearings in several cases to determine whether the conversion was voluntary and in each case students from nearby madrassas attend court to intimidate the judges by chanting demands that the conversion be confirmed. An NGO worker said that in the 100 cases that he had personally worked on only one girl had been safely returned to her family. The government's policy of appeasement also finds its way into the courts.
There is now a mass exodus of Hindus from Pakistan which is noted but ignored by the government who is doing nothing to provide them with the protection guaranteed by the Constitution. It is generally believed that the impetus for this exodus was the case of the forced conversion and marriage of a Hindu girl, Rinkle Kumari. Even a Sou Moto action by the Supreme Court of Pakistan yielded no favourable results and the girl herself, perhaps realising the helplessness of her situation, opted to remain with her Muslim 'husband'. Rinkle's relatives allege that she was forced to decide in favor of her husband and her uncle said that the Hindu community had submitted to the kidnapping for ransom practices against them; however, kidnappings of girls followed by forced conversions so alarmed the community that their fear increases with every passing day.
At the time of the creation of the country the Hindu community had the choice of remaining with Pakistan or immigrating to India. They chose to remain loyal to a country whose government is now turning a blind eye to the harassment and abuse perpetrated by the religious extremists who are allowed to spread their messages of hatred with impunity.
The glowing image that the Foreign Minister, Hina Rabbani Khar, painted of Pakistan blatantly ignored the harassment and abuse of Hindus, Christians, Shias and the Ahmadiya community. She ignored the several attacks on members of the Shia community in which buses were stopped by people in military uniform, the Shias identified, lined up on the side of the road and shot, execution style. Likewise, she made no mention of the assassinations of members of the Ahmadiya community who are persecuted and harassed. Interestingly, on the very day that the Foreign Minister was giving her speech to the UN the Ahmadiya community was forbidden to hold their Eid celebrations and was prevented from holding prayer meetings like the other Muslims. One can only laugh at the Foreign Minister when she claims that religions minorities enjoy complete freedom. She was fully aware when she gave her speech that the Ahmadiya community is disenfranchised and forbidden to vote in the general elections so that they can have a voice in parliament.
So much for freedom of religion!
Pakistan must show the world that it is worthy of being a member of the Human Rights Council. Now is the time for the country to abolish the blasphemy laws, introduce legislation to make torture a crime and ensure that the military is placed firmly under the Constitution in order the stop the enforced disappearances and extrajudicial killings that inevitably follow.
*Stewart Sloan may be contacted at: sloanbooks@gmail.com
Thursday, June 14, 2012
Kindle Direct Publishing
Dear Friends,
I am writing to you as many of you have kindly expressed an interest in my writing over the years. Some of you have asked when you can expect my next book to come out and I'm happy to say that the wait is now over.
Kindle Direct Publishing have uploaded 'Tales of the Visayas', a book containing three novellas that I wrote in the late eighties but until now, have not the resources or the time to do anything with.
Tales of the Visayas can now be found in the Amazon web site at: http://www.amazon.com/dp/B008BCYBIQ
.
For those of you who do not yet have a Kindle reader you can download free Apps from the following sites:
For android phones and tablets:
http://www.amazon.com/gp/feature.html/ref=red_lnd_shrt_url?ie=UTF8&docId=165849822
For iPads:
http://www.amazon.com/gp/feature.html/ref=kcp_ipad_mkt_lnd?docId=1000490441
For PCs:
http://www.amazon.com/gp/feature.html?ie=UTF8&docId=1000493771
Thursday, May 17, 2012
WORLD: Europe's top human rights court hears rendition case
FORWARDED PRESS RELEASE
AHRC-FPR-018-2012
A Press Release from REDRESS forwarded by the Asian Human Rights Commission (AHRC)
The Grand Chamber of the European Court of Human Rights heard today its first case involving a victim of the CIA rendition program. It heard evidence supporting Khaled El-Masri's claim that he was subjected to torture and ill-treatment in an Afghan prison, after being wrongfully arrested by Macedonian agents and handed over to a CIA rendition team more than eight years ago.
16 May 2012 -- The European Court of Human Rights today heard its first case involving a victim of the CIA rendition program.
The Grand Chamber of the European Court of Human Rights (ECtHR) heard detailed evidence supporting Khaled El-Masri's claim that he was subjected to torture and ill-treatment in a notorious Afghan prison, after being wrongfully arrested by Macedonian agents and handed over to a CIA rendition team more than eight years ago. After four months of detention he says he was returned to Europe and dumped on an Albanian road in May 2004. Every attempt at seeking justice by El-Masri has failed until now.
El-Masri is represented in the case by a team of lawyers from the Open Society Justice Initiative. REDRESS first made written observations as a third party in the case before the ECtHR in 2011 (see here) and again this year (see here) on the rights of victims of extraordinary rendition under international law to an investigation, remedy and reparation.
REDRESS has made detailed submissions to the Court on:
The importance of keeping victims informed and allowing them to be involved in investigations into allegations they raise the requirement that such investigations be subject to public scrutiny and the need for such investigations to be capable of identifying systemic failures leading to the violation.
In the face of repeated failures to adequately investigate such allegations across Europe -- including in the UK -- REDRESS' submission shows how verification of the facts and public disclosure of the truth are themselves part of what the states involved owe victims under international law.
In support of its submission REDRESS provided the Court with an expert report (see here) by clinical psychologist Dr Mary Robertson, which discusses how the provision of a remedy, and identifying the perpetrators, can be crucial to victims' psychological recovery.
REDRESS' international legal officer, Sarah Fulton, said: "Providing a remedy to victims and getting to the bottom of what happened, and why, is vital because it allows injustice to be acknowledged by the wider society and helps victims to reclaim their dignity and come to terms with their suffering."
According to Fulton: "Extraordinary rendition, and the torture and ill-treatment associated with it, destroys lives. Its victims have the right, just like any other persons whose rights have been violated, to have their allegations properly investigated. Those investigations and their findings must be as open to public scrutiny as possible, both for democratic accountability and, crucially, for the sake of the victims themselves. Leaving aside any monetary compensation, verification of the facts and public disclosure of the truth are vital parts of what the states involved owe victims under international law."
Wednesday's hearing was the first time that a court heard the merits of El-Masri's complaint, even though several criminal and civil proceedings related to his case were started in the United States, Spain, Germany and Macedonia without result. His attempt to sue the CIA in the US courts was rejected in 2006 under the "state secrets" doctrine, which allowed the US Government to have the case dismissed without considering the merits on the basis that it risked revealing classified information. Efforts to encourage the Inter-American Commission on Human Rights to consider the US' application of the "states secrets" doctrine, which REDRESS also supported, have likewise not led anywhere.
To date, European states alleged to have been implicated in the extraordinary rendition programme have failed to properly address the allegations relating to their involvement or to provide a remedy to victims. REDRESS believes that this case presents the Court with an opportunity to emphasise to States the obligations that they have to both the public and to individual victims in such cases. It should also stand as a stark example to those seeking to limit even further victims' avenues for justice, including the UK which, despite much criticism, remains committed to introducing closed procedures in all cases raising national security issues.
The Grand Chamber will now consider the case, before delivering its judgment later in the year.
REDRESS was represented in its amicus submissions by barristers Timothy Otty QC and Simon Pritchard of Blackstone Chambers.
For further information, please contact Eva Sanchis, Communications Officer, on eva@redress.org or +44 (0) 20 7793 1777.
# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
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